Tier 2 dependent - substantiating relationship

Hi all,

I have accepted a role in the UK and they will be sponsoring me on a Tier 2 visa and I would like to have my non-married partner join me as a dependent.

From my reading of relevant policy documents, we must prove that we 'have been living in a relationship akin to marriage/civil partnership for a period of at least two years'

From my discussions, people have said that this means you have to prove co-habitation with your partner, but I don't see that strictly defined in the policy guidance provided on the official UK Government website (relevant policy included below).

My questions:
- Is the 2 year co-habitation a strict rule? Or is the intention to demonstrate that the relationship is genuine and subsisting? In the case of my relationship, we have been together for over 2 years, though my partner had to return to Mexico for a year in the middle. We lived together in Australia prior and after this, albeit this is ~6-7 months in total. We have a shared bank account and utility bills etc. Additionally, we did multiple trips together in the year she was away and I spent a month in Mexico with her. I believe we could demonstrate a good case of our relationship being genuine, though this would only be possible if 2-years c-habitation isn't a strict requirement.
- If this 2 year co-habitation requirement is strict, am I correct in thinking that if we got married it would waive this requirement? We won't be submitting our visa application for ~8 weeks, and we were intending to get married at some point but were in no particular rush, so this is something we would happily do if it simplifies the process
- If we were to be married, would doing this a month or so before the visa application be viewed negatively?

Many thanks.

Relevant policy references below:

55. If you are applying as a family member of a PBS migrant or Appendix W Worker and your last
grant of leave was not as their dependant or you are a child born in the UK, you will need to
demonstrate your relationship is genuine and subsisting.

56. Where you are married or in a civil partnership to a Main Applicant, you must provide your
marriage or civil partnership certificate to support your application. You should also supply
evidence of the circumstance of your relationship including, but not limited to, documents listed
in paragraph 57 below. You may also be invited to an interview to explain the context and
genuine nature of your marriage.

57. Where you are applying as the partner of a Main Applicant but are not married or in a civil
partnership with them you will need to provide documents to show that you have been living in
a relationship akin to marriage/civil partnership for a period of at least two years – documents
should therefore cover the whole of this period. Documents will only be accepted where they
are from official sources such as utility bills or NHS registration.

The 2 year period of living together in a relationship akin to marriage with 2 years evidence to prove it is mandatory if you are unmarried.

If married, there is no such requirement.

CR001 wrote: ↑

Sun May 26, 2019 10:06 am

The 2 year period of living together in a relationship akin to marriage with 2 years evidence to prove it is mandatory if you are unmarried.

If married, there is no such requirement.

Many thanks CR001. Understood.

Regarding marriage timing, do you have a view on whether being married 2 weeks before the visa application could be an issue? Assuming all else is in order (i.e. we live together, share bank accounts, on utility bills, etc).

AbcUK11 wrote: ↑

Sun May 26, 2019 11:18 am

Regarding marriage timing, do you have a view on whether being married 2 weeks before the visa application could be an issue? Assuming all else is in order (i.e. we live together, share bank accounts, on utility bills, etc).

I think you are conflating two different requirements.

Paragraph 319C(b)(i)-Ii) require that

The applicant must be the spouse ... of a person who ... has valid leave to enter or remain as a Relevant Points Based System Migrant ..., or ... is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant

That is shown by your marriage certificate, regardless of when you were married.

Separately, the Entry Clearance officer must be satisfied that you also meet 319C(d) and (e):

(d) The marriage ... must be genuine and subsisting at the time the application is made.
(e) The applicant and the Relevant Points Based System Migrant ...must intend to live with the other as their spouse ... throughout the applicants stay in the UK.

This is when someone married very recently may need some additional evidence that the marriage is "genuine and subsisting" and that each of the couple "intend(s) to live with the other as their spouse".

There are several existing topics about this.