[DCT]

Hello

I'm currently staying in the U.K with YMS Tier 5 visa with my British partner and going to apply to Unmarried partner visa on the day my visa expires by post - early July.

I got few questions, and they are very tricky. :/


1. It will be around 17~18 days short of 2 years of cohabitant when my visa expires as I came to the UK 2 to 3 weeks after my visa started. I know this is risky, but how about I apply on the date of my visa expiry date (so make it close to 2 years as much as possible) then it will hit the 2 years date before they give me the decision? Would you recommend mentioning "Please consider we will fulfill the 2 years of cohabitant period when we get the decision" in the cover letter or just don't mention anything about the short period?



2. Would they accept my (applicant) annual income for the finance requirement (leave as blank for sponsor's income section in the FLR(M) form)?
My income is more than £18,600 but the thing is my 1 year contract will finish in July, which will be in the middle of the visa consideration period (4 - 8 weeks). I'll keep working until the day I get the result (I heard that it is possible to stay and work here until the decision date even though the current visa expired?) and the company is willing to renew the contract once I get the visa. So I'll ask my company to support me with the letter saying they will extend the contract for 2 month for the visa consideration period and will renew the contract for another year when I get the new visa.

So it will be 1. Company support letter +mentioning they will renew the contract for a year or more, 2. Signed one or two months extension contract
Do you think this is enough? Or do I have to push them to provide me the 1 year or more contract as well not just mentioning it on the letter?



3. For the first 12 months, I didn't have my name on the contract with an agency but only my partner's name on. Is this going to be a problem? It was a flat share, so we lived in a room. I have lots of official documents delivered to this address and the bank transactions that sent half rent to my partner. (Now we moved to another shared flat and we got contract with both names on) Do I need to mention why (cause I wasn't earning enough at that time so we put my partner as the lead tenant.) or just don't say anything but show the proofs?



4. We don't have joint account or anything with joint name except Christmas cards from family. So I guess we can put 6 or more official documents each delivered to the same address spread in 2 years (12 all together)? Is a payslip also could be the official documents?



5. We pay rent all bills included so no council tax or utility bills on our name. Can we state this on the landlord support letter? For now I'm thinking to write like this:

Stating He's the owner of ABC property, when we moved in, what the deal is (the tenants pay rent including all bills, the landlord pays all the utilities bills and council tax which are in his name), The contract in joint names mentioning we are allowed to live here.

Do we need to get the property inspection report as well? For now, we can provide the tenancy agreement contract and the landlord support letter and few official documents with each name's on delivered to this address as a proof.



6. If I get refused, do they give any extra period to re-apply? (If the reason is something I can provide the proof, like hitting 2 years cohabitant) I think I saw they give 28 days to do it but not sure. Or there's no way to apply again as my visa is already expired and have to leave right after I got the refusal decision?
Also if I can reapply, does YMS visa extended like the first apply period so I can keep working? I guess not, but want to know just to make sure.



Nothing is really ticked off, every requirements are so hard to prove except we are real couple. We have so many bumps :/ Please help us! Any partial help will be also welcome.:fingerscrossed:

Thank you in advance.

 

[clever-octopus]

1. You already know you don't meet the requirement as stated and the rules say this requirement should be applied "fairly tightly". Yes it is better to apply as close to expiry as possible but you'll never guarantee success. There's no need to make specific mention of the fact you've not been living together for the full two years, but you should give a concise timeline of your relationship including cohabitation.

2. Yes you can continue working as long as you have a processing visa application, and it shouldn't be a problem to use your own income. As long as you are still in employment at the time of application and your employer can verify it, you should be ok. You don't need a further 1 year contract, you just need to be currently employed.

3. That may indeed weaken your application. You should mention in your letter the circumstances of your living together. It would have been wise to have joint accounts or commitments.

4. Yes, a payslip can be used as an official document for the sake of correspondence as long as it was an original document sent to you by post. Christmas cards are somewhat useful (though not very) to show a genuine relationship, but don't count as official post. Your assessment here seems correct.

5. You should probably get your terms of tenancy (i.e., bills included) stated in the landlord's letter. You only need a property inspection report if there are other tenants at the same address.

6. You cannot re-apply from within the UK if your visa is refused, but you can likely appeal the decision. The 28 day grace period for out-of-time applications doesn't exist anymore (as of Nov 2016). But do note that if your unmarried partner visa was refused on the grounds that you hadn't lived together for the required 2 years at the time you applied, you probably won't win an appeal.

 

[DCT]

Thank you so much for your reply! Okay I now got few more, could you please have a look?


1. Yes I've read many success and failure stories here regarding short period which gave me hope, took it back and vice versa haha.

Okay so just before I came to the U.K, my partner came to Korea for around 3 months and we lived in my parents' 3 bedroom apartment flat with them (Jeonse: is a real estate term unique to South Korea that refers to the way apartments are leased. Instead of paying monthly rent, a renter will make a lump-sum deposit on a rental space. So my parents paid rent for 2 years from someone else so the property was theirs for 2 years.). I'm trying to fit this in to prove additional 3 months of cohabitation.

We don't have any bills or contract with our name written on with the address, but I can get the contract under my parents' name stating the address, the size of the property and the contract period. I'll translate and authenticate it and will get it by international post (would like to get scan or fax but original documents is better right?).

Also I'll get the support letter from my parents saying we've been lived there for 3 months with the dates on, we are the only occupants except my parents with the free rent. Is this enough?

Additionally, I can get my bank statements stating my address on at that time and a receipt when I bought a laptop from online market like Amazon with both of our name on for receiver. Hopefully this will take into account that we lived together longer than 2 years.



2. Oh because I will apply around 03/07 and my current contract is expires on 31/07 so thought I need to back myself up having further extended contract as the visa process might take longer than this. Shall I still try to provide that 2 months visa consideration period contract after my contract finishes, I guess it is helpful?



3. Yes, I will try to mention why only my partner name is on the contract and provide all the official documents I got with the address covering the 1 year period. I can get support letters from flat mates at that time stating we've been there as a couple though, would it be helpful?

I thought I only need these accommodation details documents below for the current address but is it true? For the last one I was going to provide the contract with my partner name is on and official documents (bank statements, gp etc)?

This could include:
Land Registry documents
mortgage statements
rent book or tenancy agreement
council tax statements
property inspection report
utilities bills
accommodation details with a supporting letter from the occupant/ landlord confirming that you are able to stay there




5. Yes, I will get the contract mention all the bills are included on our rent and also separate landlord's support letter. Can we just put how big is the property (how many stories, how many rooms, how many people live in) on the support letter or do we definitely need to get the property inspection from private companies or agencies?

So in this house, there are 3 rooms on 3rd floor (our couple and a women in, one room is empty at the moment) and another 3 rooms on 2nd floor but the landlord use all of them. 1st floor is just stairs to 2nd floor.




6. Okay so I definitely have to go back to Korea and re apply from there if the 2 years is matter. And also my income won't be matter anymore for the financial requirement and has to be my partner's. Thank you again!

 

[clever-octopus]

If you don't have any official documentation of living together in Korea then it's not really helping your case, you can get a letter from your parents but that's not evidence. Is that enough - Definitely not. Receipts aren't considered strong evidence. You don't mention anything about your partner having evidence that she lived there either. I'm afraid this is not really helpful.

Do provide the contract extension if you have it.

Letters from flatmates aren't helpful and will probably be disregarded entirely. You're looking to include a lot of "evidence" in the form of testimony from parents/friends but it's all subjective. You're strictly required to submit "official" post.

You only need accommodation details (including permission from the landlord) for the current address where you will be living together after the visa is presumably accepted. The accommodation requirement is separate from cohabitation evidence (but can overlap). The accommodation requirement shows that you have adequate permission to live together at the property and that you are residing there currently. Bank statements/GP letters are good for proof that you're cohabitating but aren't accommodation evidence. For proof of accommodation, most people use a tenancy agreement and a council tax statement or utility bill.

Based on what you've said, you'll need a property inspection report as there are other non-family members living at your address.

Frankly it doesn't look like you have a relationship which resembles a marriage and this will be a relatively weak application.

 

[DCT]

This is so stressful. :/ I know my case seems quite weak, but will try to make it happen. Thank you for your help, you are a really clever octopus.

I need to get more evidence and maybe use this Korean residence as a side note? There might be one or two social media posts from my parents mentioning we are living together.
Or do you recommend not trying to prove this as there's no official documents from my partner's side?

I got the bank transfer records sending half of the rent every months to my partner for the first 1 year, and can get my partner' bank records sent the rent to the agency if this can spice up a bit more?

 

[nyclon]

What kind of visa was she on whilst in Korea? If it was a tourist visa then she was visiting you, not living with you. Time spent together on a tourist visa doesn't count as living together.

 

[DCT]

Hi Nyclon, Yes, it was tourist visa :'( Sad but it is what it is.

Okay so I can't use this at all! I have to stick to the period I stayed here which makes me more nervous, phew Shall I just mention this Korean period on cover letter when I explain our relationship?

Hope I can get through this. Thank you again for the straightforward advice guys.

 

[WestCoastCanadianGirl]

Why not just get married?

You don't need anything fancy (I know, from personal experience, that Asians are into the big banquet/celebration thing when it comes to weddings), just a simple Registry Office marriage will suffice.

I know that it's not necessarily the route that you want to go down but, as Clever Octopus has stated, it not only doesn't look like you have a relationship which resembles a marriage you're almost 3 weeks short of living together (and there are accounts here of people being refused with <2 weeks shy of the 2 years).

 

[DCT]

Hello WestCoastCanadianGirl, Yes I know what you mean For now, we'd like to be financially stabled first to get married.

I'm even thinking if this get rejected, I have to go back to Korea and re apply it. :/ Hopefully not, I also saw few lucky people here who got the visa with short period, but yes, it is so risky!

Even though my visa expired and stayed in the U.K in visa consideration period, it will be counted in 2 years cohabitation period, doesn't it? So I can prove I stayed with him more than 2 years including those days?

 

[WestCoastCanadianGirl]

No, it doesn't work that way.

In order to qualify for an Unmarried Partner visa, you must prove that you have been living together for 2 years as of the day that you apply... if you don't meet the 2 years cohabitation until after you apply, then you will be refused your visa.

Anything that happens after the date of your application does not count.

 

[DCT]

Oh yes I am aware of it. What I meant is so if I get rejected because of the shortage of 2 years and go back to Korea to re-apply, do they count that visa decision period to cohabitation period so I can re-apply with full 2 years?

For example, if I apply at 1st July (current visa expiry date) which is 2 weeks lack of 2 years so get rejected at 5th August. And I go back to korea to re-apply at 20th august with the evidence that I fulfilled 2 years since I stayed until the 5th August even after my visa expired cause I was allowed to stay in the UK for the visa consideraition period?

 

[WestCoastCanadianGirl]

I don't think that you can do that either. You may be in the UK but I don't know that they'll give you credit for the time spent with your partner during the visa consideration period.

Joppa, is what OP proposes even do-able?

Also, it's better not to have a refusal on your record... it will only cause delays for you when you lodge future applications - you must declare all visa refusals and they (the Home Office) will want to examine the reasons for the refusal(s) before they make a decision on your application.


As I said before, your only real choice would be to get married and apply as a Spouse; you say that you want to be financially stable before marrying (which is a good reason), but why spend all of that money to apply, get refused, go back to Korea (airfare isn't cheap!), reapply and then come back when, for the cost of a Registry Office wedding, you could get married, apply and (hopefully) get approved and continue your life in the UK without interruption... you'd save yourself the cost of return airfare from UK to South Korea and a second application fee.

 

[Joppa]

While the rule doesn't say so, you are stretching your luck if you think they will take visa processing time into calculation. You really need to be cohabiting continually for two years while you are on a valid visa or permit to stay.
I agree with WCCG (konnichiwa!) that marriage makes much more sense.

 

[Crawford]

Hello WestCoastCanadianGirl, Yes I know what you mean For now, we'd like to be financially stabled first to get married.

I think you have shown with the above sentence that you are not in a relationship as man and wife akin to marriage - you do not consider yourself as married to your partner.

You have been "living together" in either parent's property, or shared accommodation with sometimes no utility/rent or other bills apart from your own day to living living expenses.

Sharing a room is not the same as what is considered as marriage for immigration purposes - living together independently, having financial and emotional responsibilities for one another, being officially one another's next of kin.

 

[DCT]

Thank you for the advice, everyone. Will try to figure out the best option.