Q: I came to the UK on a YMS visa and have been dating a local partner for about 2 years now (in 2 months), but we have only been living together for 1.5 years. With only a month left on my visa, I want to know if leaving the country and re-entering as a visitor will cause any issues for applying for a partner visa later.
Answer:
Ahead of the expiration of the UK Youth Mobility Scheme (YMS) visa and while preparing for the future Unmarried Partner Visa, many applicants face various practical concerns ranging from immigration travel schedules and housing proof to precautions for re-entry. Here, we examine the core issues and practical response strategies with professional advice.
Immigration around Visa Expiration and Re-entry via ETA
- Departure Timing: Leaving the UK before 12:00 AM on the expiration date of your current YMS visa will not legally cause any immigration violation issues. However, many consider leaving a day prior to the expiration date rather than on the day itself for administrative safety.
- Re-entry After European Travel: When leaving the UK prior to your visa expiration, staying short-term in Europe or elsewhere, and re-entering the UK after your YMS visa has expired, you must obtain an Electronic Travel Authorisation (ETA) overseas in advance.
- Immigration Control: Nationals eligible to use eGates frequently use automated eGates upon arrival at UK airports rather than face-to-face interviews, making direct entry refusal relatively low. However, the purpose of re-entry must be clear, and it is advisable to flexibly adjust your length of stay considering future visa strategies.
Importance of Cohabitation and Housing Proof
- Housing Ownership and Utility Bills: Even if your partner owns the property under a Shared Ownership scheme and the Council Tax is solely in your partner’s name, the housing proof requirement can be met if supported by mail or official documents proving actual residency.
- Caution Interpreting Remittance History: If you have a history of regularly sending monthly rent even while in a partner relationship, the caseworker may mistake this for a simple landlord-tenant relationship. Because a partner visa requires proving a close relationship equivalent to a real marriage, the method of rent remittance could potentially work as negative evidence. You should consider financial proofs that intuitively demonstrate your relationship, such as utilizing a Joint Account.
Differences Between Overseas Application vs. In-Country Application
- Strictness of Assessment: When applying for a partner visa from overseas, the UK Home Office evaluates the genuineness of the relationship much more strictly to filter out sham marriages or paper cohabitation. Because the increasing trend of share houses has led to many instances where unrelated roommates provide documents and receive visas, you can expect scrutiny from caseworkers and must prepare thoroughly.
- Risks Upon Refusal: If you apply for a visa from within the UK and it gets refused, you can maintain your stay and proceed with legal action or appeals, meaning the cohabitation period increases over time which can be advantageous. Conversely, if refused after applying from overseas, it takes a long time for appeal results to come out, and during that time you cannot cohabit, which can actually put you at a disadvantage.
2-Year Cohabitation Requirement and Exceptional Circumstances
- Basic Principle: The fundamental requirement for a partner visa application is proving a cohabitation period of at least 2 years.
- Scope of Exceptional Recognition: Unless there are clear, precedent-based exceptional reasons why cohabitation was unavoidably impossible—such as long-distance dating, studying abroad, overseas dispatch, or religious reasons—it is difficult to include a simple dating period into the 2-year cohabitation requirement. If you did not live together despite living close by without special reasons, waiting safely until you complete a full 2-year cohabitation period before applying is the shortest path to increasing your approval chances.
John Suh
UK Regulated Immigration Legal Adviser
25+ Years of Experience in UK Visa & Immigration Services
OISC / IAA Registration Number: F200500022
Director, ilong Global Ltd & UK Immigration Centre Ltd
Question:
Hello,
I came to the UK on a YMS visa and have been dating a local partner for about 2 years now (reaching 2 years in about 2 months).
However, we have only been living together for 1.5 years.
Since my current YMS visa only has one month left, I want to leave the country and re-enter as a visitor. I would like to know if doing so will cause any problems when applying for a partner visa later.
Also, I intend to return to my home country to apply for the partner visa. Although we have been dating for almost 2 years, we have only lived together for 1.5 years. Can I apply for the partner visa right when we reach the 2-year mark from the date we started dating?