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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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This is a question regarding long distance relationships.

Customer Question

Hi, this is a question regarding long distance relationships. I am aware that one of the criteria that exist is to show that "Two have been living together in a relationship for 2 years". If one has known their boyfriend/girlfriend online for a period of 2 or more years, and can prove that they are in a relationship (for example through online recorded conversations), then as far as proof that they have been involved in eachothers' lives is concerned, (communicating daily) would they meet the requirement of showing that they have been in a genuine relationship for 2 years provided they meet all other criteria in order to join their boyfriend/girlfriend? If so what visa options would they qualify for? Please let me know. Thank you!
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience
Have they lived together for any period of time at all?
Kind regards
Tom
Customer: replied 1 year ago.
Hi, thank you very much for your response. The relationship would be purely online during that time period.Kind regards,
Marwan
Expert:  Thomas replied 1 year ago.
Hi Marwan,
Okay. Does this relate to a Unmarried Partner visa, or an EEA Family permit application under the EEA rules?
Tom
Customer: replied 1 year ago.
It relates to an unmarried partner visa, although any other options would also be considered.
Customer: replied 1 year ago.
Basically what options would be available for 2 people who are in a long distance relationship (seperate countries) and who meet all the other criteria?
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If there is no cohabitation and the relationship is an online long-distance relationship then there is practically no chance of getting a visa on the basis of being regarded as unmarried partners.
The home office requires that you must have cohabited (ie. Physically have lived together in the same accommodation) to be regarded as unmarried partners and to then apply for a visa on this basis.
The application would be rejected if this was applied for in the current circumstances.
The options are thin. If they were prepared to marry they could marry outside of the UK and then apply for a spouse visa, or they could apply for a fiancé visa in order for the foreign partner to come to the UK to marry without 6 months and then switch to a spouse visa from within the UK.
If they are not prepared to do this then the foreign partner would have to look at visas they could potentially apply for completely independently of the UK partner. If the foreign spouse did not have access to significant funds to invest in a UK business and wished to work (ie. Not study) then this would be tier 2 sponsored skilled worker visa https://www.gov.uk/tier-2-general/overview
I am sorry the options are limited.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.
Thank you very much for your help! Everything is clear. One last part of the question is, do they qualify for an unmarried partner's visa as living together in the foreign partner's country for a minimum of 2 years IF they decided one day they'd like to move to the UK?Kind regards,
Marwan
Expert:  Thomas replied 1 year ago.
Hi Marwan,
If they physically lived together in the same accomodation in a loving relationship in the foreign country then this would count and they would then be regarded as unmarried partners provided they could prove they did so for two years.
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for all your help again.Kind regards,
Marwan
Expert:  Thomas replied 1 year ago.
No problem. Please remember to leave feedback.>
Tom

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