Switching to a Parter Visa - still possible?

Hi all,

I posted a question awhile back about switching from my current work permit to a partner visa or marriage visa depending on where things were in 2009 (my British boyfriend have discussed marriage). Come March 2009 I will have lived with my boyfriend for two years. I was thinking of going ahead and changing to a partner visa but have been reading recent posts from Victoria and Garry that changes are ahead related to this and that they will make it pretty impossible to change. Is this true? Also, I will need to be able to work while the application is processing which I think Garry mentioned was set to change but I can't find anywhere online when these changes are coming into effect. The Home Office website offers no clarification on any of this.

Lastly, I've read advice on this site not to apply in person. Assuming I can still switch without issue, I know I will need to give up my passport for the application and I travel for work ALL THE TIME. Can anyone tell me what the average processing time is (ie, when I can expect to have my passport returned)? I am contemplating doing the mail app anyway as I don't really want to spend 200 pounds more than I need to but am worried that will be impossible with my work travel.

In the end, I'm in a bit of a panic about the changes being proposed for 2009 and am trying to decide how to best ensure I can get PR eventually. I have a 5-year work permit and I've been here three years but it sounds as though the new legislation will extend the period I have to be in the UK before I can get PR which will mean more headache for me later. Any advice appreciated.

Thanks in advance!

It boils down to a nasty issue of semantics.  If your immigration status is based upon an in-country application, you're ok, otherwise they will not allow the in-person switch to UP.

The Camden Community Law Centre http://www.cclc.org.uk/ is leading on it.  They have done a text search of every piece of immigration legislation, and the only reference ever made to the difference between LTE and LTR is a cursory description in 1971.  So they are taking it up with the UKBA Policy Unit. 

You seem to be asking Victoria and Garry if things we have said are true!  Obviously we are going to answer that they are!

Are you planning a trip to the US any time after March?  If so, just make an out of country application.  Or marry.

Vicky

I'm not doubting you, Vicky. I'm just trying to get clarification on some elements of this. When does this go into effect? Will this be in effect in March? If it's not, then will I be able to work while this processes and when can I expect to have my passport back in hand if I do a postal app. I am not trying to insult anyone's past comments or replies: this is my life we're talking about and I want to make sure I understand the specifics.

As the other thread states, it is in effect now, and you therefore cannot switch to UP if you only have leave to enter.


Vicky