ILR - do I qualify? Thanks!

[kageanrage]

Hi there,

I'm an Australian citizen, arrived in UK Feb 2009 on Working Holiday Makers visa, returned to AUS in Dec-2009 to submit passport and obtain Tier 2 visa, then returned to UK Mar-2010 on Tier 2 visa.

I've lived unmarried with my girlfriend, who is a British Citizen, here in the UK since Feb 2009 (apart from that 3 month time in Australia) and would look for indefinite leave to remain on this basis. I am still in the UK under my Tier 2 General visa. Do I qualify?

I've spent quite a bit of time searching for assistance but not having much success - any assistance appreciated!

Many thanks.

[Greenie]

No you don't qualify for indefinite leave to remain under any category at the moment.

to qualify for ILR on the basis of your relationship you would need to switch in country on form FLR(M)

http://www.ukba.homeoffice.gov.uk/partn ... inside-uk/

You would need to meet the requirements of the immigration rule 295D

http://www.ukba.homeoffice.gov.uk/polic ... expartners

As the rules currently stand you would need to complete two years in this category before you qualify for ILR.

[kageanrage]

Thanks Greenie,
So in say 2 months time we will have lived together here in the UK for two years and therefore I will be eligible, would you agree?

[geriatrix]

After you have lived with your partner in the UK for 2 years in a relationship akin to marriage / civil partnership, you may apply for leave to remain as unmarried partner of a British citizen, and not "indefinite leave to remain". After completing 2 years as unmarried partner of a British citizen, you may then become eligible for settlement (assuming the rules do not change in the interim).

You are currently in the UK as a Tier 2 migrant, and under current rules, will become eligible for settlement only after completing 5 years stay in the UK as an PBS migrant. And to be eligible for settlement under a different category (e.g. - unmarried partner of a British citizen), you must first change your immigration category and then spend the residential qualifying period in the UK to become eligible for settlement under that category.


regards

[xyz123]

Thanks Greenie,
So in say 2 months time we will have lived together here in the UK for two years and therefore I will be eligible, would you agree?

No, you only get leave to remain as unmarried partner and not an ILR. You can get ILR after staying with partner for 2 years after you get leave to remain as unmarried partner

[kageanrage]

thank you both for your assistance - much appreciated.