Dependent (PBS T2 partner) visa documentation requirements
May 11, 2015, 7:17 am
#1
Original Poster
Join Date: Dec 2010
Posts: 962
Dependent (PBS T2 partner) visa documentation requirements
I'm a US citizen; my unmarried same sex partner of 7+ years is a Canadian citizen w/ Tier 2 leave to remain in the UK (non-settled).
I want to be able to visit him regularly, possibly for >6 months at a time. So far I've visited the UK only on leave of entry (never had a visa per se).
AFAICT, the only options I have are:
a) non-visa leave of entry
b) fiancé visa
c) dependent visa
d) long term visitor visa
(a) lets me visit for up to 6 months at a time (usually been ~1-3), have NHS primary care but not prescriptions / tertiary / etc, and prohibits me from "residing". It can be denied at whim, and as a rule of thumb seems to be limited to <6 months in every 12.
(d) seems basically the same thing, but pre-approved. It seems intended more for "visa nationals" (i.e. people from places the UK doesn't like). I don't see much point.
(b) would require us to get married, which is Complicated™.
(c) would let me visit for up to the length of my partner's own visa, or 3y (whichever's lower), renewable, and to 'reside' for that period (which AFAICT means full NHS access). To get it, I have to prove that we're in a legitimate long-term partnership.
This seems like the best option overall; (a) is kinda iffy, and I'd like to have some more reliable status.
One catch: the records UKBA lists are mainly financial — shared bank accounts, shared leases, stuff like that. My partner and I haven't really done that — we have separate accounts, have settled ongoing tabs for utilities and such through separately paying different shares of rent or just paying each other the difference, etc. And we've been regularly separated geographically recently due to different academic/career/etc paths.
What other docs would they be likely to accept to prove that we're a legit couple? Affidavits from people who've known us to be a couple for years? …?
I want to be able to visit him regularly, possibly for >6 months at a time. So far I've visited the UK only on leave of entry (never had a visa per se).
AFAICT, the only options I have are:
a) non-visa leave of entry
b) fiancé visa
c) dependent visa
d) long term visitor visa
(a) lets me visit for up to 6 months at a time (usually been ~1-3), have NHS primary care but not prescriptions / tertiary / etc, and prohibits me from "residing". It can be denied at whim, and as a rule of thumb seems to be limited to <6 months in every 12.
(d) seems basically the same thing, but pre-approved. It seems intended more for "visa nationals" (i.e. people from places the UK doesn't like). I don't see much point.
(b) would require us to get married, which is Complicated™.
(c) would let me visit for up to the length of my partner's own visa, or 3y (whichever's lower), renewable, and to 'reside' for that period (which AFAICT means full NHS access). To get it, I have to prove that we're in a legitimate long-term partnership.
This seems like the best option overall; (a) is kinda iffy, and I'd like to have some more reliable status.
One catch: the records UKBA lists are mainly financial — shared bank accounts, shared leases, stuff like that. My partner and I haven't really done that — we have separate accounts, have settled ongoing tabs for utilities and such through separately paying different shares of rent or just paying each other the difference, etc. And we've been regularly separated geographically recently due to different academic/career/etc paths.
What other docs would they be likely to accept to prove that we're a legit couple? Affidavits from people who've known us to be a couple for years? …?
Last edited by saizai; May 11, 2015 at 7:24 am
May 11, 2015, 8:50 am
#2
FlyerTalk Evangelist
Join Date: Nov 2011
Location: Brighton. UK
Programs: BA Gold / VS /IHG Diamond & Ambassador
Posts: 14,196
In going to give you the same advice as I do on all immigration posts viz
You and your partner should talk to an accredited immigration lawyer and read the relevant documents on the UK government website.
You and your partner should talk to an accredited immigration lawyer and read the relevant documents on the UK government website.
Last edited by UKtravelbear; May 12, 2015 at 10:28 am Reason: typo (has sane instead of same)
May 12, 2015, 9:11 am
#3
Join Date: Jun 2005
Location: GOT, LAX, CDG, NRT, ICN
Programs: M&M, FB, DL, BA, UA...
Posts: 790
Also try here http://www.immigrationboards.com/gen...gration-forum/
May 15, 2015, 5:37 am
#4
Join Date: Dec 2009
Location: Flatland
Programs: AA Lifetime Gold 1MM, BA Gold, UA Peon
Posts: 6,111
Well, I have a partner on a dependent visa (not same sex, but in a good example of how gay rights are everyone's rights, you can have an opposite sex unmarried partner visa too). We had the advantage of having lived together for a couple of years in the UK so we had documentation of living together. We didn't use a lawyer, we just (hah, just..) assembled a load of documents, filled in the forms, paid a stupendous amount of money to the UKBA, went to Croydon for a same-day appointment, and got a visa. Took a while for all my orifices to unclench after, though.
I am not a specialist, nor am I a lawyer.
The dependent visa is meant for people to live with you in the UK - you're going to have to decide where you want to say your home is, and the UK is not (as far as I know) going to give you a dependent visa if your home is elsewhere. On the other hand if you're spending >6 months here with him, looks like home to me... and plenty of people have houses in two countries. The UKBA will look at this. Ensure your partner can both sponsor a dependent with his current immigration status and that he meets the income requirements. Also make sure that between you, you have the cash for this, as it'll be the thick end of a grand if I remember rightly.
Anyway, for people who haven't lived together, and even those who do, the UKBA seem to look for things like: regular contact (itemised phone bills are good), flight itineraries showing you went to visit each other or travelled together; shared financial commitments (utlility bills, etc); perhaps lack of other ties; future intentions (eg have you now got a job or academic position in this country?). I do hope you've never overstayed or been caught out playing fast and loose with UK immigration because then you're hosed.
Affidavits or references or so on count for little, it seems. They judge more by actions and particularly by actions that exclude other possibilities, thus showing commitment.
I suggest having a careful read of the documentation guidelines, looking at your documentation, and dispassionately considering if it looks plausible to you. Don't engage in wishful thinking; in my experience the UKBA staff are not malicious or unhelpful, but are strongly constrained by hostile rules made by politicians.
Also get your skates on before the rules change AGAIN. Good luck!
I am not a specialist, nor am I a lawyer.
The dependent visa is meant for people to live with you in the UK - you're going to have to decide where you want to say your home is, and the UK is not (as far as I know) going to give you a dependent visa if your home is elsewhere. On the other hand if you're spending >6 months here with him, looks like home to me... and plenty of people have houses in two countries. The UKBA will look at this. Ensure your partner can both sponsor a dependent with his current immigration status and that he meets the income requirements. Also make sure that between you, you have the cash for this, as it'll be the thick end of a grand if I remember rightly.
Anyway, for people who haven't lived together, and even those who do, the UKBA seem to look for things like: regular contact (itemised phone bills are good), flight itineraries showing you went to visit each other or travelled together; shared financial commitments (utlility bills, etc); perhaps lack of other ties; future intentions (eg have you now got a job or academic position in this country?). I do hope you've never overstayed or been caught out playing fast and loose with UK immigration because then you're hosed.
Affidavits or references or so on count for little, it seems. They judge more by actions and particularly by actions that exclude other possibilities, thus showing commitment.
I suggest having a careful read of the documentation guidelines, looking at your documentation, and dispassionately considering if it looks plausible to you. Don't engage in wishful thinking; in my experience the UKBA staff are not malicious or unhelpful, but are strongly constrained by hostile rules made by politicians.
Also get your skates on before the rules change AGAIN. Good luck!