12 replies to this topic

[mod88]

My US citizen girlfriend has been in the UK as a visitor since August staying here without a visa , allowed 6 months stay.

She is going back to the US for Christmas but returning in January and we are looking for a visa that allows a longer stay. We have a flat here with a tenancy in our joint names and I have been to the states previously and met her family.

Would a Family Visting visa with her as my Partner be the best solution for us ?

[Gentleman of Leisure]

It's not possible  She can only enter as a general visitor. The UK does not have strict day count entry like other countries but it has general limits on time spent as visitor of six out of twelve months.  Re-entry is based on the genuine nature and need.   It's not certain that her re-entry will be permitted so soon after spending a full six months in the UK.  Merely saying that she wants to continue seeing you is not really a sufficient reason to enter the UK again beyond the annual limits of six months.

[mod88]

Thank you but why do you say it is not possible ? My information points to an unmarried partner being eligible for Partner status if you can show a "genuine and subsisting relationship" http://www.ukba.home...-apply/genuine/

I thought that the fact of our joint tenancy plus my having met her family in the states meant we met this requirement . But have I misunderstood what the conditions are ?

[Victoria]

If you have been living together for two years she can apply in the US for a visa to settle with you in the UK.  That is the unmarried partner visa.

[mod88]

Thanks but if she applies from within the UK before leaving it seems the 2 years thing is not a condition, it seems the list differs depending if the application is made from inside or outside ?
She has been here so far just over 3 months, so when she returns there will be time left on the general 6 months limit, do you think we should wait till she returns then apply for an extension of stay based on us a unmarried partners ?

[Victoria]

I am afraid that you have misread.  The two years is always a condition.  Unless you marry.

She wouldn't be able to apply from within the UK anyway, which is why I have said "she can apply in the US".

[mod88]

Ah OK thanks but can you tell me this please -
She will leave for the USA after spending 3 months here
She will spend one month in USA then return
Is she allowed to stay a further 3 months or 2 months ?

[Gentleman of Leisure]

Visitors can stay for six months per year,  However, if she is admitted she legally can stay for a full six months because all visit entry is for six months, but to stay for this amount of time will not help her return in the future.  She needs to define her reasons for re-enter to the officer on arrival and if he is satisfied that she is not trying to live in the UK, he may be inclined to admit her.

[mod88]

Thanks, but she has not used up 6 months, she has been here only 3 months and will be away for 1 month. Why should there be a problem getting back in ?

[Victoria]

Simply because the immigration officer may not believe that she is a genuine visitor who intends to return to the US. And he'd have a point.