"Unmarried Partner of a person present and settled in the UK"

[anna_010607]

Hi All!... just thought of sharing my sentiments over visa issues and i do hope that your advices will help shed light to my dilemma.. I will try to be concise as much as possible so i wont bore you to death. I am not the best with expressing myself in writing so please bear with me.

I have been coming in and out of the UK for 4 years now on a visit visa. First visa was issued in August of 2007 which was good for 6 months - multiple entry. In that period, i have travelled to the UK for 3 times:

august 17 - sept. 2 = 18 days
oct. 17 - nov. 9 = 25 days
dec. 27 to jan. 13 = 18 days

2nd visa was issued in august of 2008 good for 1 year - multiple entry and have travelled for 4 times:

august 6 - sept. 19 = 45 days
jan. 9 - jan. 21 = 13 days
march 26 - april 5 = 11 days
april 25 - may 13 = 20 days

Mind you, obtaining the 2nd visa wasn't a walk in the park. I was refused once to due reasons too irrelevant to mention. When my 1 year visa expired, i then applied for a 2 years visa which was given to me in just a matter of 6 days. Since the issuance of the 3rd visa in july, i have travelled here for 10 times:

july 30 - sept. 10 = 44 days march 12 - april 14 = 34 days
sept. 22 - 28 = 7 days july 31 - sept. 4 = 36 days
oct. 26 - nov. 10 = 17 days sept. 9 - 27 = 19 days
nov. 20 - dec. 8 = 20 days nov. 16 - jan. 13 = 59 days
jan. 7 - 17 = 12 days jan. 22 - march 25 = 62 days

(i have to include march 25 although it's only the 19th coz that's the day that i will leave for thailand)

Now, if you take a closer look, you will notice the short stays i spent here, from 2 weeks to just over 3 weeks each time. it was only of late that i have started spending longer times - two months the most. Also, in the times that i was not in the UK, that when me and my bf were travelling abroad. We spend so much time in thailand because he owns a property in phuket. if not in thailand, in the philippines following the purchase of a property a year ago. we have also travelled together in different places including:

1. singapore
2. canada
3. sri lanka
4. india
5. morocco
6. the gambia

Our rationale was in doing so, the movement in my passport will show that i travel a lot and working is not part of my agenda coz we know that the immigration are always suspicious of people coming into the uk with some sort of visa only to disappear, overstay, work illegally, etc.. We thought that it was enough to evidence my intentions of just being a tourist... but it wasn't the case. One time i was stopped at the immigration and was put in a detention centre at the airport for 5 hours. Was subjected to a thorough interrogation coz they tried to established if i came here to work. They go through my belongings in the hope to find an evidence of some sort but they've found nothing! So after 5 gruelling hours, i was released!

But it wasn't the end of it. Everytime i come in, i always end up being the last person to go out of the passport control place because of being held up coz of so many questions. One immigration officer said to me that i ought to sort myself out and get the "proper" visa because based on my passport i have spent too much time in the UK that they won't qualify me as a tourist any more. I find it more and more difficult each time so i had a long talk with my boyfriend regarding the issue and i think it's just about time.

But here lies the real issue... Just to say, my bf is of a very good financial standing and because "pre-nuptial" agreement is not yet part of the english written law that he refuse to tackle the issue of marriage, which is understandable. I'm not bothered or anything whatsoever (just feeling a bit unlucky - blast! )... but kidding aside, it was for the same reason that he never marry the mother of his 4 children. Please don't judge him - his a very nice person - just a bit different (?).. i do respect his decision and it won't stop me for wanting to be with him for the rest of my life.

Having said all that, we are now opting for a "partnership" visa or to put it in immigration terms "UNMARRIED PARTNER OF A PERSON PRESENT OR SETTLED IN THE UK"... We have gone through every articles and guidelines regarding this visa at the UKBA website but it is still a bit vague for us. Went to see an immigration lawyer in London but even her said that our case is a bit "unusual". The term "living together for a least two years" as one of the major requirements for a partnership visa literally means the "period of cohabitation" in the UK which isn't present in our situation. In fact, it is an impossibility on my part because of my visa restrictions (maximum of 180 days in a period of 12 months allowable number of days to stay in the UK for a tourist visa holder). And when i leave for thailand on the 25th of march, that will be my 179th days so it's a bit tight. Even though my visa will expire in July , they wont allow me back in coz i will be over the limit. We always make sure we don't violate any of the immigration rules coz that could mean 10 years ban of coming here or worst blacklisted!!!

At the moment, we are collating all evidence we can gather. Though a bit uncertain if we qualify to apply for the unmarried partners visa, we are still going for it. it's just a risk that we have to take.

i still have loads of questions regarding this kind of visa but i'll give it a rest for now. Your opinions and advices are most welcome and be very much appreciated. Thanks for taking time to read. More power to all! Salamat... paalam... kita kita at sa uulitin!

[keithAngel]

An interesting read so are you residing pretty much full time with your partner when your not in the UK?

[sars_notd_virus]

hello anna welcome to the forum!!!

http://www.ukba.homeoffice.gov.uk/po...mesexpartners/

Its complicated and its hard for you to prove and apply for unmarried partner,as you dont plan to have a civil partnership once you are here in the UK or plan to settle due to pre-nuptial issues...you are not on the umarried,same-sex category,..and I assume you have not lived together in a relationship akin to marriage or civil partnership subsisted for 2years or more.

The only solution I can see is for your bf to arrange a pre nuptial agreement outside and inside uk,its not yet implemented on uk law but it will be in the future.. the agreements should be notarized to make it legal so there will be no worries on your bf side.

Good luck!!

[Rosie1958]

Hi Anna

Welcome to the forum. I see that you reside in Stamford, I often go there myself, it's a lovely town!

For those intending to live together without the intention to marry, there is something called a Co-habitation Agreement which I understand is the same sort of principle as a pre-nuptual agreement. I haven't researched this properly myself yet but was informed about it by a solicitor. In view of your circumstances, you or your boyfriend might wish to obtain more information about it since having one in place might add substance to your visa application.

Good luck with your application.

[Terpe]

Hi Anna,
I believe you are correct, the time where tourist status will be rejected is very close.
You do need to secure a long term Visa.

Please take a look here:-
http://www.ukba.homeoffice.gov.uk/pa...mesexpartners/

The requirement that you really need to comply with is:-
You have both been living together as if you were married or in a civil partnership for at least 2 years; and
You both plan to live together permanently.

Discuss with your b/f how best to comply.

All members here will offer support and ideas for you.

[gWaPito]

Hi Anna and welcome.

You have answered your own question.
You have to show you have lived together for a continuous 2 years.

Your partner refuses to entertain marriage, it doesn't look good.

You have been lucky to have been granted so many visits.

[anna_010607]

An interesting read so are you residing pretty much full time with your partner when your not in the UK?

Hi Keith, yes pretty much so when we are travelling abroad and in when we're in Thailand but there are instances wherein we are also apart from each other because of my commitments in the Philippines (i'm involved in a charitable work in the Philippines which requires me to be around during the months of june and october). He's also got business interests in the UK that sometimes stops him from travelling.

[anna_010607]

hello anna welcome to the forum!!!

http://www.ukba.homeoffice.gov.uk/po...mesexpartners/

Its complicated and its hard for you to prove and apply for unmarried partner,as you dont plan to have a civil partnership once you are here in the UK or plan to settle due to pre-nuptial issues...you are not on the umarried,same-sex category,..and I assume you have not lived together in a relationship akin to marriage or civil partnership subsisted for 2years or more.

The only solution I can see is for your bf to arrange a pre nuptial agreement outside and inside uk,its not yet implemented on uk law but it will be in the future.. the agreements should be notarized to make it legal so there will be no worries on your bf side.

Good luck!!

Thanks for the advice sars, will take it on board and discuss it with my bf further.

[anna_010607]

Hi Anna

Welcome to the forum. I see that you reside in Stamford, I often go there myself, it's a lovely town!

For those intending to live together without the intention to marry, there is something called a Co-habitation Agreement which I understand is the same sort of principle as a pre-nuptual agreement. I haven't researched this properly myself yet but was informed about it by a solicitor. In view of your circumstances, you or your boyfriend might wish to obtain more information about it since having one in place might add substance to your visa application.

Good luck with your application.

Hi Rosie, Stamford is a lovely place indeed! very quaint... Will definitely find out more about "cohabitation agreement"...thanks for the tips.

[anna_010607]

Hi Anna,
I believe you are correct, the time where tourist status will be rejected is very close.
You do need to secure a long term Visa.

Please take a look here:-
http://www.ukba.homeoffice.gov.uk/pa...mesexpartners/

The requirement that you really need to comply with is:-
You have both been living together as if you were married or in a civil partnership for at least 2 years; and
You both plan to live together permanently.

Discuss with your b/f how best to comply.

All members here will offer support and ideas for you.

Thanks Terpe, so thankful i joined in this forum... so informative, useful and most of all full of friendly people. To be honest i am feeling really lost.

[anna_010607]

Hi Anna and welcome.

You have answered your own question.
You have to show you have lived together for a continuous 2 years.

Your partner refuses to entertain marriage, it doesn't look good.

You have been lucky to have been granted so many visits.

Hi gwapito, it doesnt bother me if he marry me or not! i just want to be with him... what can i do?