DrDewlap wrote:Thanks so much for your replies!
Casa: He works for TFL, which is what I meant by his company. As for being together, it's a collective over the 3 years we've been together. We've got proof of rent and bills, tickets, and customs parcels with my name on it going to his parent's address. We don't have a joint bank account, but I can get some copies of British Gas payments and council tax in my name. There's also chat logs from Skype, Facebook and the like. Does this mean we couldn't get the premium service?
In addition, what if we got married? Is it possible to just get married and go back home, and file a spousal visa? George is a UK born citizen.
You can't count time spent living apart for your 2 year qualifying period. The care worker would consider this to be a girlfriend/boyfriend relationship or at best as an engaged couple. An unmarried partner application comes under a great deal of scrutiny and requires 24 months of co-habitation 'akin to marriage', i,e living at the same address with shared responsibilities that one would expect to see with marriage couples. It doesn't matter how often you spoke to each other while apart, or how many gifts you sent each other...this won't qualify.
Technically, you could marry, although the Home Office frown on this when you've entered as a visitor. Also in order to marry here without the appropriate visa, you would have to give notice to marry in a Home Office designated Registry Office and recently tightened regulations require the Registrar to notify the Home Office when the marriage involves a foreign national. The Home Office can then if they choose, extend the notification period from 28 to 70 days and interview the couple before the marriage can take place. As you say your current visa is due to expire in September, this is unlikely to leave you with enough time to go through the mandatory registration process. In addition, even if you were able to marry here, you would have to return to your home country to apply for a spouse visa as you can't switch from visitor from within the UK
Alternatively, you could return to the US, marry and then apply for a Spouse Settlement visa from there, or return to the US and apply for a fiance visa to return to the UK and marry here within 6 months. If you choose the latter, after the UK wedding you would have to apply in the UK for a 2.5 year FLR(M) extension.
Unfortunately, an Unmarried Partner application stands zero chance of success in your current situation.
Edit: As so often happens, Wanderer you beat me to it!
