straight couple seeks unmarried partner visa...

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.

This is sound logic!  It makes sense that one cannot be in a long-term relationship without being settled in the same place.  *BUT* the IND has this to say about it:

Where a couple claim that they have maintained their relationship during the 2 year period by merely visiting each other as often as they can, this will not be sufficient to satisfy these provision of the Rules. However where a couple have been living together in a committed relationship for the preceding 2 year period, barring short breaks, but have been dividing their time between countries (for example, by using the "visitor" category), this will be sufficient to meet the requirement. (http://www.ind.homeoffice.gov.uk/ind/en/home/laws___policy/policy_instructions/table_of_contents/chapter_8/annexes_-_a_-_z__/annex_z_-_common-law.html)

which basically means that it's ok to slip under the wire doing your time as a visitor; and I don't see anything else in the rules to dispute it.  EXCEPT for that bizarre case in Scotland earlier this year where an American family got an AR - but that had to do with ILR rather than UP.   

Still, Lolabola, it's likely that an ECO would pursue your logic.  Let's hope her bf has got a damned good salary.  Cuz if I can see the fly in the ointment, it's for sure they can too...

I am very very lucky that my partner owns his second home, has gotten me on his private heath care and can be considered to have a very good income, one that is more than enough to support the both of us for the last two years, and forever if we so chose. I have two years of paystubs from his media employer stating exactly what he has earned, I myself have been researching and working on a book during my stay here, and have had no  employment. My visa stamps have nothing out of the ordinary, infact I was honest from the get-go and was stamped with a hand signed visa for my first long visit for six months total inclusive ( not the standard issue rubber passport control stamp.)I have clearly indicated my buisness, my partners name, his address and our phone number. I have raised a few eyebrows at the airport but I frequently travel with my partner while he is working ( he is a cameraman) and between the two of us have always maintained an honest and forthright rapport with whatever officer we have encountered.We have never been detained for so much as an hour.There are no flags or marks toward my passport visa, I have talked to the consulate in Israel and they ran a check and I came out perfectly clean, with no commentary on my frequent visits being flagged. My partner and I have the same stamps as we have traveled together for so many trips, We have joint accounts, doctor bills wedding invitations, holiday snaps etc etc, two binders full and than some.As far as the wedding goes...I have been told by various people in home office and otherwise that I should just get married or get pregnant ( no, seriously. And I reported her.)I was also told by a home office worker that 'we could just get a divorce after I had my residency/working visa after two (or four... I forget) years.'And yes, I reported him also. We feel pressured and pushed, and with the divorce rate these days...I think I should get married when I feel ready, what a thing  to hang over a couples head, ' they got married before they felt ready because a visa demanded it.'I can speak for many other young professional couples when I say that four or five years of cohabitation as a commited couple without being married is acceptable and I dare say commendable, as opposed to the three-month-couple that will split within the first year. I have a Masters degree ( although I am frustrated and my spelling must make me look like a third grader..I rely heavily on spell-check)And we don't plan to have children. We will eventually get married. I just didn't want to do it by next Thursday. And isn't that or shouldn't that be my right?I love my partner dearly, he is the light of my life...but Home office has effectively made me feel  that I am worthless here if I am not married to a citizen. I love England...I feel it is my home.   I am just  exhausted with the conflicting information I have been getting ( although dear readers...you lot have been by far the best source of information so far.) Pardon my tone here, i mean no offense. I seriously thought that I would have been stopped from entering, if the UK did not want me to enter.

I can understand your not wanting to be rushed into marriage...that makes sense and I don't think anyone would question that. 

Based on what you've gotten here, I really would suggest you consult an attorney.  There's too much of a grey area in your situation for any of us to give you really cut-and-dry advice and I'd hate for you to rely solely on what you've read here (though we all do try to be helpful!) and end up being needlessly separated from your boyfriend/fiance/partner for a long time.

Honestly I do believe you can plan your dream wedding in six months. And you can start today before you even get your fiance' visa. But the truth is you need to do what you are most comfortable with. I wish you luck in whatever path you choose to pursue.

Helena

My desire was much simpler - my husband and I would have loved an Autumn wedding.

We were married on the first day of Spring.  It was that or...well, the alternative just wasn't an option.

 

I agree with HG... you can plan an elaborate wedding in 6 months.  We set our date on 2 Feb 2003 and were married on 27 September 2003, so we had just around 8 months to plan the full-throttle wedding...and we did! 

How much time is left on your current visitor's visa?  If it's a reasonable amount of time, start your wedding planning now and return to the US when your visa expires.  Once in the US, apply for your fiancee' visa (and you can request that it be postdated if your wedding is a while away and you won't be returning to the UK more than six months before the wedding...can't hurt to ask!).  Once the fiancee' visa is in order, go back to the UK and continue your wedding planning and get married.  OR you can get married now, on a visitor's visa (though that will entail getting hitched at a registry office, more than likely) and return to the US for your spousal visa.

No matter what you do, I really would suggest you talk to a professional about this.  I don't think a fiancee', spousal, or UP visa is a forgone conclusion for you, so you need to make absolutely sure that you have all of your ducks in a row before you apply.

Thank you for all of the frank, honest and informative information to everyone who has replied to my posts...I am calling a soliciter in today...time to fight fire with fire. I WILL  get this visa. I think the support offered for all of the new mums, couples and new, excited and nervous people here is wonderful, I am very impressed by how informed everone is and how hard everyone seems to be trying to do the best they can legally, and how supportive everone is to the new people.
Cheers!

I read that a visa can be given the same day...does anyone know if NY consulate needs to background check Home Office Uk, or is it as simple as just going to the consulate and talking in person when you have your appointment? I am only in NY for a couple of days, I am not sure how long all of the cross checks and things would take.( I applied for a work permit ages ago, I don't know if that will drag things out, I was denied on the basis that the employer didn't advertise enough, not for anything I did.) Do I have a number there, sort of like a social security number?

It should happen same day..how ever the NYC is appointment only....so be sure you set up an appointment before you travel to NYC

Helena

You can make your appointment on the consulate's website two weeks in advance.  I've heard a few stories of people who didn't get their visas the same day, but that was usually because something had to be faxed over from the UK or because they just needed further info.  If at all in doubt, make your appointment early in your visit so you'll have time to answer all of their questions if there's a delay.

I was denied on the basis that the employer didn't advertise enough, not for anything I did.) Do I have a number there, sort of like a social security number?

If it was an in-country WP application and you had unspent leave at the time of the application, then you do not need to put it down on the VAF form.  Otherwise you would have received an "FCO Reference Number", which you would need to put on the form.

The financial situation you described sounds very strong; with a competent advisor, your application should be a breeze...

[font=Verdana]I got it!![/[/b]font] Walked in paid my fee, handed over all of my info...two hours later...they said to come and pick it up!!

Now I need to know...how do I go about getting all legal to work? I have already had a job offer with a local firm...now I need to get my National Health number sos I can pay taxes and all!

thanks for the info!! Coming thru imm. at the airport saturday was fantastic...my cue was by far the shortest!!

[font=Verdana]I got it!![/[/b]font] Walked in paid my fee, handed over all of my info...two hours later...they said to come and pick it up!!

Now I need to know...how do I go about getting all legal to work? I have already had a job offer with a local firm...now I need to get my National Health number sos I can pay taxes and all!

thanks for the info!! Coming thru imm. at the airport saturday was fantastic...my cue was by far the shortest!!

congrats!!!!! and you are already legal to work-- you don't need your national insurance number before you begin work!!

Congrats!!! Just out of curiousity... did you use a solicitor or just go it alone?

And as Helena says, you are legal to work now. Make an appointment to get your NIN but you don't need it to start a job. They can issue you a temporary one. See some of the other posts in this forum on NIN interviews, etc.

I ended up not getting a soliciter in the end, the guy we spoke to at the consulate didn't seem to think that it was needed, he mentioned that having a soliciter present dosn't always make them look favorably upon the application, it can complicate things even more and make investigations into documents take longer.As long as we were honest and totally over-prepared with documentation ( a few people there only had a little folder or two, my partner and I had a giant 5 kg binder with every concievable thing in there.) they  took the folder off me and said that they would examine it later ( this surprised me because I thought they would need me there to explain everything) and that was that.
  They did remove and keep personal declarations from friends and family, stating that we were in a loving and commited relationship for over two years. It was mentioned to me that my name on the deed or on our will would have clinched the deal...just having stuff linking us to the same address was not enough. As our caseworker put it..." just because you share the same address doesn't mean you are in a relationship." Our photo's were examined as well as letters addressed to  the both of us, R. my partner was a clever boy when he just printed a list of e-mails...not every single one...I mean some of thoses were very personal! All in all not as bad as I thought it would be...and a week in New York was a fun and distracting way to pass the time and catch up with friend as we waited for the countdown.
Thanks everyone!
 question...how long is my temp NIN number good for? ( I am dreading another grilling just before the holidays, can I put it off for a few months?)
ALSO...All I got in NY was my pretty little new visa in my passport...do they send me a letter stating my new status as a matter of course, or do I have to request one?
I forgot totally that I was issued a temp # when I worked for a month while a previous work visa was pending and eventually denied, I got a p60 and everything...but this was before this visa was issued. The employer thought that this was legal and Home Office informed him that it was not so the job was terminated post haste. According to the employer Home Office knew about my presence at the job...but I don't have anything from  H.O. if this issue comes up at this interview. I don't even know who told my past employer this...I'm not sure if this issue or that ghostly past p60 will come floating to the surface during this process.Everything I have read since that job says this was not on...( please readers, this was a mistake I made 3 months in...I knew about a millionth of what I know about this stuff now.)But if my past employer is telling the truth ( and I totally assume that he is..)Should I have him write me a letter explaining all of this? He is a JP I should add...
Thanks to all if you manage to plough through my ponderous blogs!!