Advice - Applying for Unmarried Partner Visa

I'm about to apply for my Unmarried Partnership Visa and am a little freaked.  My partner lived most of his life in N. Ireland and now we're heading back there.  It's easier for him to get an Irish Passport rather than come back as a Returning Resident.  We've been together for almost 4 years.  Any advice to any of these questions??

1.  I've read through all the rules and restrictions and requirements and have worked myself up a bit - especially the part about not even being able to visit if I'm denied my visa.  Do I have to worry about the officials being crazy-tough on us?

2.  Since my partner and I have been living in the US together for 3 1/2 years now, we won't have UK employment when we get there.   Will that cause major problems?  Neither of us have a Bachelor's degree (I have an Associate's) but I know that we can both get letters of recommendation from previous employers.  Will that be good enough?   It doesn't seem to make sense to apply for jobs 4 months before we move there.

3.  When they talk about enough funds to maintain yourself, what do they mean?  Enough to sustain yourself for three months?  Indefinitely?   £5,000?  £20,000?

4.  Anyone make their application through Chicago?  Any suggestions?  Is it a better idea to go there and make the app in person, rather than mailing it?

5.  Any point in getting letters from friends and family which state that we're a loving couple in a relationship akin to marriage?

6.  Any other tips or suggestions?  I've read through most of these pages and understand that they're going to want proof that we've been together for at least two years (I'm sure I can dig stuff up) and that they'll want originals.

7.  Am I worrying too much?      

Thanx...!  I'd rather be over-cautious and over-prepared than under-prepped....

I have been through this but I was already in the country and had a job here.

I don't know about the first question.

The second question: They can't expect you to have employment lined up. This isn't a work visa situation. Letters of recommendation from previous employers are advisable, on the other hand. Anything that shows you are ready and willing (and have good-faith intentions) to be gainfully employed is good. Once they give you the unmarried partner visa, you have the right to work in the country.

I think "funds to maintain yourself" means enough to sustain yourself for a period while you look for work. Not funds to maintain yourself indefinitely. As I had a job and a flat, I can't really speak to this as to numbers, but the lower figure strikes me as the more realistic one. I would suggest that others chime in on this point.

Letters from friends and family: Yes. Get those and bring originals.

Proof that you've been together for at least two years: Bring anything and everything to nail this down, bring originals. I had: postcards postmarked several years back written to both at the same address, pictures from vacations taken together, letters sent to both, the original joint lease in both names, bills, bank statements in both names, all that stuff. Do NOT worry about overdocumenting the case.

And: If the Irish passport is easy for the partner to get, then by all means, get it.  There is an issue if Returning Residents have been away for more than 2 years as to whether they are even entitled to resume their residence. The Irish passport is a much stronger (basically irrefutable) claim to residence.

Hope this is helpful!

Hello!

As to your questions:

1.  I really don't think getting the visa will be a problem, especially as you have been living together for 3.5 years.  If they were to fail you, then it would be difficult for you to visit as they would have a record of your being in a relationship with someone in the country, and would doubt that you were a 'genuine' visitor.  But as I said, I really don't think it's something you would have to worry about.

2.  As misch said, it's not a work visa   It might be helpful to provide CV's to give evidence of your employability.
 
3.  As far as I can tell from others experiences, there's not much difference between going in person and applying by mail.    If they need to interview you, they'll do it by phone if necessary.  You can apply using the e-fastrack online service, which by its name implies that it is quicker than the other routes (not sure how much quicker though)

4.  I'm not too clued up on the financial side, I'm afraid...

5.  I definitely second misch on this one.  I think letters from friends and family can make an application more 'personal', and helps to show that you're not in a relationship contrived for immigration purposes.

6.  The only thing I can say is you'll be amazed at how much easier the process is than you expect.   Make sure you've got the necessary evidence, and the visa will be in your hand before you know it.

7.  Yes, but it would be worrying if you didn't!

Good luck!

Did you guys see the discussion in the "Returning Resident" thread?  Am I going to have a problem applying for a visa with my partner being an Irish citizen and not a British citizen?  Are members of EU states afforded that right to "sponsor"?

Has anyone here applied under those conditions?

I got an Unmarried Partner visa about 6 months ago, although we did use a solicitor.  Here's my take on your questions:

1.  I come from a biased perspective as half of a gay couple.  Gays are targeted in the UK for special strict enforcement (they deny it officially, but the record shows that gays are far more harrassed than straights).  It is true that if you are refused any type of settlement visa, it will be very difficult or impossible for you to enter the UK in any other capacity for a couple of years.  That's why it's very important to make sure you have the least chance of being refused.  However, the unmarried partner visa automatically attracts the right of appeal if you are refused.  Keep that in mind when you go to the Consulate--if you are refused you can appeal it immediately.  While it's not an ideal situation, because you will be barred from the UK until your appeal is heard, which could take up to a year, a refusal is NOT the last word.  (BTW, if the worst happens and you are refused, get a lawyer immediately unless you absolutely cannot afford it.)

2.  If both of you have been living in the US, they won't expect you to have secured UK employment in advance.  If you have, so much the better--but it is not a requirement.  What you must show is that you are employable and will not be a drain on the UK economy (my lawyer's words).  This is done by showing your resume (cv).  You might also have to answer questions about what sort of work you plan to do in the UK and how you plan to go about getting work.  Answer honestly and you'll have no problems.

3.  Technically, they mean "enough funds to support both of you without claiming any public welfare benefits, until you can support yourselves."  The amount depends on where you plan to live.  I don't have any specific amounts, but if you Google for the cost of living in various UK cities, you may get an idea.  Also, sites which cater to people who want to study in the UK often give clear information about what Immigration officials expect in terms of financial resources. 

They will also be VERY interested in where you are going to live once you get to the UK.  If you don't own any property or have a lease, you will need a letter from friends or family stating that they will allow you to live on their premises until you find suitable accommodation of your own.  This letter will need to be accompanied with either the original, or some kind of certified copy of their mortgage documents/lease/title deed, proving that they own or legally occupy the property. 

4.  I applied in New York, sorry.  But in any case I would recommend going in person rather than mailing it in, if you can afford the time and expense.

5.  As a gay couple, we wouldn't have dared proceed without these.  And if we had sent the application here in the UK, the letters would have been carefully scrutinized.  But as it was, the Entry Clearance Officer at the NY Consulate didn't even look at them.  Like you, I believe it is better to be overprepared than underprepared, so I would have at least two letters...one from his side of the family, one from yours.

6.  That two year requirement is extremely important.  You will need five documents from each of the two years on which you are basing your application.  You should have at least two different sources for the documents.  But, to echo misch, I had much more than this, including letters from family/friends addressed to us both, and basically every single piece of mail that had ever come to me at this address.  I had a little rolling suitcase full of documents.

Be aware, too, that the ECO may demand evidence of personal savings from you.  It is not a requirement to issue the visa--and indeed, I didn't have any evidence of my meager savings with me when I applied--but they may ask you.

7.  Hard to say if you're worrying too much.  I was in a knot for two years before I finally got this visa.  The stress was incredible as there was no way we could have gotten married, so it was the UP visa or nothing.  I have relaxed incredibly since I got it.

On Returning Resident:  I'm no expert on this, but IIRC, EU citizens are entitled to sponsor their partners in the same way as UK residents.  Check this site for more info:  http://www.stonewall-immigration.org.uk .  It's directed towards gay people but the conditions are the same for heteros.

Tholian...thanx for the insight.  I REALLY appreciate it.  Nice to know others have been through this.

The thought of being denied COMPLETELY freaks me out, but we really can't afford a solicitor at this time.  We do feel that we have a strong and straight-forward case.  My partner's long ties to the UK, our funds are ok to keep us going, I'm the only one with some college experience but we both have strong letters of recommendation from employers and a good work record.  We've got a secure housing situation and will DEFINITELY get that letter.  We've also been together long enough and are having friends and family write letters for us right now.  And I'm going to tear the house apart looking for anything that they may be interested in seeing.  We'll ABSOLUTELY make the trip to Chicago to apply.

Do you happen to know which visa should be used?  I'm thinking the VAF2 Settlement visa is the right one.

Tholian,

Excellent posting - very informative.

CluDet - Did pwill62 see the private messages I sent him about free legal advice? Stonewall does in fact provide limited free legal aid.

I don't know if you are still posting, but I was wondering if you received your visa.  My BF will be applying for the UP visa this week (and I am getting my work permit visa).  We will be mailing into Chicago.  Was your experience ok, mailing it in and getting it processed timely through Chicago?  I am a little concerned since I was told that applying in person was preferable.  Thanks for the help.

3.  When they talk about enough funds to maintain yourself, what do they mean?  Enough to sustain yourself for three months?  Indefinitely?   £5,000?  £20,000?

I handled an Unmarried Partner application last week for a UK/Philippine couple (visa national).  If it's of any use to you, I used the Regional Household Income tables from the Office of National Statistics to show that their financial status was OK.  I also used regional statistics from the Halifax House Price Index to deflate their estimated housing costs.   When it comes time to apply for the Philippine's family visitors, I'll use the BUNAC tables, which seem to work fine.

I'm not aware of systemic discrimination against gay couples, but they are definitely a lot tougher on applications from visa nationals, so you may not need to resort to these lengths.  But the RPI and HPI numbers give an idea of what the ECO looks at.  The ONS is at http://www.statistics.gov.uk

I know this was ages ago, but Sara Smile was asking about what was up...

We're going to Chicago next Thursday to drop off our "stuff" in person.  We're going to - as is STRONGLY suggested - apply online using the e-fastrack feature.  Now I have a question...

If we're going to the Consulate next Thrusday morning 9/30, when should we apply on the e-fastrack thing?  A week in advance?  The day before?  Or does it matter...?

Hi!

I had a good bit of correspondence back this summer with you guys and am glad to see things are proceeding. Did pwill get his Irish passport? No six month wait??

Hope all is well!

misch

I handled an Unmarried Partner application last week for a UK/Philippine couple (visa national).  If it's of any use to you, I used the Regional Household Income tables from the Office of National Statistics to show that their financial status was OK.  I also used regional statistics from the Halifax House Price Index to deflate their estimated housing costs.   When it comes time to apply for the Philippine's family visitors, I'll use the BUNAC tables, which seem to work fine.

Would they consider the amount of rent in a tenancy agreement or the amount of a mortgage in determining the amount the couple needs to live on? I'm asking because my fiance's rent is lower than is normal for the area in which he lives, so our cost of living is actually lower than the statistical average. I have to show the tenancy agreement anyway, as proof of accomodation. If so, what percentage of income would normally be expected to be allocated toward rent or mortgage? (I live in New York City, so my idea about this is probably very skewed.)

I have money from other sources that aren't in my bank account. I want to transfer as much money that I need to my bank account before I apply for my visa, but not too much money because that will cause me tax problems.  I am almost certain that my fiance's income alone will not be considered enough to support us, and he doesn't have much money saved up, so we are going to have to rely on my bank account till I am married and able to work. 

This was a same sex UP application, UK/Phillipino.  Actually, the UK half was an EU national  exercising treaty rights.  The Phlip was on a tourist visa that some might have thought was gray, so we needed to have everything water-tight and done up proper. 

They are not going to be as persnikity with your application.  You'll be fine!

Thanks. The "how much money do I need to have" question, though, is always the one question that there is never a clear answer to. It would be so much easier if there was some type of estimated range; then people could make arrangements to have others sponsor them, etc.,  before they apply, rather than have to reapply after the visa was denied.

I know an American who applied for a fiance visa who was denied twice because of "insufficient funds." Got approval the third time around with an additional sponsorship from a relative.   It would have saved him a lot of stress if he had known that he needed the sponsorship before he applied the first time.