Rules For Visa (unmarried Partner) Visa

[twix38]

I am told their is a visa thatr can be applied for (unmarried partner visa) on the basis of a long term relationship where both parties have lived together for 2 years.

Does anyone have more information about the rules and requirements on this visa?

Specifically, how you prove the 2 year living together and does this need to be continuous or can it be a cumulative 2 years over a longer period?

Is it the best option bearing in mind that my gf has been to England once already on a settlement visa, although we did not get married and she returned to Thailand within the 6 months granted? We have been together for 4 years and spend about 18 months of it together in total in both Thailand, and including the 6 months in England.

Many thanks

[the scouser]

Here are the criteria which have to be met as per the Immigration Rules:-

295A. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement, are that:

(i) (a) the applicant is the unmarried or same-sex partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement and the parties have been living together in a relationship akin to marriage which has subsisted for two years or more; or

((i) the applicant is the unmarried or same-sex partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties have been living together outside the United Kingdom in a relationship akin to marriage which has subsisted for 4 years or more; and

((ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and

(iii) the parties are not involved in a consanguineous relationship with one another; and

(iv) DELETED

(v) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(vi) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vii) the parties intend to live together permanently; and

(viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

Chapter 13.4 of the Diplomatic Service Procedures gives guidance on how the Immigration Rules are to be interpreted. In particular, notice should be taken of the paragraph:-

"Living together", should be applied fairly tightly, in that we would expect a couple to show evidence of cohabitation in the preceding 2 year period. Periods apart would be acceptable for good reasons, such as work commitments, or looking after a relative which takes one partner away for up to 6 months where it was not possible for the other partner to accompany and it can be seen that the relationship continued throughout that period by visits, letters etc. Where a couple have been living together for the preceding 2-year period but have been dividing their time between countries and may, for example, have used the "visitor" category, then this will be sufficient to meet the requirement.

which indicates that the parties to the partnership have to have been living together for the 2 years immediately preceding the application. Also note that the relationship has to be "akin to marriage". The visa officer would expect to see documentary evidence that you and your partner have, for example, a house together (either rented or mortgaged), possibly joint bank accounts, that you are both responsible for the costs of running a household etc. The rules are quite stringently interpreted.

Scouse.

[twix38]

Thanks Scouser,

I think we are counted out for this one then.

I am leaning towards a tourist visa. We have already had a settlement visa, but did not marry. We are still not married, but I would like to apply for another visa for my gf to visit Engalnd for about 6 weeks.

She has a job here in Thailand and could get a letter from her employer confirming the job and that it would be kept open for her to retur to after 6 weeks in England.

What would be our best and mosr successfull visa to apply for and what conditions or facts must we meet or be carefull of.

Many thansks

[the scouser]

If a visit is intended, then apply for a visit visa. You should write a covering letter in which you address the reasons why you didn't marry and your girlfriend settle in the U.K. when she had her fiancée visa. You will also need to demonstrate that you have sufficient funds and accommodation as well as providing the letter from your girlfriend's employer and evidence of contact when apart.

Scouse.

[twix38]

visit visa being a simple tourist visa? i.e. visit and tourist visa is the same thing, just for me to be sure?

Many thanks Scouse and that's what we will do.

[the scouser]

visit visa being a simple tourist visa?

Spot on.

Scouse.