Unmarried Partner Visa, couple of questions please

[daveJaps]

Hi all,

This is the first time i have ever posted on this forum, let alone any forum. So if i'm unclear/doing something wrong - please let me know as i'm a complete newby.

I need fairly urgent help with my current status and i apologise for the length of this post - just want to ensure you all have the right info.

I have been previously living/working in the UK under the Tier5 Youth Mobility visa, which is coming to an end in mid April. I intended to return to Australia (which is where I'm now -as of early Jan) and reapply for the Tier 1 (General Migrant) visa - though after recent immigration developments this doesn't seem possible.

I have been looking into alternatives - which is why i'm posting in this forum.

I have been in a committed relationship with my girlfriend (she is UK and Australian citizen) for nearly 7 years now, in which we have lived both in Australia and the UK together.

Therefore i'm planning on applying for the unmarried partner Visa.

I have a couple questions pertaining to this application.

1. Is it better for me to apply for this visa within the UK or from Australia? I still have just under two months before my current visa expires and a return plan ticket to UK for early March. Ideally i would like to apply from within the UK though i fear that i might overstay my current visa whilst waiting for the new one to come through - and as i will not have my passport, would not be allowed to leave and not allowed to stay (i dont think).


2. Though i have been in a relationship with my girlfriend for 7 years, we have (up till now) lived fairly separate lives financially, therefore we do not have a great deal of evidential proof of our relationship....i.e. Joint bank accounts, joint bills, etc. However we do have substantial proof of holidays, photos, emails, phones calls, etc dating back 7years.
I do have individual letters address to me at her/fathers house over the course of two years (Banks statements, and other letters to that address) to prove i lived with her whilst in UK.

Point to note: Whilst i lived in the UK i stayed with her at her fathers house for 18months, and then took a temporary contract job in London - so not the whole two years. Thought whilst i was living in London for work, her and I traveled back and forth each fortnight, which we still have train tickets, etc to prove.

Additionally my gf lived with me at my parents house in Australia (a number of years ago), but again - have limited proof of this.


My main points of concern are:
a) Can i apply from within the UK given 2 months left of previous visa?

b) Will the fact that we dont have joint financials be key reason to be refused, i.e. will alternative evidence suffice?

c) Will the fact that i spent some time living apart whilst on a work contract hinder our application?

Thanks for reading through all of this and i eagerly await (hopefully some positive) news.

Regards,
Dave.

[vinny]

1. You may switch (295E) from within the UK before your leave expires. While under consideration, your leave will be "treated as continuing" under section 3C.

2. See form FLR(M) for expected documents.

[wf]

c) periods of up to 6 months apart are permitted with good reason, work commitments should suffice.