ADVICE PLEASE! HOW STRICT IS IT?

[soomichu]

My situation my partner and I are in isn't very simple.

First off, I am from the US and he is a British citizen / national. We started off long-distance and in order to be together, both took a Working Holiday VISA (1 year of permission to work) in Australia and lived together.

QUESTION 1:
My partner and I have been in a de-facto marriage relationship for over 2 years. Our relationship is genuine, and can easily be proven with pictures, testimonies from mutual friends, whatever it may be. However, we have only been able to live together for 1 year because how else are we supposed to do it since we're from different countries? Can this be overlooked if we provide enough evidence to show that we were serious despite the initial distance?

QUESTION 2:
Seeing as how we were both in Australia for a year, we both were working, but that also means that my partner would not have had a job in the UK for 6 months. His Australian income DOES exceed 18,600 pounds and he has promising potential jobs for when he returns to the UK (the company he works for in Australia also has a branch in the UK where we would live). My plan is to:

a) Provide them with e-mails of the contact between him and his potential company in the UK showing promise of a well paying job when he returns home.

b) Provide them with my resume and evidence that I am very employable (and it's true that I am!). I do not intend to live off public funds I just want to be with my partner!

c) Provide them with e-mails between myself and jobs in the UK with promising text saying that they are very keen to meet me in person when I land.

d) Provide them with other e-mails between my partner and other companies with promising text as well.

I feel as though even though neither he or I have jobs in the UK because we have been in Australia for the past year, if we provide them with loads of evidence that we are willing to work and are very employable, would they consider it?

Can anyone share your experiences of applying for the UK Partner VISA when you don't really "clear-cut" meet or fail the financial eligibility requirement? We don't exactly fail it, it's just complex because my partner hasn't been in the country!

[anniecc]

You're approaching this from the point of view that the UKBA are logical and reasonable, and will exercise appropriate judgment. The problem is that the immigration system is designed to operate to clear cut rules that safeguard consistent decision making.

Question 1 - the two year cohabitation requirement for the unmarried partner visa is very strict. In situations where the couple can't physically live together due to being from different countries, UKBA would expect you to marry to show your commitment to each other.

Question 2 - according to my understanding, none of the scenarios you have outlined will be acceptable, as your partner needs to have been earning £18,600 for six months in order to sponsor you. One possibility is that your partner returns to the UK, gets a job, works for six months, then sponsors you. Again, you would need to be married or engaged with concrete plans to marry, as you won't meet the cohabitation requirements for the unmarried partner category. Another possibility is that you secure a UK work or student visa in your own right, live with your partner for a further year, then apply to extend your leave in the unmarried partner category.

[Casa]

Anniecc is right on both counts.
The 2 year period living together in a relationship akin to marriage is mandatory.
Your potential employability and earnings won't be taken into consideration.