Change from Student visa to Unmarried Partner

[tex925]

Hi All,

I am currently on a student visa (my entry clearance was granted for 26 months), and my partner and I have been together for 3 years.

My student visa expires in Oct of this year. My partner and I will have been officially living together (with all appropriate documentation) for the required 2 years as of June this year.

I have heard many conflicting stories in relation to changing from one visa to another. My only real question is:

How many months do I need to have left on my visa when we apply for an unmarried partner visa?

We've been told by others who have gone through the process (some years ago) that I need to have six months leave to remain, but when I spoke to the home office today, they said that was not true. On another forum I have seen that I would need to have 3 months left. Is there anyone who has a clear answer?

Any help would be greatly appreciated!

[tex925]

Update: Well I have just spoken with HO, and they assure me that you simply cannot change from a student visa that was issued outside the country because that gives you an 'Entry clearance' and not 'Leave to remain' and in order to apply for an unmarried partner visa you must currently be on a 'leave to remain'......so in theory, I need to extend my student visa in order to get a leave to remain, and then apply....How stupid is this? But apparently, if we get married then there is no problem in changing the visa over despite only having an 'entry clearance'.....so essentially we're being forced to get married.....isn't forced marriage against my human rights?

[Casa]

You could return to your own country and apply from there, but you can no longer switch from within the UK.

[law3283]

Hello

This thread has now made me worried! I applied under European law with an EEA2 application in July 2008 based on my relationship with my German partner, with whom I've been living for 3 years. I had a student visa at the time of application, though this has just expired. Do I now need to extend the student visa to get the residency permit? This is not what I understood before.

Also, does anyone know whether the HO has been granting EEA residency permits for "durable" partners? I just read the new casework instructions and they seem to emphasize the officers' discretion granting permits for extended family members like me. EU law requires it, but that doesn't always get upheld in the UK it seems.

Thanks

[Casa]

My understanding is that this doesn't apply for EEA applications. However,
as someone who is considered an 'extended family member' you do have
limited and not automatic rights when it comes to the provision of a residence card. Family members are waiting in excess of 6 months for
EEA2 applications, and unfortunately extended family members can expect a longer wait than this.
Is your German partner working? This would give you additional rights...although the UK lacking in their compliance of the rules.

[law3283]

Thanks for that. My partner is working, has been since he's been here.

I understand I could apply for a Family Permit abroad, if it turns out I really need to travel (which is likely!) I wonder if I'm also likely to have difficulty getting that given our not being married. I suppose we could just get married, but we don't really believe in it for personal reasons, and it would really be unfair to be penalised for that.

Do you know anything about what might cause them to deny an EEA residence permit for someone in my situation? Just want to be prepared...

[Casa]

Don't believe they'll deny it...they might just take forever to issue it.