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Switching from EEA unmarried partner visa to other visa?

Posted: Fri May 14, 2010 7:18 pm
by rastica
I am currently on a unmarried partnership visa with my European partner. We've been in the UK for almost five years, where the first two years I was on a holiday working visa then switched to an unmarried partnership visa in November 2007.

From what I understand, I would be eligible for Indefinite Leave to Remain from November of this year. However, things are on the rocks with us and I think we may split up.

I'm wondering what my options are for switching to other visas. I would be eligible for the Tier 1 Post Study work visa, and possibly the Tier 1 General visa with an MBA provisional arrangements points. However, I'd be really gutted to be so close to receiving ILR and not be able to get it if switching visas means the clock will be reset!

Does anyone have any insight into visas I can switch to that *wouldnt* reset the clock on my ILR? I will have been in the UK for five years in September and its frustrating already that my first two years don't count :(

Or any general advice on switching from EEA unmarried partnership to other kinds of visas - its causing me a lot of stress in addition to the potential breakup :(

Posted: Fri May 14, 2010 7:56 pm
by geriatrix
AIUI, changing from unmarried partner (spouse/dependent) visa to any other visa in your own right (e.g. - Tier 1 / Tier 2) will reset the (5yr.) ILR clock.

regards

Posted: Mon Mar 12, 2012 9:48 pm
by rastica
Hi there, I'm just looking at this again...

Does anyone know ANY visa category that I might switch into from EEA unmarried partnership, without having to leave the country?

I thought I might be able to switch into Tier 2 (General) but they don't let you switch from this visa category, so you have to leave and then apply (so could take several months).

I'm bitterly disappointed that unmarried partners don't have the same rights as married partners in being able to obtain rights of residence after break-up, I've been here legally & happily for nearly 7 years and make a good salary (i.e. highly skilled)... there must be some way that I can stay!

Posted: Mon Mar 12, 2012 10:23 pm
by Obie
If you lived as unmarried partner for 5 years, and you held a residence Card as such, then you should be able to seek PR. You may have a strong case under Article 8.