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Topic: Switching to Unmarried Partner - Update  (Read 31693 times)

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Re: Switching to Unmarried Partner - Update
« Reply #120 on: May 12, 2014, 04:34:50 PM »
Can we have an update on this please?  It will be 2 years this October of me being in the UK.  I have been with my boyfriend for 3. I have lived with him off and on for the 2 years, during a study abroad, then a student visa.  Now I am here under a Tier 2.  My name is not on any of the utilities or lease, but I have been getting mail here for the last 2 years, things such as phone bill, bank statement, university correspondence. Would those items work as proof of living together for the 2 years?

You have to show you are living together in a 'relationship akin to marriage' - so basically, you are in effect a 'married couple', just without the legal marriage part.. so, you live together as a couple, you are in an ongoing relationship, you share expenses and bills and responsibilities etc.

Ideally you want to have your name on bills/tenancy agreements, but mail addressed to both of you at the same address for the 2 years may suffice.

The only thing is that you say you have lived with him 'off and on' for the 2 years. To qualify for the visa, you have to have lived together for 24 consecutive months... so it may depend on the exact nature of your time living together (i.e. how much off and how much on - was his address your primary residence?) as to whether you qualify - and what evidence you are submitting.

Also, I have to wait 5 years before I can apply for settlement?  Can I do this with 2 years of a student visa and 3 years on a work visa, or does it all have to be on one visa?  

It's 5 years on one visa type only.

Time on a student visa cannot count towards settlement, so your first 2 years don't count.

So you either have to spend 5 years on a Tier 2 visa OR 5 years on an Unmarried Partner visa to qualify for settlement. You cannot combine the time on Tier 2 with the time on the Unmarried Partner visa to make 5 years.

So, if you DO NOT switch to an Unmarried Partner visa, you can apply for settlement 5 years from the start of your time on Tier 2 - as long as you can meet the requirement for ILR (I believe you have to be earning £35,000 per year to qualify on Tier 2). Once you have ILR, you have to hold it for 12 months before you can apply for citizenship.

If you DO switch to an Unmarried Partner visa, then your 5 year count to ILR re-starts and none of your time on Tier 2 will count towards settlement. So, you will be able to apply for settlement after 5 full years on the Unmarried Partner visa status. Once you have ILR, you will have to hold it for 12 months before you can apply for citizenship... unless you marry your partner, in which case, you can apply for citizenship right after getting ILR.
« Last Edit: May 12, 2014, 04:40:11 PM by ksand24 »

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