Tier 2 or unmarried partner's visa?

[Mayski]

I desperately need advice!

I’m currently in the UK on a Tier 1 Post Study Work Permit, which expires in October, and so I’m looking at my options. I’m in full time employment and have an English partner and we’ve been together for almost three years.

I spoke to a number of immigration advisors, who after asking about my details, told me my two options were switching into Tier 2 (General) subject to my employers agreeing to sponsor me, or to apply for an unmarried partner’s visa, if I have proof that me and my partner have been living together for two years or more.

Having initially been unsure if my employers would be willing to sponsor me, I decided to start the unmarried partner visa route. It’s a much simpler process and I am easily able to fulfil all the requirements – with the exception of one, which is that we’ve been living together at my current address for 1 year and 9 months and not two. Prior to that we also lived together, but I’ve lost all post from our old address and have nothing to prove it. We did stay with a friend for a few months prior to moving into our current address whilst we were looking for flats, and I read in the guidance that it is possible to get a signed letter from whoever it is we lived with confirming that we were there if there isn’t any other proof of address. However, I can’t help but worry, because I know the home office rejects applications over the slightest things, and this just seems too easy.

On the other hand, I’ve just found out from my boss that they would be happy to sponsor me. I have now also started looking into that route – and have found that, should my employer’s sponsorship application be accepted (which they are confident it will), once again I score points on most of the application, once again with the exception of one thing – there is a requirement to provide bank statements showing that I’ve had a minimum of 900 GBP in my account for the last three months, and that just hasn’t been the case. I’m 21 and like 90% of people my age, a couple of days before payday my bank balance is always perilously close to 0. Attempting to borrow and save 900 pounds for the next three months isn’t an option either because I need to make my application as soon as possible. I’d used my parents’ bank account in the past but that is no longer an option, and I know there’s an option for my employers to verify my maintenance funds, however I don’t know what that entails and if they’d be willing to do it.

Does anyone have any advice at all as to which route is less risky/I should take? I contemplated attempting the unmarried partners route and should it get rejected, trying the sponsorship route, but I do know that a previously rejected application could and will negatively affect my chances in my second application.

I desperately want to remain here and would appreciate any advice! Sorry this was so long.

Thank you.

[VickyImmy]

Hi, Earlier there was an exemption for those who switch from PSW to TIER 2 from showing maintenance. However, this no longer exists.

If I were you, I would try to pursue the TIER 2 VISA. Just check whether your company can verify the maintenance for you. This is a very simple process for them, because they are not going to show any money to UKBA. All they gonna do is just say yes in the CoS application where it asks for maintenance. Only thing is your company should be an A rated sponsor.

Other options are, it's not compulsory that your funds should be in GBP. It can also be in other currency. You just need to have maintained money equivalent to 900 GBP in that currency on your name or as a joint account holder. This could be back in your home country as well. For 3 months ofcourse.

If your company is an A rated sponsor, do convince them to certify the maintenance for you. That would solve almost all your problems with VISA.

[Mayski]

Hi, Earlier there was an exemption for those who switch from PSW to TIER 2 from showing maintenance. However, this no longer exists.

If I were you, I would try to pursue the TIER 2 VISA. Just check whether your company can verify the maintenance for you. This is a very simple process for them, because they are not going to show any money to UKBA. All they gonna do is just say yes in the CoS application where it asks for maintenance. Only thing is your company should be an A rated sponsor.

Other options are, it's not compulsory that your funds should be in GBP. It can also be in other currency. You just need to have maintained money equivalent to 900 GBP in that currency on your name or as a joint account holder. This could be back in your home country as well. For 3 months ofcourse.

If your company is an A rated sponsor, do convince them to certify the maintenance for you. That would solve almost all your problems with VISA.

Thanks ever so much that was really useful. I'll pursue the Tier 2 and hope that my employers don't mind verifying my maintenance.