Unmarried Partner: 2 years akin to marriage

[expotokyo]

I am very confused about this period. IS there anywhere in the guidance that states explicitly that this period must be directly preceding the application?

i.e. what if a couple lived with each other in India for 3 years, then were separated for 18months (but sustained the relationship) and then lived together in the UK for another year.

Would this be automatically rejected? Or are there legal grounds to argue that it does meet the 2 years prior cohabitation.

Thanks

[CR001]

http://www.ukba.homeoffice.gov.uk/sitec ... hp8-annex/

see annex FM 2.0 - geniune and subsisting relationships in the caseworker guidance

[expotokyo]

Hi,
I have read FM 2.0 and this is what I mean.

"In Appendix FM, an unmarried partner or a same sex partner means a person"
"who has been living with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application."

Prior to in English means any time before.

AS far as I can see, it is ambiguous and not clear that it must be directly preceding.

[CR001]

It means 'prior to date of application" so the two years preceeding the date the application is made, not the two years before the 18 months you were living apart!

[Obie]

It means 'prior to date of application" so the two years preceeding the date the application is made, not the two years before the 18 months you were living apart!

I concur. I believe the purpose of that provision, is to enable people who have been living together in a relationship akin to marriage, by virtue of their cohabiting, and intend to live together not to be disadvantaged by the fact that they are not married.

Even if historic cohabitation was taken into account. The length of time you were apart, for which you are seeking to claim a an unmarried partner status, is such that, it does not indicate the relation is solid and enduring.

[expotokyo]

I agree that 18 months is a long time. However in the rejection letter itself, it stated that we have shown that we can maintain a relationship whilst living apart (we provided evidence of skype history and visits).

Therefore, UKBA themselves have accepted that we maintained the relationship. In law, if a term is ambiguous, then then in many cases the judge will consider the interpretation of the person reading the law.

Prior means before and does not explicitly mean 'immediately preceding'

Any thoughts?

[MPH80]

"Akin to marriage" is the key point.

You can have a subsisting relationship - but it doesn't mean it's akin to marriage and the marker used for this is living together for 2 years.

M.

[expotokyo]

The point is that we have had over 2 years akin to marriage and can prove it and that UKBA has stated in writing that during the gap,we did sustain our relationship.

They state that the maximum gap is 6 months, but this 6 months refers to a period WITHIN the 2 years.

We had over 2 consecutive years living together in the same country prior to the gap and then another 1 year in the UK.

Ultimately, its hard to argue against the rule, but it does not explicitly state that the 2 years must be immediately before (for in-country applicants).

This might be a slim chance, but there is some minimal hope, especially if the relationship is clearly genuine.

[MPH80]

But the point is that your subsisting relationship wasn't akin to marriage in the 2 years prior to the point of application.

I think you're trying to convince yourself - and it is your dime.

[expotokyo]

I absolutely agree that point and realise its a hard one to argue.
But the argument is that prior in English generally means 'before' which is not the same as 'immediately preceding' or 'immediately before'.

For example, if someone asks you in a Job interview if you have any experience prior to applying, it does not necessarily mean it has to be immediately before the application. The experience could be any time in the past.