Switching from Unmarried to Married Visa

[barneycracker]

I am a UK citizen and my partner is from Taiwan. We are currently applying for an Unmarried Partner visa for her but are unsure of the situation if we decide to marry during the 2 year probationary period or, alternatively, after we have obtained ILR.

Would we have to re-apply after my partner has ILR and is a permanent resident or could we just marry in a similar way to a UK national couple?
It seems to me that the Unmarried Partner visa just adds an extra layer of complexity (and expense)and would appreciate any advice on the simplest way to achieve our objective which is to eventually both be able to live and work freely in the UK.

We have also considered marrying abroad as this appears to remove the Unmarried Partner OR Fiancee visa state and if we were married perhaps she could just apply for the Spouse visa without the need to go back to Taiwan?

Also, does anyone know about the success rate for the Unmarried Partner visa as I have heard it is the most difficult to obtain. We have quite a lot of documentary evidence but , like most people, when we started our relationship we did not anticipate having to prove where we were living and how we shared expenses 2 years ago so we did not copy and file all our receipts!

Any help and advice would be much appreciated.

[Casa]

What status does your partner have at present. Visa category?

[barneycracker]

We met when she was here as a student but she is now nearing the end of 6 month Visitor visa.

[Casa]

Even if you married, she would still need to return to her home country to apply to re-enter on a spouse settlement visa.
You're applying for a UPV from Taiwan? Have you have any significant time living apart during the 2 years?

[Greenie]

she can't apply for either the spouse visa or the unmarried partner visa from within the UK when she is here as a visitor. she will have to leave the uK and apply from taiwan for the visa.

The unmarried partner visa does not add an extra layer - but it is harder to get than a spouse visa as the relationship is scrutinised more.

The fiance visa does add an extra layer -as she has to make one application from abroad, another application for further leave once you have married in the UK, and then finally ILR after 2 years. With the unmarried partner/spouse visa it's just two applications - one for entry clearance for 27 months, and then ILR once she has completed the two years.

There would be no issues with you getting married once she has been issued the unmarried partner visa or ILR. She would not have to 'reapply' for ILR once you are married.

[barneycracker]

Thanks for all of your helpful advice, I really appreciate it. I understand the situation with regards to applying for the Unmarried Visa but still am unsure whether if we decided to marry at any point during the 2 year probationary period or after when my partner has ILR would she need to leave the country and apply for the spouse visa and would she need to apply for a spouse visa if she has permanent residency through the ILR Visa.

Thanks in advance.

[Greenie]

Thanks for all of your helpful advice, I really appreciate it. I understand the situation with regards to applying for the Unmarried Visa but still am unsure whether if we decided to marry at any point during the 2 year probationary period or after when my partner has ILR would she need to leave the country and apply for the spouse visa and would she need to apply for a spouse visa if she has permanent residency through the ILR Visa.

Thanks in advance.

no, if you marry whilst she is on the 27 month unmarried partner visa then she does not have to do anything in terms of her visa. She would just apply for ILR after she has completed the two years - albeit she would be applying for ILR as a spouse rather than an unmarried partner.

If she got her ILR whilst you were still unmarried, and then you subsequently married, she would still have her ILR and would not need to apply for a spouse visa again.

[barneycracker]

Thanks Greenie

Would you know the process by which to change from an unmarried partner visa to a married visa and are you certain that this would not involve a seperate application.

Thanks again.

[Greenie]

Thanks Greenie

Would you know the process by which to change from an unmarried partner visa to a married visa and are you certain that this would not involve a seperate application.

Thanks again.

there is no process as there is no need to switch from an unmarried partner visa to a spouse visa. She would just apply for ILR on completion of the two years.

It is only if she is on a fiance visa that she would need to switch to the spouse visa.

See IDI family member para 4.9

[barneycracker]

Thanks,

So just for clarification,would we be able to marry without involving the UKBA and just apply at a local registry office with birth certificates and passports as any other UK couple?

[Casa]

Yes.