Thanks for your question. I will try to help.
In order to be regarded as an unmarried partner for the visa rules you must have been living in a relationship similar to marriage in the same accommodation for 2 years. You must also be able to prove this with documentary evidence.
So, if you are short of the 2 year residential requirement then you would not be regarded as unmarried partners until you reach two years.
This means that your options are to either wait 8 months until you reach two years and then apply, or to marry or carry out a civil partnership now and then apply for a spouse visa.
The criteria for unmarried partners or a spouse visa are very similar.
She will have to apply from a spouse visa.
The webpage on spouse visas is here:
The eligibility criteria is here:-
If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-
- you and your partner are both aged 18 or over at the date of application;
- your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
- your partner is not related to you in a way that means you could not marry in UK law;
- you and your partner have met in person;
- your relationship with your partner is genuine and subsisting if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
- if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
- you meet the suitability requirements
- any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
- you and your partner intend to live together permanently in the UK;
- You must meet the financial requirement:-
- This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
- You would also have to show that you meet the English language requirement:-
It’s a complicated application and so I would recommend that she instructs a solicitor to prepare the application and supporting evidence for you.
You can find Uk immigration solicitors through the following Law Society Website search engine:-
The visa will be granted for a period of 27 months. She will have to apply for further leave to remain at the end of this time. She can apply for indefinite leave to remain once he has been here for 5 years. After that she can apply to be naturalised as a UK citizen provided she meets the eligibility criteria.
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