Quick question..

[indistress]

My partner is on a working holiday maker visa in UK. Can he switch to unmarried partner visa without leaving UK? Any advise would be greatly appreciated.

[Docterror]

Yes he can switch if all requirements for the unmarried partners visa is met.

[sakura]

Firstly,

does he qualify?

[indistress]

hi docterror & sakura. thanks for your reply.

sakura - I thought the requirements are that we have been living together for two years (Yes) and that there are sufficient funds to accommodate & support him (Yes). Can you recommend a site where can i learn more whether he qualifies?

docterror - that's what i thought but the migration agent i am using is implying that he has to go back home (Australia) to apply, although when i first made the enquiry they suggested that it can be done (hence my basis for using their services). So i got confused & thought the rules may have change.

I forgot to mention that I recently got approved for HSMP so my plan was to include him in the FLR(HSMP) application form. Does this change your thoughts on the matter?

[sakura]

I'm confused...

You are here on a HSMP visa? If you are not a permanent resident, then you cannot apply for an unmarried partner visa.

See here: http://www.ind.homeoffice.gov.uk/applyi ... sexcouples

IND website:

Can I bring my unmarried or same sex partner, to the United Kingdom?

Your unmarried or same sex partner, may apply to join you in the United Kingdom as long as you are present and settled in the United Kingdom. Settled means that you are living here lawfully with no time limit on your stay.

So you don't qualify for that. Look for details about HSMP dependent visa, but I think you have to be married for that.

[Docterror]

Since you are on HSMP, you are only considered to be on limited leave to remain. Hence you partner who will not be able to switch from the Working Holidaymaker visa to an unmarried partner visa as he is not considered to be fulfilling all the requirements. See rule (ix) of 4 of the Immigration Directorate's Instructions about unmarried partners here. He will have to exit and come back as your dependant which would not have been the case had you been a Permanent Resident.

[indistress]

Now I get it.. My apologies - I thought unmarried partner and dependant spouse are one and the same.

Hi Sakura - Yes I switched from work permit to HSMP. I got the approval two weeks ago and now have to apply for the FLR(HSMP).

I told the migration agent from the beginning what I wanted to do and was informed that my partner can be included under my HSMP application as dependant spouse, except they obviously forgot to tell me this one vital information - the fact that he has to leave the country in order to apply as my dependant spouse!

I am really annoyed at the migration agent as they should have explained this to me on the outset when I told them my situation.

Thank you both for the information - it has been most helpful.

[indistress]

Hi again.. I just read the FLR (HSMP) guideline and on page 5, Section 1, heading "Dependants", point 4, states that the form can be used for unmarried partners if they are applying at the same time.

http://www.ind.homeoffice.gov.uk/6353/1 ... pril07.pdf

So it appears that my partner can apply in-country?!?

I shall clarify this with agent and will let you guys know the outcome in case someone has similar issue in the future...

Thanks.

[Docterror]

Your partner could have applied for the EXTENSION of his stay as the unmarried partner along with you. Meaning he should already have been holding the entry clearance as the unmarried partner or have had previous extension/leave to remain as your unmarried partner.

Unless someone with better understanding can step in and correct me, chances are quite high that he will not be able to make an in country application.