Do We Qualify To Apply For Umarried Or Same Sex Partner Visa For Uk

[agsnowdon]

Hi Everyone,

It's been a while since I last posted on here!

A quick bit of background before I ask a few questions...

I meet my same sex partner in 2003 and we stayed together for around 4 months.

I came back to UK and went back to Thaliand in 2004 for 4 months.

I then came back to the UK again and went back to Thailaind in 2005 for 10 months.

In 2006 we applied for a 6 month Visitor Visa and was granted but before my partner came I decided to buy a house so we never used the visa.

We applied fo a second VV in Feb 2007 this was granted and my partner came to stay with me in my new home for 6 months.

We applied for a third VV in December 2008 and my partner returned for a futher 6 months and this VV will expire in May 2009.

After reading the below from http://www.ukvisas.gov.uk/en/howtoapply/in...dswivespartners

see my comments please...

How do I qualify to join my unmarried or same-sex partner in the UK?

You and your unmarried or same-sex partner must show that:

* any previous marriage, civil partnership or similar relationship, has permanently broken down - N/A

* you have been living together in a relationship similar to marriage or civil partnership for two years or more - not actually living together but our relationship is 6 years strong.

* you have suitable accommodation which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds - YES

* you can support yourselves and any dependants without any help from public funds - YES

* you intend to live together permanently - YES

* your partner is not under 21, and - NO

* you are not under 21. - NO

The Entry Clearance Officer will need to see evidence of a two-year relationship. This may include:

* documents showing joint commitments, such as bank accounts, investments, rent agreements or mortgages, and

* letters linking you to the same address, and official records (such as a gas or electricity bill or proof of your rent or mortgage arrangements) of your address

I know there is a civil partnership route, but we dont really want to do thatl.

My question is can we apply for and an unmarried settlement visa???

Hope you can help.

Khap Khun Mar Kap

[CharlieB]

I know there is a civil partnership route, but we dont really want to do thatl.

My question is can we apply for and an unmarried settlement visa???

As I understand it, you have not lived together in a partnership akin to marriage for 4 years, which disqualifies you from the unmarried partner route.

BIA Website, unmarried partnership visa

See section 295A ( B )(i)

Your only route would be the civil partnership one that you mentioned.

Edited April 25, 2009 by CharlieB

[agsnowdon]

I know there is a civil partnership route, but we dont really want to do thatl.

My question is can we apply for and an unmarried settlement visa???

As I understand it, you have not lived together in a partnership akin to marriage for 4 years, which disqualifies you from the unmarried partner route.

BIA Website, unmarried partnership visa

See section 295A ( B )(i)

Your only route would be the civil partnership one that you mentioned.

But then in section (i) (a) it says about 2 years...

(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 or civil partnership which has subsisted for two years or more; or

A bit confusing can you or anybody shed anylight on that? Are we still not able to apply as we havent lived in the same house together for 2 constant years?

I dont think ((i) applies to me as I have been a UK resident from birth. see this sentence from the web page you supplied.

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

Thanks for help so far.

Ash

[CharlieB]

I know there is a civil partnership route, but we dont really want to do thatl.

My question is can we apply for and an unmarried settlement visa???

As I understand it, you have not lived together in a partnership akin to marriage for 4 years, which disqualifies you from the unmarried partner route.

BIA Website, unmarried partnership visa

See section 295A ( B )(i)

Your only route would be the civil partnership one that you mentioned.

But then in section (i) (a) it says about 2 years...

(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 or civil partnership which has subsisted for two years or more; or

A bit confusing can you or anybody shed anylight on that? Are we still not able to apply as we havent lived in the same house together for 2 constant years?

I dont think ((i) applies to me as I have been a UK resident from birth. see this sentence from the web page you supplied.

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

Thanks for help so far.

Ash

Yes, it's a) 1, but that is besides the point, you have not lived together in a relationship akin to marriage for a long enough period. You do not qualify for this visa. The nearest you came was 10 months. You can't total all the time you have spent together over a 7 year period. You would have to have been living together in one place since the beginning of 2007. You would need to provide letters/bills/tenancy agreement etc. for that period with both of your names on them as proof that you have lived together as a couple.

You probably have enough proof of contact/relationship (distant) for a successful civil partnership application, but as you have not lived for the last 2 years with him in Thailand then you can't get the unmarried partner visa.

Edited April 26, 2009 by CharlieB

[agsnowdon]

Just a quick thank you.

"Thanks Charlie for your replies!"

[samtam]

Why don't you ring up the Home Office (if you're in UK), or the Embassy/Consulate (if you're not), and ask them? They are usually very helpful in these matters. Before the CP came into force we applied for a same sex visa and (although we had lived together for 15 years) were able to show photographs of us together for that period, plus letters from 15 or so friends, and bills at the same address etc. But the consulate, (in Hong Kong) was extremely helpful.

You state: The Entry Clearance Officer will need to see evidence of a two-year relationship. This may include:

* documents showing joint commitments, such as bank accounts, investments, rent agreements or mortgages, and

* letters linking you to the same address, and official records (such as a gas or electricity bill or proof of your rent or mortgage arrangements) of your address

"may include" is the key.

You have nothing to fear by asking.

Edited May 6, 2009 by samtam

[7by7]

From what the OP says, I would say that obtaining a prospective civil partnership visa should be a formality; they obviously qualify.

However they equally do not qualify for an unmarried partners visa as they clearly fail the basic requirement of having lived together in a relationship akin to marriage for at least the last two years.

[CharlieB]

Just a quick thank you.

"Thanks Charlie for your replies!"

No problem. Good luck with your application.

[thaitrader]

it was my understanding that provided the 2 individuals have 'lived' not 'lived with' their partner for more than 2 years akin to a marriage then this was sufficient and I believe the guidelines actually state absences of up to 6 months are permitted and that travelling to and from each others country on visitor visors will count towards the 2 years provided always they were living in a relationship akin to a marriage - after all even married people can often be apart for work etc.

[7by7]

Immigration Rules

Para 295A(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 or civil partnership which has subsisted for two years or more

(my emphasis)

Obviously, periods apart during this time are permitted, but from what the OP says it appears that he has been living in the UK whilst his partner has been living in Thailand.