8 replies to this topic

[Perox123]

Hi All,
My partner is an Australian, and I'm a UK citizen.  He's currently over on a YMS visa, which runs out in April next year.  The issue that we have is that his visa started 8th April 2011, but he arrived 9th April 2011 - meaning that we're one day short of the 2 years needed.  We've lived together from the day he arrived, and we both meet the financial requirements.  We're engaged to be married in October next year, so hopefully that will show that we're not just a cohabiting boyfriend and girlfriend!

I was just wondering if anyone has gone through anything similar and whether this one day short will cause a problem?

Many thanks in advance!!

[Gentleman of Leisure]

My inexpert opinion: Borderline>Refusal.  I think the issue here is evidence of co-habitation from day 1 of arrival.   And it's not just about living at that address; there has to have been an interpersonal relationship akin to marriage.  If you can show there was a strong relationship prior to his arrival, and that from 9th April this continued as an interpersonal relationship akin to marriage, you may have a chance.   But don't be surprised if there is an arbitrary decision to refuse.

[Perox123]

Thank you for your reply - that's what I was worried would be the case!  We had been together for 18 months beforehand, but had been apart for a year due to my visa in Aus expring - so we have the proof that we were in a contiuning relationship beforehand , but not physical cohabiting.  Would it be worth risking applying a day later so we have the 'exact' 2 years?  Or would that run a risk of problems due to overstaying?

[Gentleman of Leisure]

As the break was more than six months, you can't include the period when you were in Aus, and 9th April would be the start of the period under consideration.  He would have to apply before his current visa expires.  So I would assume that 7 April would be the limit.  As a matter or interest, what is the date of the official letter or bill   (addressed to him) that falls closest to this date ?

[Perox123]

Gentleman of Leisure, on 31 October 2012 - 11:29 AM, said:

As the break was more than six months, you can't include the period when you were in Aus, and 9th April would be the start of the period under consideration.  He would have to apply before his current visa expires.  So I would assume that 7 April would be the limit.  As a matter or interest, what is the date of the official letter or bill   (addressed to him) that falls closest to this date ?

That's what I thought also, I guess that means the 5th really as the 7th is a Sunday?  I have the first rental agreement which has him down as a person living there, which started 1st April, but otherwise he'll have his national insurance information which would've been from sometime in April also (not sure of the date exactly!)

[Gentleman of Leisure]

Well, if you added him to the rental agreement on 1st April that is significant, but obviously in terms of the actual relationship, the counter will begin on the day of his arrival.  I think the worse that could happen is that the application is refused and he has to leave and apply for a fiancee visa.  It's really your decision if you want to proceed on that basis.

[Victoria]

You can apply. This won't be an issue if you apply by post.

[Perox123]

Hi Victoria,
Many thanks for your reply, we were hoping to do the same day/face to face servic-do you think we'll get denied doing it this way?

Perox

[Victoria]

I think that if you plan to do this that it is worth getting a professional to check the documents first. I'd be happy to help.