Can you 'switch' if you are already in the UK?

[factualbob]

The switch thing I don't understand. My partner entered on 2009 on a student Visa and was renewed for a further 2 years at the end of his first year. The second part of the "Can you switch" literature appeals to us.

But in plain English I don't understand what it means.

I don't want to marry for a long time because I don't understand marriage, so we both want to apply on an unmarried basis (or fiance) but want to understand this part below.

Can someone or anyone explain the below (in quote) in plain English please?

Bearing in mind our circumstance:

Me: Born British
Him: 2009 entry on student Visa, renewed 2010 to early 2013.
Partnership Status: 1 Year 2 months. Unmarried: engaged but with no view to marriage this year, as we are waiting to see how the marriage laws pan out. Plus we wan to keep our surnames for now.

You may be allowed to switch into the category of husband, wife or civil partner if:

• you are currently in the UK with permission as a fiance(e) or proposed civil partner, or as the husband, wife, civil partner or unmarried/same-sex partner of a relevant points-based system migrant, and you are still with the same husband, wife or partner; or
  you entered the UK in a different immigration category (for example, as a student), and you have been given permission to live here for a total of more than 6 months since your most recent admission to the UK. For example, you can switch if we gave you a 3-month visa and then permission to remain for 5 months, totalling 8 months. Your current permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules).

[CR001]

http://www.ukba.homeoffice.gov.uk/visas ... -same-sex/

The main thing that you will need to prove is the subsisting relationship akin to marriage which has to be for at least 2 years.

[factualbob]

http://www.ukba.homeoffice.gov.uk/visas ... me-gender/

The main thing that you will need to prove is the subsisting relationship akin to marriage which has to be for at least 2 years.

This is the rules we are following:

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

This doesn't mention being married, or having a relationship lasting more than 2 years?? It does have the "Can you switch" section which I don't understand.

More help appreciated.

Thanks.

[Lucapooka]

Partnership Status:[/b] 1 Year 2 months. [/quote]
And is that living together at a common address, in a relationship akin to marriage?

[factualbob]

Partnership Status:[/b] 1 Year 2 months.

And is that living together at a common address, in a relationship akin to marriage?[/quote]

Yes we have lived together since December 11th 2011.

Which applies to us as well?

This: http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

or

This? http://www.ukba.homeoffice.gov.uk/visas ... -same-sex/

He arrived here 2009 and applied to come here that year.

Thanks guys.

[CR001]

The link you are looking at is for partner applications made before 9th July. The rules have changed since then. The link I provided is the correct one for Unmarried Partner Visa.

[Lucapooka]

Yes we have lived together since December 11th 2011.

So you become eligible to apply for this category of leave in December 2013, with a paper-trail of evidence to support the two year relationship. Applying sooner is a waste of time.

[factualbob]

The link you are looking at is for partner applications made before 9th July. The rules have changed since then. The link I provided is the correct one for Unmarried Partner Visa.

The link says that it's if the person applied for their Visa to come to the uk before 9 July 12??

That's how I've read it. That's howit reads.

Dang so confusing.

Thanks again guys.

[factualbob]

Ok let's update.

Our cirumstance.

Met November 20111
Living together since December 2011
Engaged November 2012
I don't want to go civil partnership yet
We want to apply so he can remain.

What options are available? I guess it's better to ask these.

But also can someone explain the "Can you switch" section. Please.

And the on or before July 9 means if he applied to come here before then?

Thanks.

[CR001]

Before 9th July is only relevant to spouse or partners that have applied as the spouse or partner of a settled person or BC. If your partner is on his own Student visa, which you say he is, then he is an applicant apply after 9th July.

[CR001]

This is the link for applications after 9th July, which is a redirected link from the Unmarried Partner link I have already provided

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

[factualbob]

That is only relevant to spouse or partners that have applied as the spouse or partner of a settled person or BC. If your partner is on his own Student visa, which you say he is, then he is an applicant apply after 9th July.

Thanks, can you check my post above and recommend me what to follow?

The website is so confusing about which one we apply for.

If read in plain English the website clearly states about if they applied for their visa to come to UK before 9 July, not this specific visa. Wording definitely states that but you guys I guess are the experts.

[factualbob]

Guys..

If you made an application to enter the UK on or before 8 July 2012 please see the Partners who applied on or before 8 July 2012 pages.

He applied to enter UK in 2009 which is before July 9 12?

[CR001]

As your partner did not enter the UK as a dependent based on your status, he doesn't qualify under the pre 9th July rules.

[CR001]

If he entered the UK as a dependent, yes, but he did not as his has a visa in his own right as a student and not as your dependent.

[factualbob]

If he entered the UK as a dependent, yes, but he did not as his has a visa in his own right as a student and not as your dependent.

Ah OK that isn't very clear from the wording to me.

Under these circumstances, where do we stand then?

Met November 2011.
Living together since December 2011.
Engaged November 2012.
I don't want to go civil partnership yet.
We want to apply so he can remain.

All your replies and help still highly appreciated,.

Thanks.

[CR001]

If you apply but cannot meet all the requirements for this category, you will be refused. Please see 'More information' below for further information. If we refuse our application your fee will not be refunded.

You must show that:
you and your partner are both aged 18 or over at the date of application;
your partner is not related to you in a way that means you could not marry in UK law;
you and your partner have met in person;
your relationship with your partner is genuine and subsisting;
if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
you meet the suitability requirements;
any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
you and your partner intend to live together permanently in the UK;
you meet the financial requirement;
you meet the English language requirement; and
if you are in the UK and want to extend your leave or apply for settlement in the UK you will need to meet the suitability requirement.

This is out of the link that I have provided already :

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

And as mentioned already, you will need to be living together in a relationship akin to marriage for at least two years and be able to provide cohabitation documents as proof.

So your partner will therefore be able to apply in December 2013 at the earliest provided you have documentary cohabitation proof.

[factualbob]

If you apply but cannot meet all the requirements for this category, you will be refused. Please see 'More information' below for further information. If we refuse our application your fee will not be refunded.

You must show that:
you and your partner are both aged 18 or over at the date of application;
your partner is not related to you in a way that means you could not marry in UK law;
you and your partner have met in person;
your relationship with your partner is genuine and subsisting;
if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
you meet the suitability requirements;
any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
you and your partner intend to live together permanently in the UK;
you meet the financial requirement;
you meet the English language requirement; and
if you are in the UK and want to extend your leave or apply for settlement in the UK you will need to meet the suitability requirement.

This is out of the link that I have provided already :

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

I understand all this but we have proposed as same sex partner. Yet this is not planned to marry this year.

The 2 years part I don't see? http://www.ukba.homeoffice.gov.uk/visas ... y/genuine/ It just says genuine and subsisting?

I need more information on what this means?

As we have no plans to marry this year and want to go forward on the best application that gives us more time to decide upon our vow to marry?

[CR001]

In the link already provided

http://www.ukba.homeoffice.gov.uk/visas ... -same-sex/

Unmarried or Same Sex Partner - the requirements I have already listed in my previous post will be the same.

[Obie]

The requirements above seem to apply to married partners, for unmarried partners, the requirements are as follows.


You must send:

2 recent passport photographs and your passport - see the Photographs and passport page
evidence of your age and your partner's age
official evidence that your and your partner's previous marriage(s) and/or civil partnership(s) broken down permanently, if either of you has been married or in a civil partnership
evidence that you have been living together, in a genuine relationship that is like a marriage or civil partnership (not like a 'marriage of convenience') for 2 years or more
evidence of your English language ability - see the English language page
evidence that you meet the financial requirement.

[factualbob]

In the link already provided

http://www.ukba.homeoffice.gov.uk/visas ... me-gender/

Unmarried or Same gender Partner - the requirements I have already listed in my previous post will be the same.

Yes I'm reading.

It says IF

if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;

Then the genuine and subsisting doesn't say anything about 2 years: http://www.ukba.homeoffice.gov.uk/visas ... y/genuine/

[CR001]

See point 2 of the caseworker guidance

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[factualbob]

See point 2 of the caseworker guidance

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Ok but we qualify under partner visa as we intend to get married just not this year. But we haven't been together 2 years.

His visa expires (STUDENT) issued 2009 and renewed 2010; expires March this year.

What can we do?

Thanks.

[CR001]

The best option would be to extend his current visa until he qualifies for the Unmarried Partner / Same Sex Partner visa.

[CR001]

See page 3 (at the bottom and onto page 4) of the caseworkers guidance on reasons for refusal

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary