US citizen to move home with UK citizen partner

Hello! This site was recommended to me by a friend, and it is amazing! I've alreday learned a lot.

I do have some questions, and will look on the forums more before I go asking them. I'm in a permanent relationship with a UK expat who will be moving back home when his job contract runs out, and I'm looking forward to it!

Well welcome to UKY!

I am guessing since you are not married you will want a civil partnership visa.
Here is the direct link to read up on it
http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/

Once you give more information I am positive someone can give more answers.
;-)

Thanks for the link. That is a big reason I'm here, to make sense of all the rules and such. The partner status is the main thing we're thinking about, and I can give more information here, but I figured I shouldn't post any questions till I looked to see if they were already answered somewhere. 

The thing we're trying to figure out is if we're better off trying to get me admitted to stay long term as a partner or a spouse. We've been together for eight years, and have records showing bills and a joint savings account. We've also owned a house together for the last four. Which do you think is better, to try to get a visa based on a longer time we can prove being together although not married, or if we are actually legally married? While they may not allow me as a partner, I'm concerned that if we do get married here, then try to move, they won't allow me because they'll only see that we got married right before the move, and won't take into account the time we've been together before that.

The thing we're trying to figure out is if we're better off trying to get me admitted to stay long term as a partner or a spouse. We've been together for eight years, and have records showing bills and a joint savings account. We've also owned a house together for the last four. Which do you think is better, to try to get a visa based on a longer time we can prove being together although not married, or if we are actually legally married? While they may not allow me as a partner, I'm concerned that if we do get married here, then try to move, they won't allow me because they'll only see that we got married right before the move, and won't take into account the time we've been together before that.

If you have been in a relationship and living together in the US for more than 4 years (and you can prove this), you can qualify for UK permanent residence (ILE) immediately.

In order to be issued ILE you must have passed the Life in the UK (KOL) test - however, the test can only be taken in the UK, so if you are able to visit the UK before you apply for the visa and take the test while you are there, you can apply for ILE (unmarried partner visa application, but requesting ILE) and will have permanent residence right away.

If you are not able to take the test in the UK before applying, you can apply for an unmarried partner visa with KOL Req'd stamp - this allows you to apply for ILR (permanent residence, applied for while living in the UK) once you have moved, as soon as you have taken the test. You will need to request this on your application and provide proof of living together for 4 years.

If you had not been living together for 4 years, you would not be able to qualify for ILE/ILR until you had been living in the UK for 2 years on an unmarried partner visa.

From the visa application guidance(http://www.ukvisas.gov.uk/en/howtoapply/infs/settlementguide#87144682):

If you and your unmarried or same-sex partner have been living together outside the UK for four years or more and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter. These requirements include showing that you have the necessary level of knowledge of the English language and life in the UK (see the relevant section of this guide for more information).

You're worrying over nothing, they won't care when you got married. Coming as a spouse has the advantage of a shorter residency period to citizenship; spouses only need to be here 3 years, while unmarried partners need to be here 5 years. The way things stand right now, both the spouse and unmarried partner visas will give you 2 years leave to enter and then you apply for permanent residency (aka ILR, indefinite leave to remain). The civil partner visa is for same-sex couples who have had a legal ceremony in the UK or its equivalent abroad.

Edit: D'oh, of course ksand is right, ILE is the best option!

Thanks for the replies and info! I'm probably being paranoid, from some of the immigration horror stories I hear, and forget that not everybody does things like the US does them.

Just FYI on the should we get married before we return question.

As was stated before, it shouldn't matter.  ESPECIALLY since you've been living together in a house you bought together for 4 years and can prove it.  My husband lived with his first wife in the US for about the same time and returned to the UK just months after they got married.  There were no issues.

Just FYI on the should we get married before we return question.

As was stated before, it shouldn't matter.  ESPECIALLY since you've been living together in a house you bought together for 4 years and can prove it.  My husband lived with his first wife in the US for about the same time and returned to the UK just months after they got married.  There were no issues.

How long ago was that?  And do you know anything about the visa situation?  Immigration stuff changes at the speed of light, what worked for someone just a few years ago won't necessarily work for someone else now. 

If they feel like getting married in the US, before moving, its up to them. Period. 

The point is that they have the evidence to back it up in the fact that they've lived together for four years and own a house together. 

I know Visa immigration changes constantly. If you want to base it off of that, then there's no point to this section.   Why not question the first person that said it shouldn't matter in response to the original post.  I'm giving an example of what from my husbands personal experience, just like everyone else sharing here.

If they feel like getting married in the US, before moving, its up to them. Period. 

The point is that they have the evidence to back it up in the fact that they've lived together for four years and own a house together. 

I know Visa immigration changes constantly. If you want to base it off of that, then there's no point to this section.   Why not question the first person that said it shouldn't matter in response to the original post.  I'm giving an example of what from my husbands personal experience, just like everyone else sharing here.

Personal experience is great, as long as it's relevant.  If it's too old, it's not relevant, and can actually be damaging because it leads people to believe that they can do things that are no longer possible.  If you want to advise on the visa process, it might be a good idea to read the relevant guidance and keep up with the changes and with the different types of visa options. 

Personal experience is great, as long as it's relevant.  If it's too old, it's not relevant, and can actually be damaging because it leads people to believe that they can do things that are no longer possible.  If you want to advise on the visa process, it might be a good idea to read the relevant guidance and keep up with the changes and with the different types of visa options. 

Understood, and I did. What I was referring to was that it shouldn't matter if they decided, say on some trip to Vegas, that they wanted to get married after years of just living together, and then decide to move to the UK, because they have 4-8 years worth of evidence to show that it wasn't a sham. They don't give a minimum time to be married before you can apply, just that you must be, or in a registered civil partnership.

Since it seems they aren't a registered civil partnership: I'm including the link with the genral requirements.  There were great posts earlier with options.

http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/husbandswivescivilpartners/

Welcome to UKY 

Thanks Phatbeetle and Sheriam! We'd actually rather do a marriage service in the UK so his family can attend, and mine can't. We picked out a lovely place to have a small ceremony in his home town the last time we went for a visit.

Hi,
I just want to add my welcome to UKY. Hope you find answers as you need them on the board and we look forward to hearing about your journey as you make it.