WHMV to unmarried partner (good one for experts and gurus)

[mikali]

Hi,
I am looking to gain an unmarried partner visa and would like to know some information and would appreciated any advice given. I am Australian and have been in the UK on a working holiday maker visa for the last 14 months of which I have worked 12 and am no longer employed due to the conditions imposed on my VISA.

I have been living with my Australian partner (who I have been with for 9 years) for the last 5 years and have the required documentary evidence that we have been living in a relationship akin to marriage for the last 2 years to qualify for the unmarried partner visa.

My partner applied for a work permit under the pre November 27 2008 rules and received her letter of permission to work a few weeks ago. She is now in a position to apply for limited leave to remain. She is going to fill in the FLR(IED) form as stated to do so on a letter from the UK border agency.

Now…we have been told by what i think Is a reputable source that all my partner has to do is list my name as a dependant on the form and take in the necessary proof of our relationship and the visa will be processed there and then. I have also been told by the same source that I am able to be included on this application even though I am currently within the UK. When questioning whether or not I can be in the country the source assured me that I would be able to apply and also that separating my partner I would be a breach of Article 8 of the European Convention of Human Rights: The Right to Respect for Private and Family Life.

When ringing the home office to make an appointment to have the application processed using the premium service, I was told that I am unable to make the appointment on behalf of the both of us and that only my partner will be able to apply. Their reason being that I cannot be included in the application as I am currently within the UK.

So my questions now are:
Can I be included on my partners FLR(IED) application even though I am present in the UK and am currently on an working holiday maker visa?

If I cannot, then why is there even a spot for dependents to apply on the form if dependants cannot be in the country?

If I cannot, why and where does it state that I cannot?

Does the Article 8 of the European Convention of Human Rights: The Right to Respect for Private and Family Life give me any case for argument when being told that I cannot apply from within the UK?

Can someone please give me some further advice or direction on my issues above?

Sorry for the longwinded post, I just wanted to get it all in one post.

Thanks

[vinny]

If I cannot, why and where does it state that I cannot

Leave to enter or remain as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270

Requirements for leave to enter or remain as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270

295J. The requirements to be met by a person seeking leave to enter or remain as the unmarried partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270; are that:

...

(ix) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.

[mikali]

Hi Vinny,
Thanks for the prompt reply and your guidance links.
Please excuse my ignorance, but i can't seem to find exactly where it specifies that I must apply from my home country. Or more specifically I can't find where I do not meet the criteria.

Thanks again,
Michael.

[vinny]

(ix) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.

[Wanderer]

In other words WHM is leave to enter not leave to remain and you cannot switch in country, except (I think) to another leave to enter category, ie visitor which is allowed from WHM.

[vinny]

In other words WHM is leave to enter not leave to remain and you cannot switch in country, except (I think) to another leave to enter category, ie visitor which is allowed from WHM.

Perhaps not as a general visitor:

(iii) has, or was last granted, entry clearance, leave to enter or leave to remain as a general visitor or as a child visitor.

[mikali]

Ok, thanks for the response but now i am even more confused, most likely because of my interpretation.

Since I am now seeking leave to remain as a dependent and I was admitted with a valid UK entry clearance in the form of the WHMV, how does this disqualify me from the following point:

(ix) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.

Perhaps my misinterpretation lies within the phrase “within this capacityâ€

[Wanderer]

UPV/depandant is Leave to Remain. WHM is Leave to Enter, ie it's a temporary stay visa, once it's finished, gone. UPV and Spouse visas WP/HSMP/Dependant visas etc are Leave to Remain, ie they lead to settlement.

So if you have WHM, you only have Leave to Enter, not to remain, so you can only switch within to another Leave to Enter visa, of which there is possibly only the Visit visa or similar. Within this Capacity means 'visa of the same category' in ur case LTE.

I have read here you can switch to visit visa after ur WHM, but ur still stuck in the same category, you can't switch from Visitor then because I think you exhausted all the LTE-type visas...

I am on the edge of my knowledge here tho...

[Casa]

Stepping in now that Wanderer's exhausted his knowledge! Unfortunately, you can no longer switch from WHV to Unmarried Partner from within the UK...even if your partner was a British Citizen. This has to be applied for from your home country.

[vinny]

[quote="mikali"]Perhaps my misinterpretation lies within the phrase “within this capacityâ€

[mikali]

That's exactly what we are...Unmarried Partners.

[mikali]

Assuming that I have to go to my home country and apply to change to an unmarried partner visa (one of which will allow me to work in the UK on re-entry), which form will i have to fill keeping in mind that my girlfriend has a work permit under the old scheme and not under the points based system?

[mikali]

Would I need to fill the VAF2 form?

[bpietro]

Hi Mikali,

I am looking for information on the same topic. I am in the UK on a HSMP visa. I will have been living with my partner (who is here on a WHMV) for two years in a couple of months. I think I have all the necessary docs to prove this. We both have more than 12 moths left on our visas.

I am also wondering what form needs to be filled out to put her as dependant on my visa.

I would also like to know if we both need to go back to Australia to make the application to add her as dependant.