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Discussion Starter · #1 ·
Hi,

Me and my partner are looking at applying for the unmarried partner visa and after speaking to a solicitors (free phone consultation) and a call to the uk immigration helpline we were feeling confident, however after reading through a few of the threads here i no longer do and was hoping for some feedback.

I'm British and shes from New Zealand, we met in the first week of her 2 year tier 5 visa here and have been together since but only started living together after about 7 months.
she had to leave after the 2 years so we were only ever living together for around 16 months. i have been through the requirements and i feel we meet everything else so was wondering if this one point will go against us?


Thanks in advance

David
 

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Based on the number of applications I've seen rejected in this circumstance, I would say you do not qualify.

A lot of this is subjective, and will depend on the opinion of the officer reviewing your case. In some instances, gaps in the 2 years are excusable if the couple can demonstrate that there were circumstances during which they had to be parted (major health or family issues) but 16 vs 24 months just doesn't come close, especially since her visa expired. Consider that the two year minimum living together is deliberately in place so that visitors on shorter-term visas are not easily able to stay.
 

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Discussion Starter · #4 ·
Thanks for the responses.
I was worried that might be the case but after speaking to the immigration helpline thought it might not be the deciding factor.
I'm glad I asked now.

Are there any other routes availble to us?
Marriage is something we have talked about but i don't wan the reason we do it to be so she can come to the uk

Thanks again

David
 

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Thanks for the responses.
I was worried that might be the case but after speaking to the immigration helpline thought it might not be the deciding factor.
I'm glad I asked now.

Are there any other routes availble to us?
Marriage is something we have talked about but i don't wan the reason we do it to be so she can come to the uk

Thanks again

David
Does she have any grandparents who have British citizenship?

Could you relocate to NZ to meet the cohabitation requirements for the UK visa?
 

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Discussion Starter · #6 ·
no she doesn't have any British relatives.

ideally we would like to get her here due to my job and her circumstances at home.
I'm not against the idea of moving to Australia (she lives with her family there atm) but we would like to explore all options for the UK first
 

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If you don't wish to marry her options are limited. If her job isn't on the shortage occupation list her chances of finding an employer to sponsor her for a Tier 2 visa are slim. An employer must 1st prove that there is no one who doesn't need to be sponsored who can do the job. Unless she is some kind of superstar in her field, it's unlikely.

If she gets accepted into a degree program she can apply for a Tier 4 student visa but it does not lead to settlement and she'll pay international student fees.
 
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