UPV - Question re the "two year" requirement

[injenue]

I'm looking into my eligibility to apply for the Unmarried Partner visa and was hoping that someone could provide some clarification on the requirement of living together for two years.

I'm Canadian and moved in with my British partner in December 2009, hence we'll be coming up on two years of living together in December 2012. However, we were living apart for four months during that period as I was in between visas (between the expiry of my Tier 5 (YMS) and the start of my Tier 4 (Student) visa). I have documentation to prove that our relationship subsisted during those four months (emails, Skype conversations, two trips by my partner to visit me in Canada).

Additionally: When my Tier 5 expired I left the UK for a few days and then re-entered as a visitor to spend another month and a half in the UK before returning to Canada. Hence, while I was still living with my partner during that month and a half I was not actually a UK resident. If this means I was considered to be "just visiting", this would potentially bump up our time living apart to 5 1/2 months.

Does the two years of living together need to be 24 consecutive months? Did the two year counter start from zero when I returned to the UK as a student since we had been living apart for a few months whilst I was in between visas?

Any insight would be much appreciated!

[anniecc]

My understanding is that it's ok if you spend part of the two year period living apart, provided you have a good reason. You will need to explain the reason in a cover letter, and provide evidence that you were in contact during that time (which it sounds as though you have; particularly evidence of your partner's trips to visit you in Canada). Your case will be strengthened if you can provide evidence of other joint commitments over that period (e.g joint bank accounts, utility bills). Good luck.

[vinny]

See also SET05 - Unmarried and same-sex partners.

[injenue]

Thank you very much for your responses. I wasn't sure if the Unmarried Partner Visa would even be an option for us, so it's good to know that we needn't entirely rule it out. Our case may not be strong enough anyways as we don't have evidence of joint commitments for the first year of living together, but I will look into it further. Thanks again!