unmarried settlement visa

[tiger31]

ok need advice ,im currently in the philippines living with my g f for year and a half and need to know if she can apply for settlement visa after we have lived together for 2 years .as its a lot of money 947 quid i cant afford to mess up the application first time round.i,m a war disablement pensioner similar to DLA from what i understand is that i dont have to reach an income level .i own my own house back in england and am self employed taxi driver .my gf is still married but seperated for over 5 years .

[joebloggs]

you need evidence that you've lived together for at least 2years in a relationship akin to marriage, eg bills, bank statements, rent agreement.

[Terpe]

Relationships need to provide clear evidence of being genuine and subsisting.
In terms of demonstrating this within the unmarried partner category the primary issue will be submitting satisfactory evidence that you have been co-habiting with the applicant in a relationship akin to a marriage for at least two years prior to the date of application.

Usually this will include at least some sharing of financial responsibilities such as a joint mortgage/tenancy agreement, a joint bank account and/or joint savings, utility bills in both their names.

Apart from that, you'll also need to comply with all the other requirements.

Just based on the information given I can't make any judgements about the potential exemption from the financial requirement.
But UKBA states that where the applicant’s partner is in receipt of Carer’s Allowance or any of the following disability-related benefits in the UK, the applicant is exempt from the new financial requirement in respect of that application stage:-

- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injuries Disablement Benefit.
- Attendance Allowance.

You would need to submit evidence supporting an exemption by means of:-

- Official documentation from HMRC confirming the entitlement and the amount received.
- At least one bank statement showing payment of the benefit or allowance into an account in the name of the applicant’s partner.

Now, that's not an 'across-the-board' exemption from financial tests. You will still need to show that you can both be adequately maintained without support of third party sponsors.

Adequate maintainance is in principle the same as it was under 'old rules'.
That is, UKBA caseworkers will compare the sponsor’s gross income (after deduction of housing costs) with the equivalent current Income Support rate.
So you would still need to provide
- Bank statements
- Pay slips (can be substituted with certified copies of the previous 2 years' tax returns accompanied by a notarized version of business accounts.)
- Entitlement to benefits
- Accommodation details and housing costs.

The 'Income Support' rates do vary each tax year. It's £111.45 per week for current tax period 2012/2013 for a couple.

Just a footnote.
The new financial requirement (£18600) will apply at all subsequent application stages if the applicant does not remain exempt from it.
The basis for and operation of the new financial requirement will be reviewed in line with the implementation of the Government’s welfare reforms.
These include the introduction of Personal Independence Payment from April 2013 and the roll-out of Universal Credit from October 2013
In particular, before April 2013 the Government will review the treatment under the financial requirement of disabled people and carers, with a view to ensuring that the basis for and operation of the financial requirement properly reflects the Government’s welfare reforms.
Any changes will be announced in due course, but an applicant – sponsored by a person in receipt of a specified disability-related benefit or Carer’s Allowance – who will be exempt from the financial requirement from 9 July 2012 cannot expect that they will necessarily remain exempt from April 2013.

UK Entry will be granted for an initial period of 30 months after which time another application for the next 30 months FLR will need to be made followed by settlement application for ILR
All application stage will require full compliance with the finacial requirements in force at that time (or exemptions if applicable)

Hope this helps in some way.
Keep asking questions if you're unsure about anything. As you say. it's far too serious to allow even the slightest of risks

[tiger31]

ok thanks terpe most interesting reply ,its just that because its a lot of money to waste if she gets turned down ,i do have rental income from my house too so the income level should be ok .i can get a joint tennancy agreement from when we moved into appartment .we have joint bank account here in philippines plus i can print off my bank statement showing pension going in each month.so you say we should get joint names on our bills ?what about joint credit card too ? we also have thousands of pictures together .