Switching to Unmarried Partner - Update

About as fun as nuclear holocaust.

 

Vicky

Have there still not been any returned postal test cases for switching in-country? My WP -> UP went in on Oct 20th, and I've yet to have a response. I'm not sure if my case will be relevant if they didn't start enforcing this until mid-Nov, although I suppose there may be a difference between enacting a new rule and changing the enforcement on an old one.

I haven't had any because all of mine recently have been outside of the rules cases. 

Vicky

Have there still not been any returned postal test cases for switching in-country? My WP -> UP went in on Oct 20th, and I've yet to have a response. I'm not sure if my case will be relevant if they didn't start enforcing this until mid-Nov, although I suppose there may be a difference between enacting a new rule and changing the enforcement on an old one.

And I can't remember anyone else here who falls into the category.  Switching from LTE to another visa category isn't as common as you might think and the whole system has been b*ll*cksed up over the holiday period, so almost anyone applying in that period is still waiting.  I think in UKY we might see maybe a dozen or so a year come through these boards, if that.

But, Vicky loves a fight and she is the Queen of UP, so if you do run into issues, she would be a good first stop.

Hmmmm.....

Thinking cap on....

Vicky, what if they channel hopped for a day?  Would that not result in an LTR status  when they returned if they already had extant LTE which was unspent?  And the stamp would be their most ecent arrival too, no?  Granted in-country no less 

Shock waves through Lunar House when they've been foiled again.   

Thinking caps on, peeps!   

Thought of that, and it won't work.  It can only be leave to remain if it is issued by the Home Office within the UK.  Another stamp from an IO is still only leave to enter.


Vicky

Would it count towards our cohabitation time if my partner came to live with me in the US for, say, three months?

Also, I have to say, this forum has been way better than any of the legal advice we've received in face-to-face consultations. The guy I just spoke to said than neither my partner or I could go on benefits if I got the UP, which is untrue, since the boyfriend is a British citizen (it's just me who can't). He also said my boyfriend would have to have a job for at least 3 months before we applied for the visa to show he could support us, which also isn't true given the above. It's just me who'd have to show that I could support myself while looking for work. I guess it's worth what we paid for it, though. 

Would it count towards our cohabitation time if my partner came to live with me in the US for, say, three months?

Yes, as long as you can prove he was living with you.

As for the advice...shoudl have come to me!!!


Vicky

Yes, as long as you can prove he was living with you.

As for the advice...shoudl have come to me!!!


Vicky

Good! I wonder what I can use to prove it if he comes over....hm. I'm just kind of worried about what the guy said about him needing a job before I can come over (he's a PhD student on a grant and isn't allowed to work).


And yep, you're right, I should have, so now I'm remedying that ASAP.

DON'T cancel it!

I would say that you are now a UKY test case....hopefully in 14 weeks the Home Office will come back with an approval, if not then please let me know so we can lodge an appeal.

Unless you are in a big hurry and want to leave the UK to apply from overseas...

Cancelling will mean saying goodbye to the £395.


Vicky

Hi Vicky,

Hope you're well.  Just an update... I got a letter today notifying me to make an appointment for Biometric.  I will schedule it asap.

Thanks for the update.

Vicky

I got a letter today notifying me to make an appointment for Biometric.

That sounds like a good sign - it wouldn't make a lot of sense to actively inform you of a biometrics requirement if they were going to reject the application regardless based on this new no-switching UP enforcement. Not to say that it's beyond them to do so, of course.

I assume that because my application went in pre-November that I'm not going to get one of these letters.

Hate to rain on your parade, but all applicants go for the tests, regardless of whether or not the application is likely to be approved.

Vicky

I just received my visa in the post. Everything looks to be in order, issued for 2 years, all the normal conditions of stay.

Note that this isn't necessarily a confirmation that switching from LTE -> UPV is still possible via post, since I applied in October before they started enforcing the rule.

well done and thanks for updating us.  I got my biometrics scheduled on Tuesday so I still have a long way to go I think.  Cross-fingers that my application from LTE to UPV becomes successful despite sent out in the last week of December.