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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, I would like to know if I can apply for the unmarried partner

Resolved Question:

Hi, I would like to know if I can apply for the unmarried partner visa.
I am currently on the Post Study Work visa which would expire October 2013. I have been in the UK since Jan 2007 under Student Visa until Oct 2011.
My partner is a UK resident under Indefinite Leave to Remain visa.
We don't stay together since we both have our own place, but we have been with each other for 2 years and intend to get married here in the UK.
Would I then be able to apply for this unmarried partner visa without having lived together officially?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 5 years ago.
Hi thank you for your question.

You may apply for an unmarried partner visa if you can provide evidence of the following :

You must send:

2 recent passport photographs and your passport - see the Photographs and passport page
evidence of your age and your partner's age
official evidence that your and your partner's previous marriage(s) and/or civil partnership(s) broken down permanently, if either of you has been married or in a civil partnership
evidence that you have been living together, in a genuine relationship akin to marriage or civil partnership (not like a 'marriage of convenience') for 2 years or more
evidence of your English language ability - see the English language page
evidence that you can can maintain yourselves and any dependents adequately without needing public funds - see the Maintenance (funds) page
evidence of your accommodation

The ukba require that you send evidence that you have been residing together for two or more years, as you have not been residing together this will be difficult. You will need to provide reasons of why you have not been residing together.

To apply under this category you will need to fill in form FLR M.

I hope this answers your question if so kindly click ACCEPT, if you do not I will not get credited for my time.

Kind regards,
Customer: replied 5 years ago.
Thank you for your reply.
What sort of evidence would I need to supply the border agency as to why we do not live together?
We both own our own places in London and my partner has been staying in the UK for 25 years with a family home here. For myself, I have my own home and We do in fact stay together but not officially as all his documents would still be sent to his family home, thus we do not stay together on paper.
What would I need to do in order to apply for this visa then?
Expert:  UK_Lawyer replied 5 years ago.
You should explain what you have just told me regarding why you are not cohabiting together. You should ensure that you inform the new ukba that you are in a genuine relationship and provide affidavit from your partner. Letters from family and friends regarding your living arrangements and relationship would also help.

I hope this answers your question if so kindly click ACCEPT, if you do not I will not get credited for my time.

Kind regards,
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