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Moving to UK without marriage???

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Marriage | Unmarried Partners | Fiancé | Ancestry

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lovetravel26
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Moving to UK without marriage???

Post by lovetravel26 » Fri May 31, 2013 9:37 pm

Hello!

I have a few questions and I hope that some can help me.

I'm an American citizen, and my partner is a British citizen. We would like to live together in England at some point, but it seems nearly impossible to do so without a secured job, or marriage. Is there any other way? I read on another forum that if we've lived together prior to one partner moving to the UK, then that qualifies? How true is that? If it is true, is "living together considered a length of time in one go? Because if I add up the amount of days of his visits, then that would surpass 90 days.

Any insight would be GREATLY appreciated. Thank you!

MPH80
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Post by MPH80 » Fri May 31, 2013 9:47 pm

Your initial assessment is correct.

In order to qualify for the unmarried partner visa (which is what you've described) - you would have had to have lived together in a 'relationship akin to marriage' (e.g. shared living costs/bills/finances/children etc) for 2 years.

M.

lovetravel26
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Post by lovetravel26 » Fri May 31, 2013 9:53 pm

No, we've never lived together and shared expenses, before. Would it be the same if he tried moving here with me?

Mr Rusty
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Post by Mr Rusty » Sat Jun 01, 2013 3:24 am

lovetravel26 wrote:No, we've never lived together and shared expenses, before. Would it be the same if he tried moving here with me?
Yes, if you spent 2 years living together in the USA, that would satisfy the "relationship" part of the requirements. However, there are also financial requirements that have to be satisfied for a settlement visa, which you should be aware of, and start working out how you would satisfy them when/if you wished to apply.

Take a look through this:-

http://www.ukba.homeoffice.gov.uk/visas ... financial/

MPH80
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Post by MPH80 » Sat Jun 01, 2013 8:07 am

I think your second question is asking about american immigration rules?

I don't know the answer to that - but I wanted to clarify if that's what you're asking for other readers.

lovetravel26
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Post by lovetravel26 » Thu Jun 06, 2013 3:58 am

According to these requirements, both partners have had to met in person. It seems that they already know that there's a possibility that both partners may have never lived together before, or no?

I don't understand how they can except both partners to have lived together previously, when trying to move with the other is the entire point of doing this in the first place. Is that not how they view this situation?

And another thing, I've learned that the income of the British partner can meet the financial requirement for both partners, if it is the required minimum amount or more. Correct?

Thank you for the link, by the way! :)

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Post by anniecc » Thu Jun 06, 2013 10:14 am

There are slightly different requirements depending on whether you're applying as a spouse/civil partner or an unmarried partner. The requirement to have met is more relevant to the spouse category and is specifically there to protect against sham marriages for immigration purposes while permitting genuine arranged marriages.

The mandatory requirement to apply as an unmarried partner is that you have to have lived together for at least two years in a relationship akin to marriage.

http://www.ukba.homeoffice.gov.uk/visas ... ried-docs/

To answer your other questions:

1) The UK does not consider people's desire to live with their boyfriend/girlfriend to be sufficient for immigration purposes. In situations where you haven't lived together in the same country they expect you to get married to demonstrate that the relationship is serious.

2) If you aren't currently working in the UK, only your UK sponsor's income can be taken into account as part of the financial requirement.

If you don't meet the unmarried partner requirements and don't want to get married, you could see if you can qualify for a UK visa in another category (e.g. student, skilled work visa). You could apply to switch to the unmarried partner category once you've met the two year cohabitation requirement.

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Casa
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Post by Casa » Thu Jun 06, 2013 10:45 am

Unmarried Partner visas were originally introduced for couples who were living together and unable to divorce from a previous relationship due to national law prohibiting divorce. The Philippines for example. It was later extended to all couples who had been living in a relationship 'akin to marriage' for a minimum of 2 years.

JS28
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Post by JS28 » Thu Jun 06, 2013 2:35 pm

Casa wrote:Unmarried Partner visas were originally introduced for couples who were living together and unable to divorce from a previous relationship due to national law prohibiting divorce. The Philippines for example. It was later extended to all couples who had been living in a relationship 'akin to marriage' for a minimum of 2 years.
Hi Casa,

Is the 2 years required for couples who are legally married or in a civil partnership?

My partner is a Filipino and we entered into a civil partnership(lesbians) in the UK in February 2013. So we are legally married in the U.K.

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Casa
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Post by Casa » Thu Jun 06, 2013 4:40 pm

No, the 2 year co-habitation rule only applies to unmarried partners.

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Post by Amber » Sun Oct 13, 2013 10:35 am

lovetravel26 wrote:Is there anyone who applied for either of these visas and didn't meet all of the criteria, perfectly? Are application decisions based solely on meeting the exact criteria, or person by person circumstances?

Are they very strict on the matter of both partners having had already lived together prior? It seems that it's a requirement for both visas, but makes no sense, as another requirement is that both partners should have already met in person, all together. Also, with the fiancé visa, it doesn't say anything about both partners living together prior when going into further detail. I'm just feeling a bit discouraged because my partner and I can meet every other detail, except that. We have not lived together, before.

Can anyone share their experience?

Thank you. Smile
Lucapooka wrote:Where did you get the impression that a fiancee visa required the couple to have lived together? You merely need to have met and intend to live together after the marriage.
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