Rule 295A of the Immigration Rules says that an unmarried partner may obtain a UK settlement visa if :-
"...........the parties have been living together in a relationship akin to marriage..............which has subsisted for two years or more."
Does anyone know how this two years is calculated e.g. the rules do not say that it must be immediately prior to the application.
In my own case I have a 10 year relationship with a Filipina and we have a 7 year old daughter. Over that 10 year period we have lived together for about 2 years as man and wife. In 2007 we tried to settle in The Phils and tried to build a house. Basically it was a financial nightmare and I had to return to the UK to work to make back the money we lost. I therefore didnt see my partner and daughter for 3 years - caused a lot of heartache!!!
I've now restored our financial position and obtained a divorce from my UK wife. However, my Filipina partner is still legally married to her Filipino husband despite not having lived with him since 1994. We thought we had got an annulment in 2003 only to find out recently that it was a fake!!!
We have a large amount of documentation to evidence our relationship and the time we spent together. I will be going there in January to apply for their settlement. I suppose the worst case scenario is that we live together for another 2 years and then apply but that seems to be harsh and not good for our daughter's education - the sooner she is settled in the UK the easier it will be for her.
Any thoughts would be appreciate and please feel free to ask any questions as I tend to think that these things depend on the particular circumstances of couples/families rather than hard and fast rules.
Many thanks
Geordie
