UK citizen/Canadian Partner please help!

[Jasmine78]

Hi,

I was hoping someone can give some advice on what would be best to do in this situation and how to go about doing it:

My partner and I have been together for 2.5 years, she has lived with me now for just over a year on a working holiday visa in the UK. We wanted to stay here but her visa runs out in August, 3 months short of the 2 year deadline for common-law status here and so can't apply for that visa yet. She could stay here on a tourist visa for the extra 3 months but does anyone know how long it can take to get an interview if you go for the Premium service?

Alternatively we could go to Canada as I think we meet the common law requirements there - would I be best to apply under common law visa and have her sponsor me or I have enough qualifications that I could get a work visa?

Any comments greatly appreciated, not sure what to do at the moment!!

Thanks!

 

[Karlshammar]

The requirement for common-law is only one year, so if you have lived together for over one year she can sponsor you as a common-law partner.

 

[Jasmine78]

Thanks I thought that was the case.

The main issue is that we would rather stay here in the UK. Does anyone know the rules around the 2 years living together to qualify for common law here - if my partner left when her visa was up and went back to Canada for a month would that be seen as a break in living together? PLus how long does it actually take once you have applied to when you might get an interview (if you opt for the premium service) - in between that time how would she stay in this country, presumably only on a tourist visa?

Sorry that sounds complicated - I'm just a bit bafffled at how the UK government can say that you can only apply for common law status if you've been living together for 2 years but for most people that's pretty difficult with all the current visa restrictions...

 

[Karlshammar]

Sorry, I know next to nothing about U.K. immigration.

 

[brains_cy]

i know this doesn't really help....but the uk immigration laws are a bloody shambles...if you got married, i believe she would be entitled to become a British national

 

[whoopi83]

Thanks I thought that was the case.

The main issue is that we would rather stay here in the UK. Does anyone know the rules around the 2 years living together to qualify for common law here - if my partner left when her visa was up and went back to Canada for a month would that be seen as a break in living together? PLus how long does it actually take once you have applied to when you might get an interview (if you opt for the premium service) - in between that time how would she stay in this country, presumably only on a tourist visa?

Sorry that sounds complicated - I'm just a bit bafffled at how the UK government can say that you can only apply for common law status if you've been living together for 2 years but for most people that's pretty difficult with all the current visa restrictions...

The UK is very difficult and long for unmarried or same s** couples. There is simply no evading the 2 year rule unless you marry or register a civil partnership. There is no common law status in the UK.

If you marry/register a CP, then there is no cohabitation period as the relationship is recognised in law; there is no need to establish in fact.

See: http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/husbandswivescivilpartners/

 

[whoopi83]

i know this doesn't really help....but the uk immigration laws are a bloody shambles...if you got married, i believe she would be entitled to become a British national

Yes they are a shambles, but no she would not become a British national.

By marrying or registering a civil partnership entitles the non EU person to reside with the spouse/cp for approx two years with an entitlement at the end of that period to apply for ILR - indefinite leave to remain.

 

[mylota]

@poster
Simply marry her and thats all. thats how to get around the 2 year rule. once married to you, she can easily be approved for a leave to remain for 2 years after which she gets a one year ILR and then a British passport. but she must marry you before her visa is up