Hello, My inquiry is regarding UK's Unmarried Partner Visa. My partner is a Swedish and American citizen. She will be living in the UK with the support of her U.S. employer. I am an American citizen. We have currently been living together for 14 months and will total 18 months before she moves to the UK. Is it possible for me to live with my partner for under six months on a standard visitor's visa in the U.K., then apply for a partnership visa once returning to the U.S.? If so, how long does the application process take? Thank you.

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Public Answer: 

Thank you for your question.

Generally, a partner visa is applied for from your country of residence, therefore, it is likely you will need to make your application to UK Visas and Immigration from America.

You may wish to apply as the partner of an EU national as your girlfriend is Swedish under an EU Family Permit.

An EU Family Permit will generally be issued for five years and allows the applicant to work and travel in the UK free from restrictions.

The conditions that must be met to obtain an EU Family Permit as an unmarried partner include:

- the EU citizen is exercising their Treaty rights in the UK (through being employed, self-employment, in study or self-sufficient)
- you intend to live together
- you are in a 'durable relationship' akin to marriage for two or more years.

You may be able to live with you partner for six months on a Visitor's Visa but it is likely that you will have to return to the US to apply for an EU Family Permit.

Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our contact form.

I look forward to hearing back from you soon.
Best regards,

OTS Solicitors

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