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Lawyer21, CILEx Lawyer & SRA Accredited Immigration Adviser
Category: Immigration Law
Satisfied Customers: 1839
Experience:  CILEx Lawyer & SRA Accredited Immigration Adviser
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I am on a tier 5 youth mobility visa which expires 30th July

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I am on a tier 5 youth mobility visa which expires 30th July 2020. I had planned to marry my british fiance and apply for a family visa, we have given notice of marriage but obviously with the current situation that is not possible. We have been together 5 years and have lived together in the uk since i arrived in 2018. We also lived together in Australia before hand and my fiance has bank statements proving he lived with me. Could we apply for the partner visa and prove we lived together for 2 years? Or should we wait and see what happens with the government and extending visa etc
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I have not applied for anything yet. I live and work here in the uk and i am Australian
JA: Have you talked to a lawyer about the tier 5 visa?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi, I am a UK Lawyer and will be assisting you with this matter today. Please note, there can sometimes be delays between messages. Thank you.

I will read your question and respond

Do you have 2 years of documents akin to marrying with your British fiance?

A combination of documents from Australia and in the UK will certainly help. However, if you are planning to get married you will not be required to show 2 years evidence of cohabitation.

Are you there?

Customer: replied 13 days ago.
we were planning on getting married and therefore not having to prove the 2 years cohabitation. However since of the outbreak/current situation we are unable to. So we are now thinking of applying for the partner visa, but our evidence for living together across Australia and the london (with a gap between June-September). But we have been in a relationship for nearly 5 years.

Currently the Home Office test centres remain closed - but it is hoped that they would open sometime in July or August 2020, it is still very difficult to say. The Home Office is however taking on applications online - but you are not able to book any appointments. This may or may not help you in terms of applying online on the basis of 2 years, as if there is a gap of 3 years Home Office could refuse - however if there are more delays in re-opening - then this may assist with your evidence of cohabitation whilst you both living together in the UK.

Customer: replied 13 days ago.
no sorry not 3 years, 3 months gap

Sorry typo error I meant 3 months!

Customer: replied 13 days ago.
we have a letter from the jobcentre that shows i lived here on august 7th (and therefore togetehr) but not sure that is acceptable?

Yes that would be more than acceptable - it shows you have been living here and contains an address

In any case you should retain all evidence as this will help in terms of presenting evidence of subsisting and durable relationship.

Thank you for your question

Customer: replied 13 days ago.
What happens if we apply and it gets rejected does that stay on my records?

Yes it does - this will always stay on applicant's record.

Customer: replied 13 days ago.
would it count against me if i manage to stay if the government extends and then apply for the marriage visa
Customer: replied 13 days ago.
Is it a black mark?

No it will not and you are entitled to switching is permitted

Customer: replied 13 days ago.
Ok thanks, ***** ***** advise to apply for the 2 years visa then?

You should wait and not apply yet as you still have time before visa expires in July - the situation is changing and you could still get married - Home Office test centres could be opened etc.

Before you go,

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Customer: replied 13 days ago.
ok thank you

Most Welcome!