Switching to Unmarried Partner - Update

Hi Victoria,

You have great advice on Visa's and Immigration applications.

I am an Aussie, in March 2010 I am going to apply for a Unmarried UK visa as my partner is from UK.  By March we will have a lease on an apartment for 20 months supporting the fact we have been living together as a married couple.  The remaining 4 months we are going travelling together do the same thing.  The umarried visa application stipulates you need to be living together as a married couple for 2 years, do you know what the best way to support our relation for the visa while we are travelling?
Also we are currently living in france on a resident permit, but will return in March to France, would it still be ok to apply from France rather than going back to OZ?

Thanks

If you would like an individual answer I would be happy to assist for my usual consultation fee.  Otherwise, I think your questions have been answered here:

http://talk.uk-yankee.com/index.php?topic=53459.msg766241#msg766241

Vicky

I'm new to this site, after its being recommended by a friend in the American Women's Club of Central Scotland. I wish I'd found it ages ago?

I have several questions, but the one that relates here is this: after having been on several different visas (student, 'Fresh Talent: Working in Scotland' and now on my 2nd work permit), my British partner and I intend to apply for Unmarried Partner status next April, when we'll have been living together 2 years. I'll still have 4 months left on my current work permit.

Sorry to be confused, but can I apply while in the UK in this case?

And my second question is if we decide to get married before the 1 year for ILR has elapsed, then the 2nd year after to apply for citizenship, does that change the timeline?

You'll need a CoA, and then you'll be able to apply here.

To your second question, they do not penalize UP's for getting married.  So your clock is ok.  Based upon what you wrote, you'll be able to get married and apply for ILR on the same day.  When your ILR is issued, you can apply for naturalization on the day after that. 

So be sure to take your KOL!

Hang on, you need a CoA to switch to unmarried partner? Surely the CoA is to get permission to get married?

You can apply for the UP from within the UK, there is no problem there.

If you then want to marry you need a COA.

Vicky

Thanks so much for the advice! Nice to know we don't have to push it on our timeline for getting married - what a relief.

Because I've been trying to work this out on my own for quite some time, I'm still a bit fuzzy about the whole timeline.

So: I'll have been here 6 1/2 years (everything up til Nov 2007 doesn't count toward settlement because I was on a student or Fresh Talent visa) by the time I apply for UP in April 2010.

I've assumed that means (if we don't get married), in April 2011 I can apply for ILR. When can I apply for naturalization? Do I have to wait a year? I need dates to aim for because it gets to soul-destroying to work very very hard to stay in the UK and not have a clear date that will see me able to vote etc!

If you are not married you need to have ILR for 12 clear months before applying for naturalisation.

Vicky

Ok. Last question - and if we do get married? Same 2 year probation period before ILR, then do I need to have ILR for 12 months before applying for naturalisation?

This all just seems to get further and further away... 

Same 2 year 'probation', but you would be able to apply for citizenship as soon as you get ILR, as you would have already met the 3 year residency test.

Vicky

That's too bad. When I applied for UP over 3 years ago, I was switching from Visitor to UP. Being able to do that actually allowed me to qualify as a UP because I used my 6 months visitor status as part of the required 2 years of living akin to marriage.

yes i thought that you could still switch from a visitor to UP.When did that all change?   So now   you  can only switch from a Visitor to what ?  please update me,,,~~~~~~

From visitor to nothing really.  You need to return to your home country to apply for a new visa if you are here as a visitor. 

yes i thought that you could still switch from a visitor to UP.When did that all change?   So now   you  can only switch from a Visitor to what ?  please update me,,,~~~~~~

2003. No one has been able to switch from a visitor catagory to a spouse/unmarried partner or Civil Partnership visa since.

If someone is in the UK as a visitor and wants to change their status they must return to their home country to do so. If they don't leave when their visitor status is up, they are an illegal overstayer.

Just for completeness, unless returning to your home country would abridge your ECHR rights, like you are physically infirm and are unable to travel or if it would be dangerous for you to return to your home country, the Secretary of State can make allow an exemption to be issued.