Unmarried Partner Visa

[flossy23]

My partner has recently been given HSMP approval and we are just about to apply for entry clearance (unmarried partner visa) from Australia. Can anyone share any advice or examples of documentation provided that will help our case? We have been together for 4 years, however have not kept all information throughout the relationship, so need as much as help as we can get in terms of whats good information.
Also does anyone know how long this type of visa takes to be approved? I've read 5-10 days or upto 3 months. We intend to travel in January 2008. Thanks

[vinny]

See also 13.14 - Unmarried (i.e. opposite sex) and same-sex partners and how they qualify.

[flossy23]

Thanks for your response - I am more asking for people's experiences in what type of information it was they supplied to help them get the visa - also we have been together for about 4.5 years, am i entitled to the IDL visa (indefinite leave to remain)?

Thanks

[Wanderer]

You can't apply for UPV as an HSMP dependent, married couples and children under 18 only I'm afraid.

[sakura]

Thanks for your response - I am more asking for people's experiences in what type of information it was they supplied to help them get the visa - also we have been together for about 4.5 years, am i entitled to the IDL visa (indefinite leave to remain)?

Thanks

Err..I assume neither of you (yourself or your partner) are British citizens?

If you are not BCs, then you would not get ILR (Indefinite Leave to Remain; not IDL) because your partner isn't even a citizen or permanent resident of the UK. You only obtain ILR (actually, it would be ILE! Indefinite leave to enter) if you've lived/been married outside the UK for 4 years before entering the UK AND your partner is a British Citizen/settled in the UK. Since your partner is an HSMP visa holder (...and a new one at that, having not even stepped foot into the UK) and not a British citizen or ILR holder, you obviously don't qualify for ILR/ILE or any other such stamp. So that's out of the equation.

I'm not 100% sure about the unmarried partner visa (UPV) for HSMP holders. The UPV is for British citizens/ILR holders and their non-EEA partners. If your partner is not one of these, the UPV is not for you. I'm thinking you need to look at the requirements for dependent's visa for HSMP holders. Not sure if non-married partners count, but I think they do, but at the onus of the BIA to grant you the visa? i.e. not a rule as it is with married couples? Not 100% sure on this though.

[Docterror]

HSMP and other WP visa/Entry Clearance holders can also apply for the Unmarried Partners Visa if they can show 2 years of prior co-habitation.

[Wanderer]

HSMP and other WP visa/Entry Clearance holders can also apply for the Unmarried Partners Visa if they can show 2 years of prior co-habitation.

You sure Doc?

I have the UPV form and guidance notes in from of me, actiually FLR(M) and form says u must be spouse/unmarried partner etc of a person 'present and settled' in the UK, which to me means ILR/BC.

I could be wrong tho! I often am!

[sakura]

HSMP and other WP visa/Entry Clearance holders can also apply for the Unmarried Partners Visa if they can show 2 years of prior co-habitation.

...If their partner is a BC/permanent resident. This is not the case with the OP (who is not an EEA citizen from the look of her posts). Unmarried partners of an HSMP holder can apply for a dependents visa, but certainly not the UPV, which is specifically for people present and settled in the UK, like Wanderer states. I just checked a whole lot of websites, including the UKVISAS website, before posting my first post, and it clearly states it is for BCs and permanent residents.

[Docterror]

I have the UPV form and guidance notes in from of me, actiually FLR(M) and form says u must be spouse/unmarried partner etc of a person 'present and settled' in the UK, which to me means ILR/BC.

...If their partner is a BC/permanent resident. This is not the case with the OP (who is not an EEA citizen from the look of her posts). Unmarried partners of an HSMP holder can apply for a dependents visa, but certainly not the UPV, which is specifically for people present and settled in the UK, like Wanderer states. I just checked a whole lot of websites, including the UKVISAS website, before posting my first post, and it clearly states it is for BCs and permanent residents.

I am sorry guys, but holders of Limited leave to enter of which WP/HSMP category visas is one, can bring their partner along with them if they coming over and can apply for the extending their visas as well even if they are unmarried. Of course, it will be a dependant visa, but a dependant visa for the unmarried people- almost the same thing in principle, but with varying duration and the same strings attached as the spouse visa for the WP holders.

Please have a look at 295J of the immigration rules about the law pertaining to the UPV for partners of Limited leave to enter or remain. Mind you, in this case, just like in the case of a dependant visa, the application form that should be used is the VAF-1 and not the VAF-2.

And for further extensions to the UPV for partners of holders of Limiter leave to remain, the form to use is the FLR(IED) and not the FLR(M). Sorry Wanderer, you have staring at the wrong form!

[Wanderer]

And for further extensions to the UPV for partners of holders of Limiter leave to remain, the form to use is the FLR(IED) and not the FLR(M). Sorry Wanderer, you have staring at the wrong form!

S'ok Doc, I had the form ready for my own purposes!

[sakura]

I have the UPV form and guidance notes in from of me, actiually FLR(M) and form says u must be spouse/unmarried partner etc of a person 'present and settled' in the UK, which to me means ILR/BC.

...If their partner is a BC/permanent resident. This is not the case with the OP (who is not an EEA citizen from the look of her posts). Unmarried partners of an HSMP holder can apply for a dependents visa, but certainly not the UPV, which is specifically for people present and settled in the UK, like Wanderer states. I just checked a whole lot of websites, including the UKVISAS website, before posting my first post, and it clearly states it is for BCs and permanent residents.

I am sorry guys, but holders of Limited leave to enter of which WP/HSMP category visas is one, can bring their partner along with them if they coming over and can apply for the extending their visas as well even if they are unmarried. Of course, it will be a dependant visa, but a dependant visa for the unmarried people- almost the same thing in principle, but with varying duration and the same strings attached as the spouse visa for the WP holders.

Please have a look at 295J of the immigration rules about the law pertaining to the UPV for partners of Limited leave to enter or remain. Mind you, in this case, just like in the case of a dependant visa, the application form that should be used is the VAF-1 and not the VAF-2.

Ok, so is it termed a UPV or a dependent visa? I guess I don't get it They should explain better on the UKVISAS website (or I should 'dig deeper')!

Anyway, flossy23, you don't get ILR or ILE. I hope that at least that point is clear! You get a limited leave to enter visa valid for the duration of your partner's visa.

[Docterror]

so is it termed a UPV or a dependent visa?

No idea! Why don't we coin it the UPDV?

[Wanderer]

so is it termed a UPV or a dependent visa?

No idea! Why don't we coin it the UPDV?

I've read the links, and I admit I was wrong. There, that's the therapy over!

Mind u - none of us have answered the OP's original query, they don't think they have enough provable info.

I think the usual for UPV is 20 docs per annum spead over the period with as many in joint names as possible and all addressed to the joint address.

I dunno what would be required for a HSMP umnarrried dependant visa or how the case worker would deal with such an application. What if it's all in Taiwanese or sth? Does it need translating and notarising? I've no idea....

[Docterror]

The answer to the OP's question about what documents to submit, is as always, the same as pointed out several times before in this board.

It is 20 documents spread over the 2 years and a look at Note 6 in Section 9 of the SET(M) form will give the accurate picture. The documents required are the same for UPV applications as well. The link to SET(M) is http://www.ind.homeoffice.gov.uk/6353/11406/set(m).pdf

If the OP has Taiwanese utility bills Down Under, it could raise a few eyebrows!

[Wanderer]

If the OP has Taiwanese utility bills Down Under, it could raise a few eyebrows! :)

Aye but they will be in Australian! Will the caseworker understand the 'Dunny Charge' from the water co?!!!