Unmarried Partner Visa

[toby]

Got a question about unmarried spouse visa.

I am planning to apply for this visa, I am an Australian citizen and would be applying through my girlfriend who has a British passport. Shouldn't be much of a problem except for...

"you have suitable accommodation which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds"

While we've mostly lived together on our own - currently we have a flatmate, does this automatically rule me out for this visa? Has anybody applied from a similar situation? Could he be counted as part of my household?

[badboyz]

Read this post. http://www.immigrationboards.com/viewtopic.php?t=6227

[toby]

Thanks for your reply and help.

Just to clarify, from that post - it would seem that as our place is definitely not overcrowded, then I shouldn't have any problem applying for the visa?

[John]

Toby, all I would say about that is .... just prove that it is not overcrowded. Don't just assume that the person dealing with a visa application will just accept that it is not overcrowded.

[geriatrix]

I think this info. will help you. Read clause 9.5 in particular.

Follow the link:-
http://www.ukvisas.gov.uk/servlet/Front ... int%20five

regards

[toby]

Cheers guys for all your help - reading through that page, it would appear that (from the following section) that sharing a house would not render me ineligible for the unmarried partner visa.

I am wondering, if this is more something that is of more concern for out of country applications. I would be applying in country (in UK on WHM visa).

At this stage though, am planning on trying to submit.

1. Lease showing my name, partner's name and friends name
2. Letter from council confirming not overcrowding
3. Letter from real estate confirming number of bedrooms in property

Sounds like from what I've read that should be sufficient to show that I have adequate accomodation, what do you guys think?

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If the accommodation is not owned by the couple (or one of them), the Rules require that there be adequate accommodation which is for their exclusive use. This need not be as elaborate as a self-contained flat. It is acceptable for a couple to live in an existing household, e.g. that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use.
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[toby]

Hello all,

My unmarried partner visa was approved last week. In regards to what I supplied, I took in my lease and also a check out report that had the number of bedrooms. I wasn't able to get a letter from council, however none of this was queried.

I would like to thank all those who posted advice in this thread and other threads I read as well, this forum is a goldmine of useful information and I am appreciative of the time and efforts that people put into this site.

Thanks,
Toby

[ela]

hello there
i am settled and working in the uk i have recently put trough to the Home Office the SET(F) aplication form for my common law partner who is ugandan nationality.
he has been living in the uk for the last 6 years
he has been married before but that relationship didn't last and he has a doughter from that relationship
presently i am 6months pregnant with his secon child
the problem we are facing at the moment is that the applications for his stay that he has submitet while still married were refused and he has not been notified till the day that he has been arrested as an overstayer and handed in the refusal letter at that point
at the same time he has been taken to the Colnbrook IRC and is waiting to be deported
In my understanding having studied all revelant info available that my partner has a very strong case in UK as being a father already and his 3 year old doughter is a british citizen
he should be allowed to stay in the Uk where the family ties have been formed
i also have the EEA" for ready to be send of at any moment but i would like an advise if i have any chance or what i should really do next at this point
help help it is very urgent

[ela]

I was wondering if i can get any legal aid in my case as i am workin on a low incom but still working and soon am going on my maternity leave is there any possibility for me to get any financial support

[John]

i am settled and working in the uk i have recently put trough to the Home Office the SET(F) aplication form for my common law partner who is ugandan nationality.

i also have the EEA" for ready to be send of at any moment

Can you please say what your nationality is? And when you say EEA" , do you actually mean EEA2?

The relationship you have with your partner? Can you talk more about that? How long have the two of you lived together? Is it more than two years that you have lived together? In which case I think the case for getting a Residence Card are good. If less than two years but it is clear that the two of you have a "durable relationship" it is worth submitting an EEA2. The problem is that the notes issued to staff in IND do not (yet) take sufficient account of the flexibility of the definition of "durable relationship" which was introduced into EU law as recently as 30.04.06. IND seem to be wanting to apply the same test as for an Unmarried Partner Visa .... two years living together .... but many people think that IND will need to back down from that.

In other words, if the two of you have lived together for less than two years, expect a fight on your hands to force the issue.

Finally can you give a bit more about your partner's UK immigration history. You describe him as an overstayer. What visa has he had in the past, and when did it expire?