You did not say if you are working or not. Be reminded that you need a job in the UK before you can take any EU rights which entitles a non-EU spouse to work in the UK.

The possibility of getting married in the UK or going back to Mexico for a Fiancee visa depends on the nature of her Tourist Visa. If the authorities allow her to register for a Marriage and if you have a job, then she can will be allowed to stay.

You seem to have too many 'ifs' in your circumstance and the Home Office doesn't really take kindly to too many 'ifs' or uncertainties.

I suggest you first get a job (if you haven't) and then make an enquiry from the marriage registrar if your girlfriend's tourist visa allows her to register for a marriage.

When these have been done then you can go on to the next stage of getting her a permit!!

 

I will advise you to apply for the ILR permit to make things much easier. Tcehnically you don't need it but for the purposes of defning your Partner's immigration status, the Home Office may need some information on you. You have to prove that you've been in the system for the past 4yrs to be entitled to ILR. Your work contract and other documents (bills, rental agreement etc) should be sufficient to prove your residence in the UK.

With the above circumstance its highly likely she would be asked to go back to Mexico and apply for a 6 Months Fiancee Visa. You don't need to accompany her. Evidence of your Work contract and relationship/living together (store card letter, library letter, etc, just to prove her address, as well as some photos taken in the last couple of years) should be sufficient.

The only problem you will have is that the UK Fiancee Visa is only valid for 6 Months and is given with the expectation that her entry is being facilitated for the sole purpose of marriage. So if she is not married after 6 months she could become an overstayer.

 

Hi Anton,

You did request for an opinion on Unmarried Partner's Visa. I gave one for a Fiancee Visa. Apologies. Yes, there is a possibility for applying for an Unmarried Partners Visa from Mexico provided you can prove that :


• you currently live and are settled in the UK
• you are aged over 18 and your sponsor is aged over 18.

You must show that:
• any previous marriage, or similar relationship, has permanently broken down

• you have been living together in a relationship similar to marriage for two years or more

• you have suitable accommodation which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds

• you can support yourselves and any dependants without any help from public funds

• you intend to live together permanently

The Entry Clearance Officer in Mexico will need to see evidence of a two-year relationship. This may include:
• documents showing joint commitments, such as bank accounts, investments, rent agreements or mortgages

• letters linking you to the same address, and

• official records of your address, such as your National Insurance card or health card.

At first, she will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still partners and intend to continue living together, she can apply to stay permanently in the UK.

The only other issue is that your Partner falls under UK Law and not EU Law because the UK does not issue EEA Permits for Unmarried partners therefore any future problems will strictly be governed by the more rigid UK rules.

 

I will suggest you speak to the Embassy in Mexico and ask them what sort of evidence will be acceptable to them.