straight couple seeks unmarried partner visa...

Hi there, pardon me for waffling but I don't know where to begin!!
I met my parner, ( we are a straight couple in our early thirties,) two and a half years ago in America. I am an American citizen, he is English. I came here to stay here with him on a visitor visa two years ago (and then some) and have been staying here (England) with him, not working, just trying to get some time under our belts so we can get the proper visas.
  We plan to get married in the future but being an international couple this marriage will involve the origanization of Ozzies, Russians, Americans and assorted guests from around the globe...we also  really want to wait untill out two best friends finish pregnancies and the babies can travel to see us as well. I have made an appointment with the NY consulate in two weeks and we are going to apply for a two year unmarried partner visa...but the more I read is this a possible visa to get as a straight couple? I have never heard of an opposite sex couple applying for/being accepted for it. I have bank statements for myself and as a couple, doctor bills and etc, I am on his private healthcare and he owns his home here in London.I can prove that I have been here living with him for two years.Is it possible?
  Secondly...if I am refused can I apply for anything else at the same time?
Thirdly...if they refuse this visa...can I get back into the country as usual...or will I have flagged up any warnings because I was refused entry clearance?
  If I just say sod it and try for a fiancee visa and we try to rush the wedding, ( and sadly deny many of our guests the opportunity to visit us...)Will they argue with me that the two visa applications contradict each other?

The time draws near and I really need to know if I should bother trying for the two year or just jumping to the fiancee visa...I just found out about this site and any ANY help would be so so much appreciated!!Thank you everyone who posts here...this site is a godsend!!

Plenty of opposite sex couples have been granted Unmarried Partner visas.  So that's not a problem.

But my query would be - how have you been staying in the UK for over 2 years?  Are you here as a student or did you get an actual visa as a visitor which was good for 2 years?  Because your biggest problem is going to be that if you've racked up the 2 years by being in breach of the immigration rules, you probably won't be granted the visa.

The first and most important question is: have you been here continually on your first visitors visa? And if so, aren't they only good for 12 months? If that's the case, you could be in trouble as you will have overstayed your visa.

I think we need more info from you before offering more advice but to answer your questions, unmarried partner visas are easy to get for straight couples - IF YOU HAVE BEEN HERE LEGALLY FOR THE 2+ YEARS!

I came here to stay here with him on a visitor visa two years ago (and then some) and have been staying here (England) with him, not working, just trying to get some time under our belts so we can get the proper visas.

Of course opposite sex couples can go the UP route.  And if you can clear the two year hurdle, you'll be fine.  The only apparent glitch is your immigration status during those two years.  What visa are you on now?  Its issue and expiry dates?

Hi Jill and welcome to the site!

I originally came over on a work permit, got married in the UK and then re-entered on a Spousal Visa (issued in NYC)- so I don't have much input about the unmarried partner visa but I *know* there is another site member who was successful in that area. I'm hoping she'll see your post and reply! She was in the UK on a student Visa and lived with her partner for the entire time- which is how she fulfilled the time requirements.

 I am not a immigration professional at all hehe But many situations come to mind where people with the best of intentions applied for Visas and failed on the basis of residency. I think my only immediate concern for your situation is that you say you've been staying here in the UK on a Visitor's Visa. My impression is that they are maximum 6 month stay? I've seen many people have trouble with staying in the UK by leaving and coming back again...etc. It was an option my hubby and I didn't choose because we didn't want anyone in Immigration to get the impression that I was trying to get around the rules.  Have you left the UK to return to the US at all? What did you tell them your business was when you reentered?

I wish you the very best of luck with your future! I'm sure you'll find loads of useful information on this site!

Regards,
Jen


PS- modified to say ...Sorry! Lots of my thoughts were mirrored by our fellow members while I was completing my longwinded post! Didn't mean to repeat hehe

Sounds to me like you've been *VERY* lucky so far not to have been deported.  You're only allowed to stay on a visitor's visa waiver for six months out of 12.  Leaving and coming back as you have done isn't technically legal.  I would suggest you need to contact a soliciter or immigration lawyer as your situation is a bit more complicated than most. 

Had you been living in the UK on some sort of visa that allowed you to be here (such as a student visa, for example), you wouldn't have any problem with the unmarried partner visa.  They are for straight and gay couples equally.  I know of several straight couples who have gone this route.

By applying for this visa though, you will be raising alarm bells.  If you haven't obeyed the rules so far, the Home Office is less likely to think you'd play by the rules if they granted you a visa.  They may very well refuse you the visa on this basis.  I know it sounds harsh, but if a wedding is that out of the question which would allow you to apply for the spousal visa (this would be the simplest solution though if you've overstayed your visa waiver even that might be on shakey grounds) then I'd highly recommend that you get some legal advice.

I am going for the same visa, only in LA in Jan.  I do agree with everyone else that your repeat visits could spell some trouble.  But I would think as long as you were let in each time by the imigration officer then you've done nothing wrong.

Look, we're all in the same boat.  We all get so worried because we look at all the requirements for the Visa and see like one thing that might be a problem and get all worried.  I do.  I was worried for a while that I'm in a straight couple relationship, so I asked the same queastion as you.  Now I'm worried about trying to get together all my paperwork to show that we've been together for two years.  But I am sure I will get everything together in time and be fine. 

This sight is filled with alot more success stories than not.  If you do everything right and remain confident you will be writing us all in no time to tell us you're coming home!

Well, ignorance of the rules won't help your case.  I'm really surprised you were allowed in on so many separate occasions.  What questions did they ask you?  I'm willing to bet there's some sort of notation in your passport because you were going in and out so often...do any of your entry stamps look weird?  And there's no visa for dating a UK citizen...in the eyes of the law, you're either visiting them, engaged to them, or married to them.   

I think applying for a fiancee' visa is your best bet.  If I were in your situation, I'd be wary of applying for an UP visa because you've technically violated the immigration rule stating you can't spend more than six months of a year in the UK on a visitor's visa.  If you have all of the documentation for the UP visa, you should have everything to apply for a fiancee' visa.

Not to be rude, but you SHOULD have known the visitors visa is only 6 months. Look in your passport. There are dates written in on the stamps. What do they say? What does the very first one say?

That immigration did let you in so many times is highly unusual. There are several people who have been on this site who have been deported as a result of this type of thing.

Your box of papers showing you've been living together may be utterly useless if you were here illegally in the first place. I'm not sure that immigration NOT catching you will help you or hurt you.

I echo others. You need to get an immigration lawyer and you need to get one fast!

My fear is that I will be rejected on all counts now...and that we won't even be allowed to marry or be together or something, all because I didn't know that my visitors visa isn't good six months back to back, only six months out of the year or once in a while or whatever.

It's good to remember that the 6 months out of 12 is a constructive rule rather than law.  There's lots of American visitors who are in and out constantly and whose time in the UK adds up to more than 6 months.  However, those visitors generally have a reason to be here, which is usually business related. 

A two year run for a trial relationship is likely to likely to raise eyebrows, but I don't see anything that rules it out.  But you can take it on board that it's cases like this that get their backs up and ultimately make it more difficult for all Americans to have trial relationships here.

Regardless of which route you go:  UP, fiance, or spouse, I would offer the idea that your application have a very strong financial and accomodation case from your bf.   Why?  Because, if it's a weak financial case from your bf, they will (quite rightly) think that you were working during your time here.  And that's a show-stopper.

The other thing that comes to mind is if they decide to delve into it, it might pay to think up a convincing reason why you were in the UK for that length of time.  The notion of waiting for friend's babies to be born is weak, especially over the course of 2 years.  As for having lots of international guests, even the royal family weddings don't take that long to arrange.

Finally, to your question about refusals:  if you are refused you can appeal, but if you apply again while the appeal is in progress, they consider that you have abandonned your appeal.  And for your other question about applying at the same time:  you can apply for anything you want as often as you want, BUT they have to be made 1 at a time.  Hope that helps!

I thought you had to be living in a relationship "akin to marriage" for two years in order to get an unmarried partner visa? Not sure how it would be possible to prove that that's what you've done when you've been here on a "visitor" visa....

I hate the idea of going to the registry office to do this just because immigration seems to think this is the best course of action.

I think you'll find a ton of people here who have had really lovely registry office weddings (myself included) followed by parties here and in the US.... Why not get married in a registry office in a nice intimate, romantic ceremony (trust me, and I speak from experience, saying vows in front of a few close friends in a pretty registry can be very, very special) and then have the blow-out wedding you want dressed as a blessing at a later date? My wedding (and party a week later) felt every bit like a wedding - the dress, the cake, the first dance - the works. 

My BF has an unmarried partners visa.  I can answer any questions you have about documentation and whatnot. 

If you are trying to decide which visa you want, the UP one is actually better for certain things.  A fiance visa only lasts for 6 months and you cannot work while you are in the UK on a fiance visa.  The UP visa is good indefinitely and you can work, just like a spouse can.

With that said, you need to contact an immigration attorney, immediately.  You may have really hurt your chances by overstaying.  Either because they won't issue you a visa period, or you may not be abe to use your documentation for the UP visa.  I would find out your options from an attorney, before you just filed an application.

Hello -

I have successfully applied for an unmarried partner visa (as a heterosexual).  My situation was somewhat similar to yours - I was in the UK for 6 months on a BUNAC visa, then right before that expired I applied for a 6 month visitors visa (which I recieved), when that was about to expire I flew back home for about 4 weeks then came back and was stamped with another 6 months...  I applied for my UP visa from within the UK, and received it approximately 4 weeks later.

Just for your info, you CAN legally apply for the unmarried partner visa while in the UK as a visitor (this is different from the spouse visa, for which you must've been in the UK on a visa longer than 6 months to apply from within the UK).  A lot of people don't realise this.

No offense to anybody, but I think a lot of the previous posts will make you more worried than you probably need to be (although it is well worth taken on board the comments that have been made).  As Garry says, the 6 months out of 12 is a constructive rule rather than law...

The biggest hurdle in applying for an unmarried partner visa (in my opinion) is evidence.  Make sure you have all the evidence they ask for (and then some!).  Make sure the evidence shows that you have been living together in a 'relationship akin to marriage' for the past two years (it won't make a difference that you were only on a visitor's visa, as long as you were living together).  If you can prove this, then you shouldn't have much to worry about!

I HIGHLY HIGHLY recommend you read both the Immigration Rules (http://ind.homeoffice.gov.uk/ind/en/home/laws___policy/immigration_rules/part_8.html) and the IDI's (http://ind.homeoffice.gov.uk/ind/en/home/laws___policy/policy_instructions/table_of_contents/chapter_8.html) in relation to the unmarried partners visa.  This will give you an idea of the law and how it is applied.

I think a "relationship akin to marriage" would imply that both parties are settled in the same country.  On a visitor's visa, one has no right to settle in the UK.  I think Jill was just really really really lucky to have been granted entry every time she tried to enter the UK for two years.

Your situation, saraliz, was different because you were here on a BUNAC visa first, not a visitor's visa.  So your second trip in was really your first trip in on a visitor's visa for that year...if I'm understanding you correctly.

I think a "relationship akin to marriage" would imply that both parties are settled in the same country.  On a visitor's visa, one has no right to settle in the UK.  I think Jill was just really really really lucky to have been granted entry every time she tried to enter the UK for two years.

Your situation, saraliz, was different because you were here on a BUNAC visa first, not a visitor's visa.  So your second trip in was really your first trip in on a visitor's visa for that year...if I'm understanding you correctly.

I also post on another board and know of someone who racked up their two years from visitors visas only  (she would go to his country, then he would come to hers, etc.).  They were accepted as have others who have spent part of the two years on a visitors visa.  Relationship akin to marriage just means you were living together as man and wife and doing partner type things, it has nothing to do with your visa status.