Tier 5 to Tier 2 dependent

[kst5]

Hi all,

My partner and I are Australians in the UK on Tier 5 (YMS) visas due to expire in early 2020. His work have offered to sponsor him to remain in the UK and I am looking to stay on as his dependent. The area we keep coming unstuck is proving partnership/ marriage.

We have lived together for over a year whilst living in Germany during 2016, then did a year of long distance whilst he worked in Japan and I returned to Australia. We have then lived together in the UK for over a year in the UK from March 2018.

Do the 2 years of required living together have to be consecutive? And how much evidence will we need? We have moved several times both in Germany and the UK so have several different tenancy agreements in both our names and have had joint bank accounts in both Germany and the UK but that's about it.

Would it be simpler if we were to get married instead? We've been together for 8 years and is something that we've been considering anyway. That would mean that we wouldn't have to prove living together for the two years, but would have to show our marriage is genuine, correct?

Thank you in advance

[CR001]

Do the 2 years of required living together have to be consecutive?

Yes. A single absence apart of up to 6 months could be taken into consideration but no guarantee.

You need rock solid evidence for the whole two years of living in a relationship akin to marriage with share financial commitments etc.

Yes it would be easier if married.

[kst5]

Thank you for the prompt response.

So the timeline would be something along the lines of...

1. He applies and receives Tier 2 visa (taking into account requirement to return to Aus to do so)
2. We get married in the UK
3. I apply as a dependent spouse, from the UK before my Tier 5 visa expires.

My next question would be, as someone on a Tier 5 visa, will the home office approve our notice of intention to marry? Or would we be required to return to Aus to get married.

[CR001]

1. He applies and receives Tier 2 visa (taking into account requirement to return to Aus to do so)
2. We get married in the UK
3. I apply as a dependent spouse, from the UK before my Tier 5 visa expires.

Correct yes.

My next question would be, as someone on a Tier 5 visa, will the home office approve our notice of intention to marry? Or would we be required to return to Aus to get married.

Should not be an issue. Also depends how much time you have left on your visa when you give notice. No need to return to Aus.