seeking advice before travel

[gaman]

Hi Mods,

Entered the uk - march 2004, on student visa valid until june 2006. I am still attending my MSc. classes regularly but I am staying with my gf with our 13 months old baby which was conceived during my prior visit (on visit visa) in Nov 2003. I am applying for unmarried partner visa in march/april 06.

Will, a travel made in dec 05 for a week to my home country in asia, affect my visa application for unmarried partner visa? I haven't finished my masters degree course yet - finishes in march.

and

Should i travel in dec for a week or not? - I have actually already booked a flight but the thought of it affecting the unmarried partner visa later is haunting me - please help here - thanks a lot in advance.

[John]

One week apart will not affect the application for UPV.

[gaman]

One week apart will not affect the application for UPV.

Thank you John

Glad to know about that- looks like I am going home alright then

And one more question i have please. Is it alright to come back (enter) on the student visa (valid until june 2006), although my circumstances have changed ( has it really changed in terms of the immigration laws - as i am still studying the course full time) since i first got the visa nearly 2 years ago.
Will there not be any issues later for UPV- where i may be rejected because of not giving them information about my changed circumstances while coming back from this short trip abroad?

[John]

Well it is clearly OK to use the Student Visa until March when your course ends. So is there really anything to worry about?

But ... conception (as you neatly put it) in November 2003 ... while you were in the UK on a visitor's visa. So exactly how long have the two of you lived together? You arrived on that VV when? Left when? Length of time the two of you were apart before you returned on your student visa?

I am just trying to work out whether the two of you have already lived together for at least two years? That is, can you apply for your UPV during your trip back home in December?

[gaman]

... while you were in the UK on a visitor's visa. So exactly how long have the two of you lived together? You arrived on that VV when? Left when? Length of time the two of you were apart before you returned on your student visa?

I am just trying to work out whether the two of you have already lived together for at least two years? That is, can you apply for your UPV during your trip back home in December?

Many thanks again John,

... great idea that i apply for upv back home

On VV, I arrived here during the second week of nov 2003 and left the UK on the 3rd jan 2004. Went home applied for student visa entered 11 march 2004.

My worry to apply now is that i can not think of any documents to prove that we were together since nov/dec 2003.
I have documents in my name - like banks..., NI, NHS, etc... only from the end of april/may 2004.

my partners divorce was finalised sometime in august 2003 and we have known each other for over a decade now, first met while she was working in nepal in 1992 (although nothing was going on between us then - wish there was though ). Relationship started during nov/dec 2003

[John]

As you are quite rightly realising, to get an UPV you not only need to be living together but you need to prove it. So looks like the you will need to wait until March 2006 at the earliest.

A question ... is marriage out of the question? No one should get married merely to ease a visa problem but it is nevertheless the case that if the two of you married it would be distinctly easier to get you a spouse visa compared to a UPV one. Not only that, assuming she is British, two years after you got a spouse visa, that is, immediately after you converted that into ILR, on your facts you would be eligible to apply for Naturalisation as British immediately after the ILR is in your passport.

[gaman]

I am just trying to work out whether the two of you have already lived together for at least two years? That is, can you apply for your UPV during your trip back home in December?

..... and the sponsorhip letters and accomodation was all provided for the VV + student visa by my partner.

Can those be used as a proof of staying together?

And also John, do you think i will qualify the '2 years together' (the fact is that we are!! but may not be able to prove with documents - except our child )?

Funds and accomodation should not be a problem for us according to other posings/discussions in this board.

And should i apply back home during dec ? i am going on the 16th.

A great board and looks like i can save some money here without having to go to an immigration solicitor

Awaiting your comments

[gaman]

As you are quite rightly realising, to get an UPV you not only need to be living together but you need to prove it. So looks like the you will need to wait until March 2006 at the earliest.

I dont' mind waiting until march 2006 as long as this trip in dec will not affect the UPV later.

well, we haven't really thought of a marriage yet!! may be at some point in the future. so definitely it has to be UPV for now.

sorry i could read your new posting only after i sent the other two

Is waiting until march 06 the final the thought here then?

[John]

Is waiting until march 06 the final the thought here then?

Yes, I think it has to be ... insufficient proof prior to that ... also the two-month gap might cause problems.

[gaman]

Thank you very much for the ideas and advice.

As you suggested i will wait until march 06 and then apply. I might have to seek assistance nearer the time with this board again to make sure that the application is submitted properly.

Many thanks again to John .

[gaman]

Hi mods,

I thought that may be it would be easier if I use this old thread instead of opening a new one, although my circumstances have changed since then.
Obviously all my details have been already discussed few months ago. But still let me sum it all here:

Visited the UK in Nov 2003 for 6 weeks on a visit visa - left on 3/01/04,
Applied again for student visa and entered 11/03/04,
Student visa valid until end of june 2006,
Since day 1 after entering living with my British partner although can only produce official documents from 15th April 2004,
Had our baby in sept 2004 (got pregnant during the visit in dec 2003),
My partner owns the house with a mortgage,
Finance and accomodation looks good to me,
Marriage doesn't mean much to us but had to do it because of the uncertainty of UPV,
Got COA and going to the register office to get married on 11/04/2006,
Planning to make an appointment in croydon on 13/04/06,

Now I would like you all to clear few doubts I have here - that would be fantastic!
Since we have been together for more than 2 years and married, is there a possibility of getting ILR rather than FLR? or do I have to get FLR and wait another 2 years to get ILR?

I have partly completed my course and have a original diploma received here- after which i haven't been able to complete my dissertation (looking after the baby- better than writing a thesis ). Will that go against me or will it not matter after we get married?

Once agian thank you for all your help in advance

[John]

is there a possibility of getting ILR rather than FLR? or do I have to get FLR and wait another 2 years to get ILR?

If the application is successful, and why not, you will get a two-year spouse visa. Going straight to ILR is only possible for those together for at least four years outside the UK.

In the last 28 days of the two years you will need to apply for ILR. Once you have that, based upon the facts you post, it looks as if you can apply for Naturalisation as British as soon as you have your ILR.

[Aleksas]

Isnt it that you have to have been MARRIED and TOGETHER for four years? Not only together...? (outside the UK)

Lex.

[John]

Aleksas, no actually, an unmarried couple who have been together at least four years outside the UK .... one now applies for an Unmarried Partner's Visa .... ILR should be granted.

And in practice if they have been together at least four years, but married less than 4 years, ILR should still be given. After all it would be a bit ridiculous if a couple have lived together unmarried for many years, and then they get married, if that marriage would downgrade them from ILR to merely a 2-year visa.

[gaman]

Thank you John for the reply.
I have now downloaded FLR(M) and will try to book an appointment tomorrow in Croyden PEO for 13th April.
Will be seeking help as I fill in the form in the next couple of days.

Many thanks again