Expat Forum For People Moving Overseas And Living Abroad banner

Status
Not open for further replies.
1 - 3 of 3 Posts

·
Registered
Joined
·
1 Posts
Discussion Starter #1 (Edited by Moderator)
My UK boyfriend and myself (kiwi living in Australia) are looking at applying for the UK UNMARRIED PARTNER VISA.

Our background is that I entered the UK on April 25th 2015 on a Tier 5 Youth Mobility Visa which lasts two years.

Within the month I met my boyfriend and from get go were in a relationship.

4 months later I moved in with him in August.

My visa ended a couple weeks ago on the 25th April 2017. After much debate on whether to apply for the visa although we haven’t lived together for two years we decided to be safe and I leave the country and not overstay.

I am now living in Australia. My partner in the UK with intention for me to enter back in to the country on the partner visa

Can we apply for this visa if:

We are not living together at present?

If we apply at the two year mark of living together (August) that would mean that we would have been apart and not living together for 4-5 months? Will that affect the application?



There is a clause within the visa criteria that states that you can live a part for six months if you have good reason / evidence why…. do you think this could apply to our case?



or could we apply for the visa now even though we are 4 months short of living together for two years?


Realistically what is the best option?
 

·
Super Moderator
Joined
·
18,017 Posts
My UK boyfriend and myself (kiwi living in Australia) are looking at applying for the UK UNMARRIED PARTNER VISA.

Our background is that I entered the UK on April 25th 2015 on a Tier 5 Youth Mobility Visa which lasts two years.

Within the month I met my boyfriend and from get go were in a relationship.

4 months later I moved in with him in August.

My visa ended a couple weeks ago on the 25th April 2017. After much debate on whether to apply for the visa although we haven’t lived together for two years we decided to be safe and I leave the country and not overstay.

I am now living in Australia. My partner in the UK with intention for me to enter back in to the country on the partner visa

Can we apply for this visa if:

We are not living together at present?

If we apply at the two year mark of living together (August) that would mean that we would have been apart and not living together for 4-5 months? Will that affect the application?
You need to live together continuously for 2 years. Waiting 4-5 months doesn't change the fact that you haven't lived together for 2 continuous years. As you are 4-5 months short of that your chances of being approved are pretty close to zero.

There is a clause within the visa criteria that states that you can live a part for six months if you have good reason / evidence why…. do you think this could apply to our case?
Because your visa ended is not a good reason. A good reason would be that one of you had to move for a job and the other couldn't follow because of their own job commitments.

or could we apply for the visa now even though we are 4 months short of living together for two years?

We have seen applicants be refused for being short by a week, again your chances of success are close to zero.

Realistically what is the best option?
Marriage or can he qualify for an Australian visa so you could live together there?
 

·
Registered
Joined
·
5,219 Posts
Up to 6 months apart is allowed for reasons such as family illness or work commitments where it was impossible for one partner to join the other, AND you must show that you maintained your marriage-esque relationship in spite of the separation.

In your case, your 4 month cohabitation deficiency is because you weren't actually in a relationship akin to marriage, not because you were forced to separate. So this is not a temporary lapse in cohabitation between two partners who have maintained a committed, cohabitating relationship spanning at least two years, but rather that you don't meet the requirement as written.

I agree that getting married or finding a way for him to come to you in Australia would be a more sure way to stay together. Also, if you have any UK-born grandparents, then you can qualify for an Ancestry Visa which is arguably even better. It's up to you if you want to try for the unmarried partner visa, but I think an unmarried partner visa is going to be a waste of money when there are obvious grounds for refusal.
 
1 - 3 of 3 Posts
Status
Not open for further replies.
Top