Unmarried NZ partner already here what chance to get to stay

[tomjenkins26a]

Hi Everyone,

I am a UK citizen (born here) I went on a 23 month working holiday to New Zealand from July 2009 to May 2011. While there I fell in love with a NZ girl who is now over here living with me in the UK on the general visit visa.

We live together now and lived together in NZ since Feb 2011 (four months) but started seeing each other on January 15 2010.

I want to try and get her to stay here on a partner visa which is either form FLR-M or another form which is SET-M but are not sure. If she can get a visa through either of these can she work or is it just to live in the UK with me?

As she is from NZ she will not have to take the English speaking test but will have to take the Living in the UK test and the Biometric things.

To be honest I've got my self completely confused by it all and need a little guidance. Thanks for all your help. Tom and Mandy.

[Casa]

Firstly, she is unable to switch from visitor to any other visa from within the UK...and the second point, unfortunately she doesn't qualify for an Unmarried Partner Visa. You would need to show a minimum of 2 years living together in a relationship 'akin to marriage' and the documentary evidence to support this.

[tomjenkins26a]

OH F**K it!!!

Is that right because when we looked at the forms it said applying from within the UK? So we thought it would be all good to apply.

OK not that this is going to sound right but what if we got married? Would that mean she could stay on a married visa?

[PaperPusher]

OH F**K it!!!

Is that right because when we looked at the forms it said applying from within the UK? So we thought it would be all good to apply.

OK not that this is going to sound right but what if we got married? Would that mean she could stay on a married visa?

The same problem will come up, the rules do not allow people to switch from being a visitor to pretty much everything.

Has she thought about Tier 5 Youth Mobility Scheme? She would have to leave the UK to get it, but it lasts two years and work is allowed.

She has to be aged 18 to 30

http://www.ukba.homeoffice.gov.uk/worki ... ocanapply/

[tomjenkins26a]

Oh she is over thirty otherwise that would of been perfect. You know she will have to go home of this six months is up and then come back on a intention to marry visa next time.

I feel we might have messed things up by her coming here but young in love can't do without each other! Maybe I should of stayed there!

You guys are awesome for helping and clearing things up.

Cheers Tom and Mandy

[wf]

Does she have a grandparent born in England or Ireland?

[wf]

You know she will have to go home of this six months is up and then come back on a intention to marry visa next time.

Which specific visa are you referring to here?

If a marriage visit visa, she will have to go home afterwards and reapply. If a fiancee visa she can switch into spouse visa.

[tomjenkins26a]

No grandparents her family must of been one of the first of the boat!

Yeah I mean the fiancee visa, a visa for coming to the UK with the intention of marrying and being able to stay for 27 months or something.

We have to show that we have a date to be married before as part of the paper work. By then we would of lived together for two years or so as well.

[PaperPusher]

No grandparents her family must of been one of the first of the boat!

Yeah I mean the fiancee visa, a visa for coming to the UK with the intention of marrying and being able to stay for 27 months or something.

We have to show that we have a date to be married before as part of the paper work. By then we would of lived together for two years or so as well.

You will need to be a bit more precise than "or something" when it comes to applying!

If you want to get married in the UK she should apply for a fiancé visa, come to the UK, get married within six months, then apply in the UK for a spouse visa on FLR(M) form. She then applies for ILR after spending two years on the spouse visa.

If you get married in NZ or somewhere else she can skip the fiancé visa and apply for the spouse visa in NZ which lasts for 27 months. Then she applies for ILR after spending 2 years in the UK on the spouse visa.

There may be changes to the immigration rules in the future.

[tomjenkins26a]

Do you get permission to work on the fiance visa or the FLR(M) or is it just the ILR you get to work on? Thanks for all your guys help.

[Greenie]

Do you get permission to work on the fiance visa or the FLR(M) or is it just the ILR you get to work on? Thanks for all your guys help.

no permission to work on the fiance visa but permission to work after have been granted leave as a spouse/unmarried partner. (i.e. after she has applied on FLR(M) and been granted leave on that basis).