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How long have you been living with your partner and is there any plan to get married? And how old is she? (this may affect her ability to come to the UK as a working holidaymaker if you're not yet eligible to sponsor her).gimli2222 wrote:Hi Looking for some advice here
My partner is originaly from Hong Kong but has been living in USA for 13 years and holds a full US passport. She also holds a BNO passport from Hong Kong which has currently expired but we have been told by British Passport office that she is able to re-apply for a full BNO passport. I am a british citizen by birth and need to know what is the best method of entry for my partner to the UK, which passport to use etc. We are looking at settling here long term and she wants to work but also attend college etc. I have looked at student visa's and unmarried partner options. Being chinese, she may have some difficulty that i have not forseen, even on a US passport.
As far as I understand it you can't normally apply for an unmarried partner visa (UPV) without having 2 years cohabitation. Others will be able to advise on whether there's any flexibility here.gimli2222 wrote:Currently I live and work in the UK and my partner lives and works in the US. I am out in the US now over CHristmas sorting out as much as I can. She is 35 and I am 39. Technicaly we have not lived together I guess but I understand that I have the option of applying for the Unmarried Partners Visa with the four year option and two year probation. I think this is right. Currently, we have no preference as to my partner being either a student of working but for her the ideal situation would be to work and attend college part time to improve her written english skills. Hope this clarifies things a little. Any advice?
Para 13.14 of the Entry Clearance volume of Diplomatic Service Procedures (=staff instructions) on the UKVisas website makes it fairly clear that there is little scope for flexibility, with regard to living together, I'm afraid:JAJ wrote:As far as I understand it you can't normally apply for an unmarried partner visa (UPV) without having 2 years cohabitation. Others will be able to advise on whether there's any flexibility here....
The parties having been living together in a relationship akin to marriage/civil partnership which has subsisted for two years or more
"Living together", should be applied fairly tightly, in that we would expect a couple to show evidence of cohabitation in the preceding 2 year period. Periods apart would be acceptable for good reasons, such as work commitments, or looking after a relative which takes one partner away for up to 6 months where it was not possible for the other partner to accompany and it can be seen that the relationship continued throughout that period by visits, letters etc. Where a couple have been living together for the preceding 2-year period but have been dividing their time between countries and may, for example, have used the "visitor" category, then this will be sufficient to meet the requirement....
There should be no question of her losing her American citizenship provided she intends to keep it. Even becoming a naturalised British citizen in due course ought not to be a problemgimli2222 wrote:We both agree that she should keep her american citizenship incase we want to move back to the US at a later date.