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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7660
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a uk citizen. My partner is a Canadian citizen. She

Customer Question

I am a uk citizen. My partner is a Canadian citizen. She and I have been living together in Australia for the past four years and can demonstrate our ongoing commitment to each other. We are neither married nor in a formal civil partnership. We arrived back in the uk last week, and she entered on a visitor visa. How can we make her stay in the uk more substantive? is it possible to extend her leave to remain in the uk with me without having to leave the country?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi, Do you have cash savings between you of over £62500?Are you employed i n the UK?Tom
Customer: replied 1 year ago.
Hi Tom
Yes we have over that amount in sterling, and more in Australian Dollars and US.I am not currently employed in the UK but am a qualified GP who has been working in Oz for the past four years which means I am required to undergo several hoops before I will be able to practise in the UK again (where I had a practice until 2012). I am hoping that I will be able to practise again within the next few months, perhaps on a locum basis.Thanks
Expert:  Thomas replied 1 year ago.
Hi Fraser, Thanks for your reply. I should be able to answer at 9.45.Tom
Expert:  Thomas replied 1 year ago.
Hi Fraser Thank you for your question and patience, I’m Tom and I’ll try to help you. Ultimately, your partner will have to apply for an unmarried partners visa.However because she has entered the Uk as a visitor she cannot switch to this visa without leaving the Uk. This is because as a condition of her visitor’s visa she must leave before the expiry of leave granted under it.Unfortunately, there is no way around this and the quickest/most efficient way forward would be for her to return briefly to her home country after you have prepared her application for this visa, so that she can submit it straight away.The webpage on spouse/unmarried partners visas is here: 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 subsistingif 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 requirementsany 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:- 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:- You have to produce to the Home Office documentation that proves the above. This would be some of the following:-{C}· Bank statements from both you and your spouse going back 6 months showing the income/capital you have available{C}· Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment{C}· Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds){C}· Marriage certificate, Birth Certificate, passport{C}· Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records{C}· Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.{C}· {C}· Further information here:- She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, but the application is actually made online You can find Uk immigration solicitors through the following Law Society Website search engine:- The visa will be granted for a period of 33 months. He will have to apply for further leave to remain at the end of this time. He can apply for indefinite leave to remain once he has been here for 5 years. After that he can apply to be naturalised as a UK citizen. 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.
Sorry Tom.
Thanks for all that. Just one clarification if I might ask: would my partner have to apply from her country of citizenship (ie Canada) or would any country outside the UK be fine for that?