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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I am a CostaRican citizen and my one year Scottish Boyfriend

Resolved Question:

Hi, I am a CostaRican citizen and my one year Scottish Boyfriend is going back to Aberdeen because he was offered a job there. We're trying to find a way so I can go with him and get a work permit so that we can be together. We don't have plans to get married yet so the Unmarried visa is an option but it says we had to live together for 2 years. Is that really that strict? I am an Electrical Engineer (no experience though), So maybe I will try to apply for an oil industry job. I just want to know If I have a chance at all in applying for this visa even if we have not being together for 2 years. Thank you.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Hi,


Thanks for your question.


I'm afraid the two yearcohabitation requirement for an unmarried partner's visa is applied very strictly, your application would certainly be rejected and having only been together for 1 year I would not be at all optimistic of your chances on appeal (for which you would certainly have to pay for a solicitor and counsel to act on your behalf).

 

Unless you have access to significant funds to apply for an investor/entrepreneur visa then you would be looking at applying for a Tier 2 Sponsored Skilled Workers visa.

As to a Tier 2 application you will have to see if there is a job that you could do in the UK on the shortage occupation list:-

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist.pdf

You would have to then secure a job offer from a UK employer who is or would become a licensed sponsor of skilled migrants:-

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/sponsorship/

If your job is not on that list then your employer/sponsor will have to confirm that they have carried out a the Resident Labour Market Test. This test is effectively to show that there are no resident/eea national in the locality that can perform your role.

If you find an employer willing to sponsor then you will also have to meet the requisite number of points under the Tier 2 points based system:-

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/eligibility/pointsassessment/pointsscore/#header3

You will see at the top right hand side there is an option to use their calculator to work out how many points you are eligible for.

There is lots of information on Tier 2 Sponsored Skilled Workers visas here:-

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/

If the above is not an option then I'm afraid that you would be looking at visitor's visas I regret to say.

 

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I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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