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Discussion Starter #1
Hi all,

I would appreciate some advice with regards to lodging an unmarried partner visa.

I have been living in the UK since Dec 2011, initially on the tier 5 visa, and since January 2014 on the Tier 2 General.

My partner is a British citizen and I am an Australian citizen. I met him in January 2012 and we became very good friends. In October 2012, we officially entered into an exclusive relationship. I was living with him from day one of becoming a couple, however, the first official evidence of cohabitation is from February 2013.

As we are in a same sex relationship and my partner is not out to his family, who live down the road, we could not make the living arrangement official instantly and we had to walk on eggshells. In addition, my partner owns his flat so my name was never on the lease or the utility bills. As his finances and his parents are somewhat interlinked, we also never set up a joint bank account out of fear that his parents would somehow find out.

We have a ton of proof that we have been in a legitimate relationship for more than two years, however, to prove that we have been living together for two years then we would need to wait until February 2015. We can produce as many witness statements as the Home Office would require, proof of travelling together, pictures, messages, etc.

As I have recently lost my job and there is a risk of not finding another job before 30 days of when I have to leave the country, I would like to find out if the Home Office would be lenient on the proof of cohabitation requirement being exactly two years.

All advice welcomed.

Thank you
 

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Unfortunately, there is little leeway on the requirement to have lived together in a relationship akin to marriage for at least 2 years and you need to have concrete proof that you actually live together with joint responsibilities like bills and bank accounts and other official post received at the same address. If you were 1-2 weeks short you would have a chance but 4-5 months is out of the question. Witness statements are subjective and won't be considered at all and things like trips together, photos together and messages to each other don't prove that you live together.
 

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Dear Nyclon

Many thanks for the quick response.

I just had a call with a solicitor who said that the Home Office would take into consideration things such as the fact that my partner's parents do not know that he is gay, they live down the road, and that we could get married if we wanted to resolve all this in a simple way but again because his parents do not know this option is not viable. She mentioned that witness statements will certainly be looked upon favorably whereby witnesses vouch that my partner and I have been living together for longer than the period we can prove through bills etc. She also mentioned that the fact that my partner is a doctor might be taken into consideration since it's a well regarded profession (not sure about this one).

Of course, a solicitor has the incentive to say that it is viable in order to make money. Having said this, she is a friend who has offered to run with the process for a heavily discounted fee in order to help.

Thanks
 

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Forum members have gotten a lot of bad and incorrect advice from solicitors and she's giving you a lot of incorrect information. As I said, witness statements mean nothing and your partner's profession will have zero impact. They can't be seen to be giving preferential treatment to someone because of their occupation. The Home Office is going to look at the application and see if you tick the boxes. The biggest box to tick is living together continuously for 2 years and being able to prove it. They have set out a list of requirements and they are looking for them to be met. There is very little room for discretion.
 
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