Unmarried partner UK visa/ EEA unmarried partner visa

[adrianboleh]

Hi,
I am non-EEA currently living in the UK under Tier 2 (ICT long term) visa. I am considering to apply for unmarried partner visa very soon.
My partner has dual citizenship, British and Italian, he has been living in the UK since he was born. We have been in relationship for about 2.5 years and just lived in together since half year ago.
Could you please provide some advise on the questions below:
1) which application should I go for: Unmarried partner visa (British partner) or EEA unmarried family permit (unmarried partner)?
2) what are the advantages to appoint a lawyer to put through the application?
3) Should I appoint a lawyer to act on my behalf or put though the application myself?

your advise is much much appreciated.
thank you!

[noajthan]

Hi,
I am non-EEA currently living in the UK under Tier 2 (ICT long term) visa. I am considering to apply for unmarried partner visa very soon.
My partner has dual citizenship, British and Italian, he has been living in the UK since he was born. We have been in relationship for about 2.5 years and just lived in together since half year ago.
Could you please provide some advise on the questions below:
1) which application should I go for: Unmarried partner visa (British partner) or EEA unmarried family permit (unmarried partner)?
2) what are the advantages to appoint a lawyer to put through the application?
3) Should I appoint a lawyer to act on my behalf or put though the application myself?

your advise is much much appreciated.
thank you!

1] I understand HO will consider your partner solely as a British citizen.

Ref European caseworker's guidance/instructions:
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- see page 47

EEA nationals who are also British citizens are not considered to be ‘EEA nationals’ for the purposes of the Immigration (European Economic Area) Regulations 2006 (‘the Regulations’) .

This applies whether or not the British citizen has always resided in the UK.

2] No experience - have always dealt with own applications.

3] You should be able to apply yourself if diligent & organised (& you have the time).

[noajthan]

Just a thought regarding your current Tier 2 visa.

I understand that Tier 2 is another path towards settled status in UK (ILR);
you may wish to consider how soon you could apply for ILR on that basis.

It may be that the clock is reset if you switch to another visa path so any 'time served' under Tier 2 is 'lost'.

[adrianboleh]

Hi noajthan,

Thank you very much for your advise.
I have heard the unmarried EEA partner visa is cheaper and less complicated compared to Unmarried british partner visa. I will take a look at the guidance link you attached.

On the Tier 2 (ICL long term visa), mine was issued in Feb 2011 of which from my understanding is not entitled to settlement. Hence I haven't been accumulating the time-served and it is better to switch to other visa as soon as possible.

[vinny]

As partner is British, they won't consider application under the EEA regulations, unless under 9.

Moreover, it's probably difficult to satisfy GEN 1.2(iv).

[adrianboleh]

Thanks both noajthan and vinny for the advise.
Having read though the guidance, family members (unmarried partner) of EEA nationals seems not an option for me.

[vinny]

Nor is Unmarried partner under the Immigration Rules.

[noajthan]

Nor is Unmarried partner under the Immigration Rules.

Ref. https://www.gov.uk/remain-in-uk-family/eligibility
- is this not from within UK immigration rules
(it's not EEA regulations)

[vinny]

Correct.

Moreover, it's probably difficult to satisfy GEN 1.2(iv).

Under the Immigration Rules, GEN 1.2(iv) also fails.

[adrianboleh]

Hi,
I am applying for an unmarried partner visa soon.
I have ACCA qualification (Association of Chartered Certified Accountants) and completed my study in Ireland.
Is it sufficient if I just submit the original certificate of completion to fulfill the requirement?
Thanks

[Wanderer]

You need to have proof of living together for 2 years for the UK unmarried partner visa.

[adrianboleh]

Hi,
I am applying for unmarried partner visa FLR(M), I am short on 2 years cohabitation (we have not been living together on same address for 2 years) but I would give a go as I believe I have a strong evidence to show at least 2 years akin to marriage relationship with my partner (British). furthermore I have a strong bond with my partner's son who have no longer contact with his another parent.
For the past 2.5 years, we are practically live like a family, celebrate Christmas/birthdays, holidays and going out as a family.
1) Am I on the right application form - FLR(M)?
2) should I mention explicitly in my application FLR(M) about Article 8 - the right of private and family life?

Please help/advise... also please let me know if you have any other tips/better options for me.

Many thanks.. appreciated.

[CR001]

I am short on 2 years cohabitation (we have not been living together on same address for 2 years)

So for how long have you been living together.

should I mention explicitly in my application FLR(M) about Article 8 - the right of private and family life?

Tough one as you are not married and the child is not your child.

What is your current visa status in the UK?

[geriatrix]

Topics merged.
Please keep your queries regarding your FLR(M)/Article8 application under a single topic.

[Casa]

Hi,
I am applying for unmarried partner visa FLR(M), I am short on 2 years cohabitation (we have not been living together on same address for 2 years) but I would give a go as I believe I have a strong evidence to show at least 2 years akin to marriage relationship with my partner (British). furthermore I have a strong bond with my partner's son who have no longer contact with his another parent.
For the past 2.5 years, we are practically live like a family, celebrate Christmas/birthdays, holidays and going out as a family.
1) Am I on the right application form - FLR(M)?
2) should I mention explicitly in my application FLR(M) about Article 8 - the right of private and family life?

Please help/advise... also please let me know if you have any other tips/better options for me.

Many thanks.. appreciated.

This is from the Immigration Rules - Unmarried Partner evidence required:
The applicant must provide six pieces of correspondence addressed to him / her and their partner at the same address as evidence that they have been living together during the past 2 years. The items of correspondence should be addressed to them jointly or in both their names. If they do not have enough items in their joint names, they may also provide items addressed to each of other individually if they show the same address for both of them. The documents provided must be originals and should be spread over the whole 2 years; they should also be from at least 3 different sources. Examples of what documentation the applicant could provide are listed below:

Joint commitments, (such as joint bank accounts, investments, rent agreements, mortgage, life insurance policy naming the other partner as beneficiary etc);
Birth certificates or records of any children of the relationship, showing both partners as parents;
Any official correspondence linking both partners to the same address, for example Council Tax, utility bills, Doctors records;
Any other evidence that adequately demonstrates the couple’s long-term commitment to each other.

[adrianboleh]

Hi CR001, we have been living together for 5-6 months (shared address), previously I kept my rental flat even though I was staying with my partner 90% of the time, weekends, bank hols, festive seasons and most of the weekdays.

my current visa Tier 2 ICT

thanks

[Casa]

5-6 months is no way near enough to qualify. The 2 year co-habitation under UK regulations is mandatory for an Unmarried Partner visa...as per the guidance for evidence in my previous post.

[adrianboleh]

Hello

Thanks for your replies - I know what I have to provide for the unmarried partner route and what I need to demonstrate for Article 8.
I don't need any advice on whether my route is appropriate, just around setting out the grounds for my application.
My question is relatively simple:

I have set out within the application, the covering letter and it is demonstrated in the evidence that I have a right to family life but do I:

A) Allude to the right to family life but not be specific about article 8 but setting out the points.

or

B) Specifically set out my application is in part in relation to Article 8 etc.

Thanks

[Casa]

So are you intending to apply for an Unmarried Partner visa - FLR(M) or are you going to submit an application under the right to family life - FLR(FP)?

[adrianboleh]

Unmarried Partner visa - FLR(M) seems to be the best option available. should I explicitly mention about article 8 in the application as well? as that is one of the reason of the application.

right to family life - FLR(FP) on 5 or 10 year route, I am not eligible for.

[CR001]

Unmarried Partner Visa is bound to fail because you cannot prove with documentary evidence that you have been living together for 2 years in a relationship 'akin to marriage'. It is a mandatory requirement to prove 2 years cohabitation.

Right to family/private life and Article 8 is a route that has been so abused by many people in recent years. I would personally think very carefully before doing it.

As you have a valid visa, why can't you stay on your current visa till you meet the requirements for the unmarried partner visa or if the relationship is serious, why can't you get married and then apply for FLR(M) where the 2 years cohabitation is not a requirement?

You will also have to pay the IHS Surcharge of £500 on top of the FLR(M) visa fee. On Tier 2 ICT, you are exempt from paying this surcharge.

[Casa]

FLR(M) as an unmarried partner will fail and article 8 will only be considered under Discretionary Leave, outside of the Immigration Rules.

[CR001]

article 8 will only be considered under Discretionary Leave, outside of the Immigration Rules.

Even if the OP has a valid visa to live and work in the UK and it is a boyfriend/girlfriend situation rather than marriage and the child in question is not the OPs child?

[Casa]

Ah CR001, I'm not suggesting the application for Discretionary Leave under article 8 would be successful.
This is from the UKVI guidance which no doubt the OP has read: (in this case 'the requirements of the Immigration Rules' would be the conditions for a UPV FLR(M) application)
If the applicant does not meet the requirements of the Immigration Rules, the decision maker must move on to a second stage and consider whether, considering all the factors raised by the application, there are exceptional circumstances which mean refusal of the application would result in unjustifiably harsh consequences for the applicant or their family such that refusal would not be proportionate under Article 8. If there are exceptional circumstances, leave outside the Rules should be granted. If not, the application should be refused.

[CR001]

Fair enough, thanks Casa.

I still think it is a 'grasping at staws' situation though when the OP knowingly does not meet the UPV mandatory requirements. I would carry on with Tier 2 ICT for now if I was the OP.

My sister-in-law was refused her initial UPV a few years ago even after cohabiting with my brother for 10 years and they owned a property jointly etc. Their appeal took over a year!! I simply wouldn't take a chance if the requirements are not met.