Yet another unmarried partner visa question

I'm sure that this question may have been asked before, but I can't seem to find anything out in the archives so.........

Basically, I was going to go home in November when my residence permit ran out of its 6 months with my boyfriend and we were going to stay with my folks in NY for 2 months until our actual 2 year mark and apply for the visa as planned in NYC BUT...now my bf may be starting college in the fall and won't be able to come with me. I know I can do it alone, and if need be, I will. I did however read on another board that someone said an up visa CAN be done whilst as a visitor in the UK and you DON'T need to leave to apply. I would rather do this obviously so I don't have to take a trip away from home (here) and leave without him. I realise we do what we must, but as all of you know, this process is daunting and very stressful and 2 months away from him will be hard.

More importantly, either way I am curious if I could apply just under 2 months early either here or in NY. Do you think it would be possible? I have more evidence than imaginable to get it, but the ONLY thing that shows the start of our cohab together is a measly stamp on my passport. Not being naive, but will it really harm me to try a bit earlier so I can have the holidays here?

Just some thoughts and comments and facts if any of you have them. I need all the help I can get these days. If only getting married were an option now, but it's not. I won't let a govt rule when I can have the most special day...it has to come naturally.

Sorry it took me so long to get back to you on this.  It USED to be possible to send your application in to the HO a couple of months before you actually reached the two years, and it would spend the last few weeks (or months!) sitting in their pile, and everything would be fine.  However, they have changed their policy and now are likely to refuse any UP application which does not already have the 2 years before sending.

I applied in New York with a load of evidence.  I had passport stamps, letters and other evidence going back further than 2 years but the sticking point was that the first UTILITY BILL I had with both of our names on it was only 1 yr and 10 months old.  Despite a huge binder full of evidence, the ECO still had to go in the back and get permission to proceed with the application.  He did not have to do that--he plainly wanted to issue the visa but still had to ask for this deviation from procedure. 

There is no guarantee that the ECO who deals with you will be in a visa-issuing frame of mind, or that they will get permission to make an exception for you.  My advice is to consult a solicitor if you plan on going this route, so you know what to expect and what to say to them. 

I have made the decision, based on help from members such as you and also just research to just wait until the actual DAY that it hits 24 months. This will be my only guarantee for a possible visa I know.

The only ONE thing I have that shows 24 months is the stamp in my passport to the UK. Besides the other tons of things I have for showing I have lived with my partner

Will this one thing suffice in your opinion?

I would think so, but I'm not a lawyer, and my situation was different enough that I can't really draw any conclusions for yours. 

No. I know. I realise you aren't in the position to say whether or not I would get it. It's just nice to hear someone else say they "think" it would work you know? I have to look at it this way, I have been lucky with immigration thus far and hopefully on that day when I have my appt, I will have the same luck. I've done everything I am supposed to and that's all I can do. Until then...I wait

Thanks again for your help

Hey we're alot alike except I am a man.  Well, I met Amy two years ago (this October) in Rome.  After we met she came out to California on and off for a year and a half because she could only stay for three months at a time.  But most of that year and a half was spent together.  Now I am in London on a visitor visa spending the 6 months and then come this Christmas the plan is to go to Chicago and get the Unmarried visa.  I am too scared shitless because I don't feel we have sufficient evidence.  My problem is I throw everything away and if I had known two years ago that this was going to happen I would've thought twice and put her name on the bills.  I can get letters from landlords and family proffessing our love, and some letters here and there, but I still don't know if it is all enough. 
It scares me because I don't know if we have sufficient evidence. 
And this website is great, but worrying at the same time, ya know?  I don't know, keep me posted on anything you find out, okay?

scott

Hey we're alot alike except I am a man.  Well, I met Amy two years ago (this October) in Rome.  After we met she came out to California on and off for a year and a half because she could only stay for three months at a time.  But most of that year and a half was spent together.  Now I am in London on a visitor visa spending the 6 months and then come this Christmas the plan is to go to Chicago and get the Unmarried visa.  I am too scared sh*tless because I don't feel we have sufficient evidence.  My problem is I throw everything away and if I had known two years ago that this was going to happen I would've thought twice and put her name on the bills.  I can get letters from landlords and family proffessing our love, and some letters here and there, but I still don't know if it is all enough. 
It scares me because I don't know if we have sufficient evidence. 
And this website is great, but worrying at the same time, ya know?  I don't know, keep me posted on anything you find out, okay?

scott

Have you taken advice from a solicitor, Scott?  In your given situation it might be helpful to get some initial advice at least even if you don't have a solicitor handle the whole process for you.  Many will give you a free initial consultation or a fixed fee 30 minute advice appointment. 

Best of luck and keep us posted on how it goes because in the past 6 months or so this one keeps coming up a lot!

Hi Scott. Yes. It does sound like the situation is the same with the two of us. One thing I have learned (out of the many) is panicing and making yourself almost ill with fear won't change or help things. The fact that you can get as much evidence as possible is the best thing. I am obviously unsure of what is going to happen with my situation when I apply for the visa in January, but I know I have been living with my bf for 2 years at that point and any and ALL evidence I will have with me. If immigration tells me no on the up visa, I will be shocked because I know that I have enough evidence based on what I have read.

I have been to immigration advice people, this and other boards, talked to others in the same situation as well as made numerous calls to the HO and other solicitors and they have all said that I should be fine. If that helps you at all, Just remember to get as much evidence as you can because you can NEVER have too much.

PM me if you need any information or just want to rant about this because it's always good to know others are in the same boat.

Yes, I will keep in contact on this.  Do you have bills together?  Or letters written with both your names on it?  This is my biggest worry is when we were in LA, all of the bills were in my name.

scott

The only thing in both of our names is our bank account together. I only got added on in March of this year but I am hoping that it will be ok. I get tons of other mail here and my bf gets some mail (magazines and other various junk) at my parents from when he was in the US. All the other stuff here is medical insurance stuff (ie - doctor letters, insurance info) loyalty card stuff, and some other things I have but can't think of now in my name showing I am living here. Obviously, since it is the UK stuff that is important, my bf has his legal docs showing his name and address here.

Basically, we are banking on the sponsor letter, money in our account here (very little), our passport stamps and the other evidence no matter how small to pull us through. I have heard stories with people with much less getting it, so we'll have to see.

Also, since I applied both times by mail (with no hitch at all) to get my visitor stamp, the HO has documentation of when and why I was here so that is also on our side.

I wouldn't worry too much about the bills in your name if you have other documents to tie your gf to that address and such

I wouldn't worry too much about the bills in your name if you have other documents to tie your gf to that address and such

This is mostly what I was told also.  If we didn't have a lot of evidence with our names together (tied to a common address), to each have evidence with our names tied to the common address.

I was told by a poster on another board, to each have 5 pieces of evidence per year.  When I called the Consulate and told them that is what I planned, the exact response was "Dear Lord, that is not necessary."

This doesn't apply to you guys necessarily, but I was also told by a second call to the Consulate that since BF and I are applying for a visa together (I am doing my work permit visa), he actually would need less evidence than if we had applied separately (for instance, I was told not to send a letter of intent or accommodation, etc.).  We will probably send it all, since I have already compiled most of it, but I thought that was interesting.

I was told by a poster on another board, to each have 5 pieces of evidence per year.  When I called the Consulate and told them that is what I planned, the exact response was "Dear Lord, that is not necessary."

When I went in person to the New York consulate, the ECO counted out the five pieces of evidence from the first year, but for the second year he just wanted our latest utility bill.