Living 'illegally'? in the UK

Hello everyone,

I moved to the UK to join my parter last year but never applied for entry.  I have been travelling back and forth frequently between the US and UK over the past year, so essentially I am a tourist(?).  My question is this, he and I have decided to make this a permanent arrangement and I am now at a loss as to how to make it a legal arrangement.  We have no plans to marry, but intend to live together indefinately.

Will I be asked to leave the country if I apply to remain?  I am a freelancer so I don't really care about work visa's etc.  I am just concerned that if I continue doing this, I will be deported and this is my only residence.  I would hate to lose my home and my partner.

Any advice or direction on legal assistance would be greatly appreciated.

Many thanks,
-L

Hi Lorrie,

It doesn't sound like you're doing anything illegal.  It's perfectly legal to enter the UK multiple times and it doesn't sound like you've overstayed as a tourist.  Be aware that entering the country frequently can arouse the suspicion of immigration officers and they can give you a hard time and/or refuse to let you in if they think that you're trying to settle here or think you won't be able to support yourself during your visit.

If you want to live here permanently, you'll need to go back to the US to apply.  Since you haven't been living together two years, you won't qualify for the unmarried partners visa.  You can apply as a fiancee' (you'll need to get married within 6 months of entering the UK and can't work until getting married and receiving your FLR), a spouse (you can get married in the US -- your partner won't need a visa -- and then apply for your spousal visa, which gives you the right to work right away), a student (must be enrolled in a UK university as a full-time student), a work permit (you'll need to find an employer to sponsor you), or a highly-skilled migrant (if you qualify).

It sounds like the fiancee' or spousal visas are really your best option if you aren't interested in a work permit and aren't a student. 

Lola's right.  You can't just come here and live indefinitely w/your partner.  You MUST have some type of visa that allows you to stay here longer than 6 months.  Sorry, but being in an international relationship does have its caveats, and one of them is immigration.  A lot of us had to speed up our plans or get married b/c at the end of the day, we wanted to be w/the partners we love indefinitely and this is by far the most straightforward way to go about it.

You haven't met the criterion for an unmarried partners' visa, and going back and forth is playing a dangerous game b/c it may result in your being removed from the country.

also you say you're a freelancer.

if you do ANY freelance work over here without a visa....you're gonna get in trouble!! 

Thanks for all the input. Marriage just is not an option really... both of us have been married previously and divorce has left a bad taste. 

I do freelance work but my clients are all in the USA.  I had no idea that would be illegal.  I figured as long as I wasn't taking a job from someone in this country, it shouldn't matter if I continue working while here.  Am I wrong?

-L

Is there not a reason she could not after two years of being on repeated tourist visa, then apply for an unmarried partner  visa?  Or perhaps consider one of the work visas mentioned?

I do freelance work but my clients are all in the USA.  I had no idea that would be illegal.  I figured as long as I wasn't taking a job from someone in this country, it shouldn't matter if I continue working while here.  Am I wrong?
-L

Yes you are I'm afraid, although it's a common misonception. You cannot do any work here without the proper visa, wherever your clients are.  You must apply for one of the visas Lola has suggested.

I do freelance work but my clients are all in the USA.  I had no idea that would be illegal.  I figured as long as I wasn't taking a job from someone in this country, it shouldn't matter if I continue working while here.  Am I wrong?

Probably.  They have it in mind that if you are here and working, then it's a violation.  The notion that you work here automatically assumes that you are taking someone's job, even if your clients are offshore.  It can get more complicated because there's a good bet you are also working outside of the VAT scheme.

On the other hand, there are some exceptions, like selling insurance for example.  But those have to be reported anyway.

Isn't there some type of visa for freelance writers & artists?

Is there not a reason she could not after two years of being on repeated tourist visa, then apply for an unmarried partner visa? Or perhaps consider one of the work visas mentioned?

Time spent as a visitor doesn't qualify as living together for an UP visa.

Isn't there some type of visa for freelance writers & artists?

Yes but it is hard to get, you have to be very well established as an author or creative artist.  It's not just for anyone who wants to work freelance.

Yes but it is hard to get, you have to be very well established as an author or creative artist.  It's not just for anyone who wants to work freelance.

As I thought.  I knew you had to be able to prove some income from it & I wasn't sure what else.  Not sure where lorriek might be in terms of her freelance career, but I thought it's a possibility.

It's all so very complicated.  So, basically what I am to understand is that I cannot be here legally unless I leave the country and apply to come back in and I have to be either married or engaged with intent to marry in 6 months?  There is no other way at all?

I hate the idea of marrying for immigration reasons.  I mean otherwise it would probably not be something we would chose to do, ever.  Some people do well being married and some of us freak out and feel confined even though it's all the same in practical application.  Just feels different.

I am still a US tax payer.  I live here for all intents and purposes and have been doing so for over a year now.  Does the unmarried partners visa only work for people who are here on visas that are not tourist?  

Many thanks,
-L

It might be worth looking into, details are here:

http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1018721068172#Q11

I am still a US tax payer.  I live here for all intents and purposes and have been doing so for over a year now.  Does the unmarried partners visa only work for people who are here on visas that are not tourist?  

Many thanks,
-L

Even if you move over here on a visa you will still be a US tax payer - it's one of the perks of being a US citizen for life.  But yes, an unmarried partner visa only works for people who are here on visas that are not tourists...or for people who both live in the US together (both not tourists)...sorry!