UNmarried partner

[sambody]

I am currently on a HSMP visa which runs till May 2010 after which I become eligible to apply for ILR. My unmarried co-habiting partner and I intend to marry next year in April. We have been living together in a realatioship akin to marriage for over 2 years now (with documentary proof). Will I be eligible to apply for ILR as having spent the 2 probationary years already or do i have to apply for a spouse visa for 2 years to start with. We have a 2 year old son, who is british and is dependent on us. I would intend to migrate to UK and live here permanently. PLease advise, is it ok to apply now for ILR or wait till i finish my HSMP and then apply for ILR.

thanks in advance

[sakura]

Which visa are you currently on? If you are on the HSMP visa then you will need to apply for either the unmarried partner visa or the spouse visa (if you marry next year). From what I have read you are not on the unmarried partner visa and as such would not qualify for ILR right now. The best thing would be to apply for it now (since you qualify for it) so that you can obtain ILR in 2010.

However, if you are able to obtain ILR quicker under your HSMP, then it might be better to stick to that route rather than start a new 2-year period under the unmarried partner/spouse visa.

[vinny]

As an unmarried partner, you may apply for FLR(M) (295E) before you may subsequently apply for SET(M) (295H).

[sambody]

thanks for your replies. yes i am on hsmp and would take 2 yrs on the spuse / partner visa. so both routes take the same time.

i find it strange, but easy to believe, that home office wont consider the 2 years that i have already lived with her as such give me ILR. Naturally that means then they wont get a second payment. Hence I suppose.

I wonder what the immigration law will say about it. Anyone has seen solicitors with this sort of a problem.

[sakura]

There is no case to argue, or not much. The UK recognises unmarried relationships - unlike quite a number of developed countries (such as the US and a certain number of EU countries). The two years co-habitation is seen as a good benchmark (in my opinion) that the relationship is long-term and serious, hence the eligibility for a settlement visa for a relationship akin to marriage.

[sambody]

so do u think that i could apply for settlement straight away, without having to wait till i finish my hsmp. that will be good then wont it.

[sakura]

As per vinny's post, you apply for the settlement visa, as you meet the two year co-habitation period. However, if you think you will obtain ILR faster under your HSMP then you might want to stay on your HSMP route.