Visa - Family of British citizens and settled person

At the time of this posting can one of the experts please provide an opinion on which of the partner class visa (not married) is the more convenient, simplest or easiest to get, based on the following.

Our 25 year old daughter unmarried - Canadian born British citizen living in Canada together with her Canadian born live-in of 5 years, is planning a permanent move to the UK within the next 12-months . There are no children to consider with this application.

They would have accommodation pre-arranged through a family member in the UK, approx 20k GBP, no jobs lined up.

From the possible class categories under consideration (are there others?)

1. Unmarried partner
2. Fiance(e)

Which of the two visa categories would be the least complicated, least costly and quickest to get - pro's & cons?

They weren't planning on getting married prior to moving to the UK & also did not want, if at all possible, to have a timeline imposed on them to get married under any class of visa issue- if that is possible.

The fiancé(e) visa is less complicated and requires less evidence than the unmarried partner visa, but requires to get married in the UK within 6 months of arrival. Also, under this status the visa holder can't work. After the wedding, they'll have to apply for spouse visa in order to stay in the UK. The visa holder will then have a "probationary period" of 2 years and 3 months after which he'll be allowed to apply for permanent residence in the UK (ILR). Note however that the government is planning to extend that period to 5 years from next year. So this option is easier but more expensive (you have to pay twice within a short period of time).

As for the unmarried partner visa, you have to prove that you have lived with the British citizen for at least 2 years, which can sometimes be difficult. However, if both names are on the rental agreement/mortgage and on utility bills, it's quite easy to establish. If successful, the applicant will be granted the same probationary period as for the spouse visa (2 years and 3 months) after which he'll be allowed to apply for ILR, and eventually for naturalisation as a British citizen. This option is a bit more complicated but cheaper and quicker.

VisaWise | Immigration Consultancy
OISC Registered Immigration Advisers
Members of the Quebec Bar
London, United Kingdom
info@visa-wise.co.uk
www.visa-wise.co.uk

VW, many thanks for your quick and informatve response above to my OP which our daughter also read & she too thanks you.

She had read in other responses on this thread mentioning another [possible] category that might be an option.

What is your opinion on the option of her 25 year old boyfriend applying for a YMS visa, then if they are so inclined during the 2 year stay on the YMS, to get married then switch to a spousal visa.

Same question for you posted in my OP as to the convenience, speed, cost etc of the YMS visa option versus the unmarried partner & proposed partner visa options

Many thanks

You're welcome

We don't think it's the best option as the government intends to limit in-country switching into family routes next year. Also if they really like living in the UK and eventually want to settle here, the years your daughter's boyfriend will have passed under YMS won't count towards settlement, which means that it will delay the moment he'll be eligible for ILR. On the other hand, if he chooses the family route straigthaway, he will be eligible for ILR in about 2 years time (subject to Immigration Rules changes).

That being said, if his intention is to stay in the UK 2 years only or he wants to know if he likes the life here before making any life-changing decision, YMS is a good option as it's a simple, cheap and quick application.

VisaWise | Immigration Consultancy
OISC Registered Immigration Advisers
Members of the Quebec Bar
London, United Kingdom
info@visa-wise.co.uk
www.visa-wise.co.uk

question for VW to answer following up on the OP & discussion responses so far

Rummaging through the UKBA website I found under the family class visa section pertaining to "Spousal/Unmarried partner section 8 sub-sction 9, Directorates document ... not quite sure what this really means

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

with particular reference to its sub-section 2.7 it reads as quoted

2.7. Granting indefinite leave to enter
An unmarried or same sex partner who has completed a period of 4 years as the unmarried or same sex partner of a person who has (at the time of decision on the entry clearance application) a right of abode in the UK or indefinite leave to enter/ remain in the UK, having lived together abroad with that person throughout that 4 year period, and arrives in possession of an entry clearance endorsed "SETTLEMENT/TO JOIN PARTNER [partner’s surname and first initial] should be granted indefinite leave to enter. Paragraph 295A(i)(b) and 295B(b) of HC395 refers.

Does this mean similar to a spouse that an unmarried partner can also get a waiver of the 24-27 month probationary period, (proof of the 4 years of living together plus a KOL) that they would get an immediate ILR?

Yes, that's what it means for now but it will probably be made impossible for applicants in that situation from April 2012. So anyone who's interested in that option and meets the requirements should apply now.

VisaWise | Immigration Consultancy
OISC Registered Immigration Advisers
Members of the Quebec Bar
London, United Kingdom
info@visa-wise.co.uk
www.visa-wise.co.uk

many thanks VW for your response in that last post.

If I may summerize & get your opinion on the following to see if I have understood it correctly & maybe others reading this will get the sense of whats-what.

Subject to any changes in the immigration rules, for now,

Based on the rule for unmarried/same sex partners living together for 4-years or married for 4- years, as well as anyone getting a fiance(e) visa who have been living together for 4-years - then in each case the probationary period of 2-4 years can be waived & an ILR could/may be issued on arrival in the UK or shortly thereafter.

With the proviso of course, the onus is on solid proof & documentation + the passing of the KOL, as well as the funds, accommodation & any job requirements all being to the satisfaction to the UKBA or the PEO

Appreciate your time on this VW

Cheers

Only for spouse and unmarried partners visas, not for fiancé(e).

VisaWise | Immigration Consultancy
OISC Registered Immigration Advisers
Members of the Quebec Bar
London, United Kingdom
info@visa-wise.co.uk
www.visa-wise.co.uk

Hi everyone,

Very new to the forum . I am the common-law wife of a British Citizen who is currently here in Canada( as a Permanent Resident) with myself and our two children ( who automatically are British by Descent). We are looking at returning to the UK in the next couple years .

Have a few questions...

1) Which Visa would be better to apply for? Wife, Unmarried partner or Fiancee? Does the UK Border Agency treat them the same? We have been living together for well over 2 years here in Canada. So we would be able to provide evidence of the same ( Revenue Canada statements, deeds etc)

2) Where our two children are British by descent and when it comes time to immigrating will have their own British passports; do they have to be part of my application? When I review the various pages on the UK Border Agency website I get the impression this is for children who are not British citizens already?

3) What amount of funds are required to show you are able to sustain yourself ?


thanks in advance.

1)It depends on your intention. If you intend to get married in the UK, the correct application is fiancé(e) visa. With this visa, you'd have 6 months to get married after your arrival. The downside is that you won't be allowed to work during that time and thta you're going to have to apply for settlement after the wedding (so litterally you pay twice for nearly the same application). So if you qualify for unmarried partner visa and can get proof that you have lived together for at least 2 years, that may be the best option in your situation.

2) If your children are British citizens, you'll have to apply for their British passports. Once they have their passports, they don't need anything else to enter the UK.

3) Right now there's not an exact amount of funds to show. They just make a basic calculation to make sure that sponsors have enough to be able to support themselves and their dependents without having recourse to public funds. In April, they will impose a minimum financial threshold for the sponsor only. We don't know the exact amount yet but it's believed to be around £18,000.

VisaWise | Immigration Consultancy
OISC Registered Immigration Advisers
Members of the Quebec Bar
London, United Kingdom
info@visa-wise.co.uk
www.visa-wise.co.uk