On Tier 5 wish to remain with partner

[ny152]

I'm an Australian here in the UK on a Tier 5 Youth Mobility visa. I have 6 months remaining on my visa. I live with my boyfriend and have been since I arrived, I am on the lease, bills etc. Prior to coming on my Tier 5 I was here on a visitor visa for 3.5 months and stayed with him the whole time too. He also visited me in Australia for a month between.

We plan to marry at some point and have plenty of evidence of our relationship.

I need to apply to remain but am not sure what the process is.

Will I need to be out of the country to apply?

Do I need to leave and come back on a visitor visa and apply then?

Will it be easier to get leave to remain if we marry before the end of my Tier 5?

If anyone has advice or experience with this it will be greatly appreciated.

[vinny]

If your boyfriend is British or settled, then you may switch before your leave expires.

If he's a qualified EEA national (excluding UK), then you may apply under the EEA regulations. See also Transfer from T5 YMS to EAA Family Permit.

[ny152]

thank you. he is british so that's no problem.

is it definitely possible to switch from tier 5?

[Casa]

What do you intend to switch to? Unmarried Partner visa? If so, this is possible from within the UK as long as you can submit documented evidence that you've been living together in a relationship akin to marriage' for a minimum of 24 months. You must both also be over the age of 21 and show that you can support yourselves financially.

[neilbittles]

Hi Ny152,

it seems that you and i are in the same boat.

I met my girlfriend in australia when i was backpacking in March 2009. Unfortunately i had to leave australia and continue my travels. I arrived back in the Uk, Northern Ireland Oct 2009. My girlfriend then arrived here in the same month on a Tier 5 youth and mobility UK work visa valid for two years. She is an australian citizen and I am a british citizen settled here in the UK, Northern Ireland.

We recently got engaged and would like to remain in the Uk for a further two years. Her visa expires in Oct 2011. By Oct 2011 we will have been living together for two years in the UK and have all the proof to back up our claim e.g. bank statements, pay slips etc.

We have been advised to apply for a de-facto visa/unmarried partner visa. Is it possible to switch and apply for this without her having to leave the UK???

Anyone who has been or is currently in this situation will know how stressing it is as you dont want to loose your partner. Any help and advice will be much appreciated.

what is the stage are you at ny152?

[Greenie]

Hi Ny152,

it seems that you and i are in the same boat.

I met my girlfriend in australia when i was backpacking in March 2009. Unfortunately i had to leave australia and continue my travels. I arrived back in the Uk, Northern Ireland Oct 2009. My girlfriend then arrived here in the same month on a Tier 5 youth and mobility UK work visa valid for two years. She is an australian citizen and I am a british citizen settled here in the UK, Northern Ireland.

We recently got engaged and would like to remain in the Uk for a further two years. Her visa expires in Oct 2011. By Oct 2011 we will have been living together for two years in the UK and have all the proof to back up our claim e.g. bank statements, pay slips etc.

We have been advised to apply for a de-facto visa/unmarried partner visa. Is it possible to switch and apply for this without her having to leave the UK???

Anyone who has been or is currently in this situation will know how stressing it is as you dont want to loose your partner. Any help and advice will be much appreciated.

what is the stage are you at ny152?

Neilbittles, I've already replied to your post on this subject.

[ny152]

well basically i was told that if we are actually married, the 2 years living together doesn't apply. also i think you can only apply to switch while you are in the country, your current visa gets extended while they assess your application.

i would love to hear from anyone who has actually done this!

[vinny]

See also Refusal of Visa for wife due to Tier 5.