Planning to apply for Unmarried Partner Settlement Visa

[Bozzoangel]

HI ALL,

My name is Angel and im a new member. Ive seen this website is very helpful to some other people with queries, and i hope u can help me too.

Me and my British fiance are planning to apply for unmarried partner visa. We've been together for almost 5 years altho we didnt live together in the same roof coz of our job. I worked in dubai and he's working in UK. but we see each other 2x a year.
We chat online and exchange emails all the time.
I am still legally married but applied my annulment 5 years ago and still waiting for the decision. Now, my partner wants to try to apply for this unmarried partner.

My questions are:

1) The refusal of my tourist visa last year will affect my application for unmarried?

2) would that be possible even if we didnt live for 2 years in the same roof altho relationship is continuous

3) ECO will not ban me if i apply for unmarried partner after the refusal of my tourist visa?

Hope somebody could help me to answer my queries and enlighten me before i apply the said visa

Thanks a lot and have a good day

[joebloggs]

1) no a refusal shouldn't effect you getting an unmarried partner visa
2) i dont think you qualify for a unmarried partner visa -

What do they mean by a relationship ‘akin to marriage’?

They mean that the relationship must be similar in its nature to a marriage. This means a high level of commitment to the relationship to the exclusion of other similar relationships. It means an intention to live together, to build a home together and grow old together. It is intended to exclude relationships, which are not committed.


What is meant by the phrase "have been living together in a relationship, which has subsisted for two years or more"?

In order to meet this requirement, the Home Office (or entry clearance officers at British Diplomatic Posts) will expect the couple to show evidence of cohabitation for the two-year period preceding the date of application. Short breaks apart would be acceptable for good reasons, such as work commitments, or looking after a relative which takes one partner away for a period of up to six months where it was not possible for the other partner to accompany.

The most straightforward application will be one in which there is evidence of 2 years cohabitation. Where a relationship has subsisted for 2 years but you have not cohabited throughout (e.g. some time spent apart due to living in different countries) then your application will be scrutinised carefully but you could still succeed. If you are in such a situation, it is suggested you seek legal advice to ascertain the chances of success.

If you have been separated during the two-year period it is necessary to show that the relationship has continued throughout that period by visits, letters/emails written and phone calls made. It is likely that a relationship based on occasional short visits followed by long periods of separation will not succeed.

Immigration Directorates' Instructions (IDIs)
Chapter 8 Section 9 (Unmarried Partners - definition of "a relationship akin to marriage" Annex Z).


How do I prove that I have been living together in a relationship for two years?

The Home Office caseworkers are told that they should be looking for "conclusive evidence of the relationship". It is suggested that the following types of evidence would be useful: -

Evidence of any joint commitments (such as joint bank accounts, investments, rent agreements, mortgage, death benefit, etc).

Correspondence which links the partners to the same address.

Any official records that show that they live at the same address (e.g. doctor’s records, DSS records and National Insurance records.

any other evidence that adequately demonstrates the couple’s commitment to each other.

http://www.uklgig.org.uk/uprule.htm#...e%E2%80%99%20?

3) no, why should you get a ban, unless you commit fraud or 'frustrate immigration rules'

[Terpe]

Hi there and welcome to the forum.

Firstly, rest assured that your previous tourist visa refusal will have no impact on the review and outcome of a settlement visa application.
Each visa application is decided on it's own merits.

Concerning your other questions, Take a look here for Unmarried Partner details'

The really key issue is the requirement that you must:-
"have been living together in a relationship akin to marriage or civil partnership which has been existing and genuine (not like a 'marriage of convenience') for at least 2 years"

Unfortunately, from what you describe you may not be able to comply with this.
It rather depends on the evidence you can submit that convinces the ECO that your relationship is akin to marriage and, most importantly is genuine.

It really does depend on just how long you have been together, how much time you spend living at the same address and how much convincing evidence you can provide.
When you say you see other twice per year, that really needs to be for extensive periods not just a few weeks at a time.

You will still need to comply with all other requirements.

[Bozzoangel]

Dear Joeblogs and Terpe,

Thank you for all the replies. I guess i need to wait until the decision of my annulment will come out

Angel