Is my partner eligible for a visa?

[ajc88]

Hello, I am British and my girlfriend is Korean. She is living and working in the UK on a 2 year Working Holiday visa which expires in mid-October 2019 and we are currently considering our next step.

We have been looking into the 'Unmarried Partner Visa' and are unsure whether we qualify or not for her to apply for/receive one.

I currently receive a study bursary. This is over £18,600 but I guess doesn't qualify as 'income'? My girlfriend has worked for a year here now earning over £18,600.

Also we have lived together officially since January 2018 but lived together at my parents house for 3 months before that. We didn't pay rent or bills and she only has her National Insurance card letter as proof of address for our time living together there.

I'm wondering whether in this situation my girlfriend qualifies for and is likely to be accepted for the partner visa? And if so does anyone know when we would be able to apply and how long it may take and will she be able to stay in the UK during this time?

Also, if we were to continue to live together in another country but have a few months apart first would it still count as two years in a future application or does it need to be 2 unbroken years of living together?

We are not married or engaged.

Any help or advice would be greatly appreciated.

[Casa]

In order to qualify as unmarried partners you would need documented evidence of at least 2 years of co-habitation in a relationship 'akin to marriage'.

The Case Worker would want to see that you have joint responsibilities throughout the 2 year qualifying period such as shared finances, joint tenancy or mortgage etc.

For the future, I believe that you are permitted a period apart during the 24 months of no longer than 6 months. This should be within the period of co-habitation, not at the start or in the 6 month period prior to submitting the application.

[ajc88]

Hello,

Thank you for your reply. It was very helpful

One more question if we did move abroad and live together and decided to apply in the future would I need to come back to the UK alone and earn over the financial threshold for 6 months before we can apply? or if you are making enough money abroad will they accept that as meeting the financial requirement?

I know I would still need to prove I have a job offer in the UK but that wouldn't be an issue.

Kind regards.

[Casa]

To avoid returning to the UK ahead of your partner, you would have to submit evidence of earnings the equivalent to £18,600 p.a for the 12 month period prior to submitting your Unmarried Partner visa in your country of residence AND have proof of a confirmed job offer to start in the UK within 3 months of arrival, again meeting the minimum £18,600 p.a earnings level.