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*urgent* unmarried partner visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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teresakayan
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Posts: 3
Joined: Sun Mar 03, 2019 4:45 pm
Hong Kong

*urgent* unmarried partner visa

Post by teresakayan » Mon Mar 04, 2019 12:31 pm

I moved with my boyfriend in the UK since June 2017, but he went back to Hong Kong to switch his visa from tier 2 to tier 1 which took about 6 months and he came back in March 2018. And later my tier 5 visa is going to expired and I have to go back to HK to switch my visa into tier 4, but it took me 2 and half months to come back to the UK.

Now I want to apply the unmarried partner visa in the coming June, but we have separated about 9 months, would it be a problem to being rejected?

Additional information:
During the period he was in the Hong Kong I had went back for twice to see him.
We keep living in the same house because he is the owner of the house.

Many thanks!

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Casa
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Posts: 25784
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: *urgent* unmarried partner visa

Post by Casa » Mon Mar 04, 2019 2:24 pm

teresakayan wrote:
Mon Mar 04, 2019 12:31 pm
I moved with my boyfriend in the UK since June 2017, but he went back to Hong Kong to switch his visa from tier 2 to tier 1 which took about 6 months and he came back in March 2018. And later my tier 5 visa is going to expired and I have to go back to HK to switch my visa into tier 4, but it took me 2 and half months to come back to the UK.

Now I want to apply the unmarried partner visa in the coming June, but we have separated about 9 months, would it be a problem to being rejected?

Additional information:
During the period he was in the Hong Kong I had went back for twice to see him.
We keep living in the same house because he is the owner of the house.

Many thanks!
SET05 of the UK Immigration Rules for unmarried partners:

"Periods apart for up to six months would be acceptable for good reasons, such as work commitments, or looking after a relative"

https://www.gov.uk/government/publicati ... ners-set05
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

physicskate
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Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: *urgent* unmarried partner visa

Post by physicskate » Mon Mar 04, 2019 3:03 pm

teresakayan wrote:
Mon Mar 04, 2019 12:31 pm
I moved with my boyfriend in the UK since June 2017, but he went back to Hong Kong to switch his visa from tier 2 to tier 1 which took about 6 months and he came back in March 2018. And later my tier 5 visa is going to expired and I have to go back to HK to switch my visa into tier 4, but it took me 2 and half months to come back to the UK.

Now I want to apply the unmarried partner visa in the coming June, but we have separated about 9 months, would it be a problem to being rejected?

Additional information:
During the period he was in the Hong Kong I had went back for twice to see him.
We keep living in the same house because he is the owner of the house.

Many thanks!
Are either of you British or hold ILR? If you are both Non-EU and haver different PBS visas, you could only apply as a PBS dependent, not as an unmarried partner. This route is only for those who are settled (ILR, PR, or British). I know this wasn't what you asked, I just want to make sure you qualify!

teresakayan
Newly Registered
Posts: 3
Joined: Sun Mar 03, 2019 4:45 pm
Hong Kong

Re: *urgent* unmarried partner visa

Post by teresakayan » Mon Mar 04, 2019 4:51 pm

My boyfriend is holding a Tier 1 Entrepreneur visa, I think that can fall within ILR?

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CR001
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Re: *urgent* unmarried partner visa

Post by CR001 » Mon Mar 04, 2019 4:56 pm

teresakayan wrote:
Mon Mar 04, 2019 4:51 pm
My boyfriend is holding a Tier 1 Entrepreneur visa, I think that can fall within ILR?
No, it is not ILR.

You would need to apply for a tier 1 dependent visa.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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