[03allisone]

Hey,

This is my first time on the forum. I am british but my partner is Australian. We met whilst she was studying in the UK and following the end of her course she went back to live with parents abroad for a year. We continued our relationship long distance, metting 4 or 5 times and then she came back to the UK on a tier 5 youth mobility visa. We moved in together on the day she arrived and have been living together continuously since.

My question is, we stupidly had her visa start 2 days before she arrived in the UK, meaning her visa expires 2 days before we would have met our 2 year cohabitation requirement. We are not married however will be engaged (hopefully........) in a month. Has anyone else been in this situation? Any idea how likely we are to be successful? We can prove we have been in a serious and durable relationship for over three years, we will just be a few days short of the cohabitation!

Any advice would be very greatly appreciated......she will have just qualified as a teacher so NEEDS to be in the UK to finalise this for the next couple of years so both of us moving to Aus isnt an option.

Ed

 

[03allisone]

......sorry........I don't know how to edit a post. We are actually only 1 day short. The visa started on 01/05/2016 and she arrived on 02/05/2016.

Ed

 

[clever-octopus]

I would say one day short is still worth applying, especially if you have plans to marry. It's also possible (though uncommon) to switch to a fiance visa within the UK but she wouldn't be able to work on that visa until you're married and FLR(M) is granted. If I were in your position I'd try for the unmarried partner visa and also provide some evidence of a tentative registry booking, to show your devotion to one another

 

[nyclon]

I would say one day short is still worth applying, especially if you have plans to marry. It's also possible (though uncommon) to switch to a fiance visa within the UK but she wouldn't be able to work on that visa until you're married and FLR(M) is granted. If I were in your position I'd try for the unmarried partner visa and also provide some evidence of a tentative registry booking, to show your devotion to one another

I don't think you can apply for a fiancé visa from within the UK.

 

[clever-octopus]

Ah, you are right about that... I had seen that one of the relationship options on FLR(M) is:

Fiancé(e) or proposed civil partner of a person present and settled in the UK or in the UK
with refugee leave or humanitarian protection and a biometric immigration document.

But I think that's only for extending an existing fiance/proposed CP visa if there was understandable circumstances why the marriage couldn't take place within the first 6 month visa. Mea culpa.

 

[03allisone]

Hey, thanks for the responses.

DO you think the one day short bit will be an issue then? We would really need the ability for her to work as she needs to start her first year of teaching.

Has anyone got any experience of applying with the one day gap and being successful?