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Unmarried Partner Visa Approved - Rules on leaving the UK?

1.6K views 7 replies 4 participants last post by  nyclon  
#1 ·
Hi all,

My Aussie boyfriend returned to the UK in early September on his unmarried partner visa. We'd lived together for 2 years previously - split between London and Sydney - before I returned to the UK to work for 6 months so that we would be eligible for the visa.

We are back living together in London (madly filing away all documents for when we come to apply for FLR!) but have a few questions about what he is/isn't allowed to do in regards to leaving the UK.

We both have the travelling bug and are getting seriously itchy feet. However, I have it in my head that he can only be out of the country for 3 months out of 12 - am I correct on this?

I am also aware that in the eyes of UKVI travelling together doesn't count as co-cohabiting and as such if we were to leave the UK to travel I guess we'd have to keep our lease going so that we had continuous lease agreements etc? Obviously this is a massive cost that we'd have to think about.

What would be the case if we were to live in a European country for say 6 months? If we had a tenancy agreement in place would that add some weight or could we utilise the Surinder Singh route to then come back to the UK permanently?

I've spent so much time on this forum investigating how to get his visa that I have little knowledge of what we can actually do with it!

I guess we are both just feeling a little bit trapped that for essentially the next 5 years, until he gets residency, we won't be able to leave the UK for a significant period of time.

We are both 25 and have huge desires to travel the world. I am a loss as to what to do if we have to wait 5 years to fulfill our dreams because of a visa process.

Any advice would be really welcomed :)

Thanks!
 
#2 ·
Others will hopefully chime in on your core questions but just wanted to point out that you are still somewhat trapped even if you get indefinite leave to remain (if that's what you mean by residency) - if it seems you are no longer residing in the country the ILR can be cancelled. If you get citizenship I think you are safer.
 
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#3 · (Edited)
If you were to get married, the need for proof of two years cohabitation to document the relationship would go away. Naturalisation would also be able to happen one year earlier, right after ILR has been granted if you are married. Without the marriage certificate, he would need to have at least 12 months on ILR before he could apply.

ILR will be cancelled if he is non-resident for two years, however if you are married and have been present in the UK sufficiently in the time leading up to ILR, he can apply for naturalisation straight away. Once your boyfriend (husband?) has his UK passport, you would be totally free to roam or live abroad for long or even indefinite periods.

I don't see why a tenancy agreement in Europe wouldn't count, but your application could get quite complex, particularly with additional foreign banks and wage slips, all of which would require translation. So you should think about the timing of any adventures in relation to visa renewals.

The rules for maximum time allowed spent outside the UK in order to qualify for naturalisation are here: https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply
 
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#4 ·
The point of your partner's visa is to live with you in the UK. There is no limit to how much time you can spend outside of the UK on an unmarried partner visa but as pointed out there are limits for naturalisation-no more that 270 days in the 3 years immediately preceding application and no more that 90 of those days in the 12 months previous. However, excessive time outside of the UK that isn't job related or compassionate will raise questions. Even of you keep your lease they are going to know by your passports that you weren't in the UK.



Getting married isn't going to preclude you from proving that you live together. In fact for FLR (M) you're going to have to prove that you've lived together for the previous 2 1/2 years whether you are married or unmarried partners.
 
#5 ·
Hi all,

Thanks for getting back!

It's not a massive issue now - we are just enjoying having him back :) - but it is slightly frustrating to see friends of ours going off to do ski seasons in Canada, taking gap years to travel the world etc and knowing that if we do something like that right now it will probably mess up our options for the future.

I guess it's just something we are going to have to deal with. Crossing every bridge when we come to it, or something like that anyway!

Thanks again.
 
#6 ·
Afternoon all,

I just wanted to quickly follow up on this and pick your brains on this grey Friday afternoon!

Looking ahead to 5+ years down the line, if Mitch were to become a UK citizen what then happens in regards to his Australian citizenship? Does he have to revoke that or would he be a dual citizen?

If/when we have children, what would be their options in regards to living in Australia further down the line if Mitch becomes a UK citizen? Will they have any rights in Australia?

Just trying to figure everything out - it's quite disheartening feeling this trapped when you're a nomad at heart!

Thanks,

Georgina
 
#7 ·
AFAIK both Aus and the UK recognise dual citizenship. If so you are lucky as not all countries do.
 
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#8 ·
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