Looking for options, South Korean, born and raised in Japan

[TerumiDave]

Hi everyone,

hopefully this is in the right category, if not, please accept my apologies.

pertaining to UK immigration.

I'm writing here to try and collect some information, I've been to the government website and had a look, but I keep going in circles and I'm not sure what to do. My Girlfriend is South Korean on her passport, born and raised in Japan, her English skills are not great, and the relationship started just before Covid hit. She came over on her holiday visa, and has been here for 2 months, that will max out at 6 months. She is not rich by any stretch of the imagination, we are not married, and it's not really in our plans just yet.

As far as I can tell, to get a spouse visa, you need to have lived together for 2 years before that is granted, but that's not possible without her staying for 2 years, it sounds like a catch 22 situation to me, she can't stay for long, without having stayed for long.... I guess I don't understand the website properly just yet.

To be fair, all we really need is the right for her to live and work in the UK, and I don't think I understand the options, perhaps there are other visas that are more simple and have less demands than the partner visa. I really could do with some helpful suggestions here, just about anything will be considered, if you know of a good route she could use to stay here, please point me in the right direction, thanks!

[CR001]

The 2 years living together is for an unmarried partner visa. If you are married,it is not a requirement.

She also cannot switch to any other visa while in the UK as a visitor. Whatever residence visa she applies for,has to be done in her home country or any country she has legal residence in, ie not as a tourist.

[TerumiDave]

Thanks for the reply

So, it'd be better for her to leave, and then get another visa and return using that.

Ok, so as we aren't looking at marriage just yet, she could conceivably come on a working visa for a while at least. How difficult is the unmarried partner visa to get? As I mentioned, getting married isn't what we're after just yet, but how to get the 2 years together proved looks to be about having mail sent to the address you both live in from officially sanctioned sources.

I fail to see how that is supposed to be possible without her having gained the permission to stay by some other means. Am I reading the gov website and understanding its meaning correctly?

[CR001]

she could conceivably come on a working visa for a while at least.

Not so easy to get a work permit either and it also depends on what her qualification and skills are. She also needs to meet the English requirement for a work visa. If she doesn't have the financial means, then a student visa is also unlikely.

How difficult is the unmarried partner visa to get?

It will be refused if you don't have substantial documentary evidence of a relationship akin to marriage. This is mandatory and there is no discretion to disregard this.

Most who apply for the unmarried partner visa apply when both partner have lived abroad or when they have lived in the UK while one partner was on another visa (not a visitor visa).

She could try the youth mobility visa ballot for South Koreans. It is a two year visa. She would need to meet all the requirements including funds to support herself.

https://www.gov.uk/youth-mobility/eligibility

[TerumiDave]

My girlfriend thinks that our messaging on an app for the past 2+1/2 years would count as substantial documentation for the partner visa, I think I read that what they are after is more in the realms of tax bills and utility bills in a joint name to the same address, could she be right? It's mostly us saying good morning and good night to each other because of the time difference, but it exists.

Exploring for a moment the idea of living together abroad for 2 years, I'd have to get a work visa for Japan I think (I have no idea how difficult that would be). I don't know how eligible any documentation in Japanese would be for visa applications over here. I believe I read that the 2 years doesn't have to be continuous, although it seems strange to me, that might make it a little easier to achieve. Am I right to think that or could I be mistaken?

[CR001]

My girlfriend thinks that our messaging on an app for the past 2+1/2 years would count as substantial documentation for the partner visa

No it does not.

I think I read that what they are after is more in the realms of tax bills and utility bills in a joint name to the same address, could she be right?

She is not correct. UKVI will expect to see substantial evidence of joint financial commitments, such as tenancy agreements, utilities bills, bank accounts etc etc. as if you were a married couple.

It's mostly us saying good morning and good night to each other because of the time difference, but it exists.

All this proves is you are boyfriend and girlfriend, it does not prove a 'relationship akin to marriage'.

Exploring for a moment the idea of living together abroad for 2 years, I'd have to get a work visa for Japan I think (I have no idea how difficult that would be). I don't know how eligible any documentation in Japanese would be for visa applications over here. I believe I read that the 2 years doesn't have to be continuous, although it seems strange to me, that might make it a little easier to achieve. Am I right to think that or could I be mistaken?

You need two years continuous evidence. Any evidence in a foreign language has to be officially translated to English.

Alternatively, she can look at getting in on the ballot for a Youth Mobility visa as I have already advised. She will have to apply for this from a country she has residence in, ie. not as a visitor and as she is South Korean, she needs to apply under the South Korean ballot and not the Japan one.