American citizen hoping to move to UK with unmarried partner with Tier 2 visa

Hi all. Hoping to find some help at this confusing time. I am specifically trying to find a legal route to live long-term (3-5 years) in the UK.

Thanks so much in advance for any comments on my situation.

About my situation:
I am an American citizen. My unmarried partner is also a US citizen and about to receive a Tier 2 visa to relocate to London. [We have been together about 1.5 years and lived together for one year.] The ultimate goal is that I am able to secure my own sponsorship so I can live with her in the UK as well.

I've just been accepted to a short-term (6 months) course which is due to start in October. It isn't just a sham to stay -- it's a program I really want to do at City University London. My partner is probably going to need to move in September, and I would like to immediately go to the UK with her when she moves at least for a bit while she gets settled.

It is not an option for long distance. If we cannot figure out how to both live legally in the UK, she will ultimately move back home. So I am only looking for options that allow us both to live in the UK legally.

My specific questions:
- Is it possible to take advantage of the short-term study visa for six months, then leave and come back as a visitor for another six months, all the while searching for a job that allows me to stay? That would give me a year which hopefully in that time I can find a job under the new point-based system.

- Her job is paying for her move. If we move all of our stuff over to a new apartment in London, is that violating any laws since I do not have the right to rent but I will be staying there on and off with my stuff?

- For my short-term course, am I able to stay with her without violating any laws? The apartment will be fully under her name as she will have the right to work and rent.

- Are we jeopardizing our long-term future (or my ability to get a visa and stay in the UK) by doing any of this?

- Would getting married or engaged help us at all?

OK. Any general advice or thoughts for me?

Thanks again.

Welcome to the forum .

The easiest thing for you to do is get married.

If you are married, you should be able to apply for a Tier 2 Dependent visa (ideally at the same time as she applies), which would be tied to her Tier 2 visa... and you could move to the UK legally on that.

With a Tier 2 Dependent visa, you can work in any job in the UK without restriction and without needing visa sponsorship, and you can also study... which would solve pretty much all the problems you mention in your post .

While it is possible to apply for a Tier 2 Dependent visa as an Unmarried Partner, I believe you must have legally lived together for at least 2 years before applying.

See here:
https://www.gov.uk/tier-2-general/family-members


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Thank you!

I guess maybe I was not reading the eligibility correctly -- I thought it implied that if I am American I would need my own visa independent of hers even if we were to get married. But if that isn't the case, it's certainly an option we're comfortable with. It would not be at the same time as her visa, since she is due for her biometrics in a few weeks with the actual visa hopefully coming soon after.

Would the short-term study + visitor option allow me to be there legally for a bit until we could get married and I could apply as a dependent? Or does it need to all happen at the same time?

But in lieu of marriage, are there other options that anyone would advise?

Thank you!

I guess maybe I was not reading the eligibility correctly -- I thought it implied that if I am American I would need my own visa independent of hers even if we were to get married. But if that isn't the case, it's certainly an option we're comfortable with. It would not be at the same time as her visa, since she is due for her biometrics in a few weeks with the actual visa hopefully coming soon after.

No, if you are a qualifying American family member, you can join the main Tier 2 visa holder in the U.K. on a dependent visa .

If she has already applied for her Tier 2 visa though, you would have to get married, wait until she has her visa, and then apply for the Tier 2 Dependent visa separately.

Would the short-term study + visitor option allow me to be there legally for a bit until we could get married and I could apply as a dependent? Or does it need to all happen at the same time?

In theory, you might be able to stay there legally with her for a bit, however:

1) it’s unlikely you would be allowed back in as a visitor right after spending 6 months here on short term study, which is also a visitor visa... as you will be spending more time in the U.K. than in the US in a 12-month period, and it could look like you are trying to use the visitor visas to live in the UK without a proper visa. Ideally you should spend at least 6 months back in the US after your 6 months of studies before attempting to return to the U.K. as a visitor

2) to be allowed in as a visitor, you would need to show you have:
- no intention of living in the U.K. with your partner
- no intention of working in the UK
- evidence of a current job back home that you will be returning to at the end of your visit
- evidence of a home you are maintaining in the US
- enough money to support yourself for the entire trip without working

3) you would have to return to the US to apply for the dependent visa as you cannot switch from a visitor visa to any other kind of visa from inside the U.K.

But in lieu of marriage, are there other options that anyone would advise?

Not really.

It might not be ideal, but getting married and applying as a Tier 2 dependent is your quickest, easiest and cheapest way of moving to the UK legally.


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Hoping to find some help at this confusing time. I am specifically trying to find a legal route to live long-term (3-5 years) in the UK.
...
My unmarried partner is also a US citizen and about to receive a Tier 2 visa to relocate to London

There are two types of Tier 2 visas-
Tier 2 General - where the applicant has to pass the Resident Labour Market Test and this visa could lead to settlement in the UK.
Tier 2 ICT (Intra-Company Transfer) where the applicant didn't have to pass the RLMT as they are only going to their UK office for a while and will then need to return home. This visa does not lead to settlement.

For both visa, if their work sponsor doesn't need them anymore and won't renew or cancels their visa-
Tier 2 General holders can look for another work sponsor, to try to continue their route to settlement.
Tier 2 ICT holder has to go home. Only those doing a job on the UK's job shortages list and can find another work sponsor or those who can find another employer to pay them a high wage (something like 155,000) can have a Tier 2 General visa to stay in the UK.

That would give me a year which hopefully in that time I can find a job under the new point-based system.

That's not quite as generous as it might seem as the UK is just creating all these laws to -

-End the EU’s Free Movement to the UK and all the European Court of Justice rulings that allowed non-EEA citizens to move to the UK.

-End their access to the UK's welfare state (for some already in the UK too);

-End their access to bill free use of the NHS

-Stop the low skilled bringing their families so that now their own EEA countries will have to provide their healthcare and schooling

 -End the EU laws and European Court Rulings, that stopped the UK stopped the UK from denying entry, deporting and ban some of these under UK immigration rules,

-bring in new laws to deport persistent offenders

etc




The new immigration laws for workers will mean that now every migrant wanting to work in the UK, will now be on the same level playing field and all migrants will be treated the same, with those using EU rules having to pass checks, pay for a visa and contribute to the NHS by paying for the Immigration Health Surcharge. But the UK will now be able to control these numbers and set the rules and with Covid-19 and now high unemployment numbers, the UK has already said that might have to put controls in place to ensure the jobs go to British citizens.

Historically, the UK have an agreement with a few non-EEA countries that lets limited numbers per year of their  18-30 citizens to come to the UK to work, albeit on a temporary visa, just as they allow  British citizens the same in their county. Some of these countries are already in trade talks with the UK.

There will still be the Tier 2 General visa for the highly skilled  that everyone in the world can try for and leads to settlement, along with all the other visas the UK already has, but the new immigration laws will mean EEA citizens who want be in the UK, will have to be under the stricter UK immigration laws.

Have her cancel her biometrics, marry (you can be married by the end of the week), then apply together.  Probably won’t even delay her visa.

It’s great that you want to do the course but REALLY investigate the cost of the course versus what you will be able to earn afterwards.  Salaries are significantly lower here.  Unfortunately you could have a lifetime of student loans without a benefit in an increase in salary.