going from youth mobiiity to unmarried partner (of 4 years)

[muffinman]

Hi,
I have a couple of questions about applying for UK visa. I'm an Australian resident and have been living with my British girlfriend for four years in various countries around the world (we work in international development). We did a year in the UK (2010/11) and during that time I worked on a Youth Mobility Scheme visa which is due to expire next month. I set up a limited UK company and did contract work. I have a UK bank account with >£10k in it now.

Now that my visa is expiring I want to apply for an unmarried partner visa but have a couple possible problems. We don't actually live in the UK at the moment, we both live together in Africa. However, I'd still like to get the visa as soon as possible as I have ongoing contracts in the UK that I will need to go back to complete.

Can I get an unmarried partner visa even though we aren't actually living there right now?

Will it be a great disadvantage to apply after my current visa has expired?

Do you think there is a better option? like maybe Tier 1 Entrepreneur?

Thanks for the help!

[Lucapooka]

You can apply from anywhere in the world. You will need a verifiable paper-trail of official instruments in your joint or individual names to a common address, spanning a period of two years. Your British partner will also require an income stream of 18,6K or more. Or substantial savings in lieu of this.

For Tier 1 (Ent) you will need 200K

[muffinman]

thanks for the fast reply.

We have records of common address in all the countries we have lived in the past 4 years including in London. Both of us can verfiy we earn greater than £18.6k however not from UK sources at the moment. Combined savings currently >£20k.

I guess my fear is that there is a part that says we must intend to reside in the UK. We do intend to at some point, but at least for the next 12 months we will mostly be in Africa with regular trips to the UK to complete contracts.

thanks for the help

[Lucapooka]

Your past income is fine, but without your sponsoring partner (you, the applicant, don't count in this capacity) having a confirmed income stream from employment to start on arrival in the UK at 18.6K, the visa will not be granted. In which case you will need 62,500 in savings.

[muffinman]

ok thanks. Actually her current income is coming from a employer in The Republic of Ireland - do you know if that will count?

[Lucapooka]

If this is going to continue on her arrival in the UK, is it salaried employment that will pay tax to HMRC or will it be self-employment income that she declares to HMRC?

[muffinman]

her work is salary employment, ongoing and >18.6k .... mine is freelance through my own limited companies in UK and Australia. But my UK one on its own doens't reach 18.6k

[Lucapooka]

You don't count wrt income as you are not applying inside the UK. If her income will continue then she will meet the financial requirements. It's just a matter of deciding which category.

[muffinman]

ok thanks for your help.

last question... as my current youth mobility visa is still valid, would I be at a great advantage to apply from within the UK while it is still valid? or the same as applying from outside UK?

thanks

[asim72]

[quote="Lucapooka"]You can apply from anywhere in the world. You will need a verifiable paper-trail of official instruments in your joint or individual names to a common address, spanning a period of two years. Your British partner will also require an income stream of 18,6K or more. Or substantial savings in lieu of this.

For Tier 1 (Ent) you will need 200K[/quo