Fiancee visa extension evidence of co-habitation - Requirements on online application form

Hi,

I’d be grateful if anyone could provide some clarity on which scenarios it is required to provide evidence of co-habitation.

E-LTRP.1.10. of Immigration Rules Appendix FM: family members (found on the gov.uk site) states:

“The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.”

Does this mean that it is only required to provide evidence of co-habitation in these cases?:
- The first instance of extending an FLR (M) visa (i.e. after a 2.5-year period)
- Applying for indefinite leave to remain (After a 5-year period)

I.e. is it NOT required for:
- Fiancée visa applications (clear from the text)
- The first spouse visa application, when first switching from a Fiancée visa

My interpretation of it not being required for the first spouse visa application are:
- Reference is made to the last grant of limited leave to remain (which I presume is the first spouse visa application?). Is this distinct from further leave to remain? Does Further leave to remain refer to the application after a 2.5 year period?
- The "since entry clearance was granted under D-ECP1.1" section presumably refers to a partner entering the UK as a spouse. I can't find the text for D-ECP1.1, as it appears to be in another document.

Any clarity would be much appreciated.

jrp777 wrote: ↑

Mon May 25, 2020 9:39 pm

Does this mean that it is only required to provide evidence of co-habitation in these cases?:
- The first instance of extending an FLR (M) visa (i.e. after a 2.5-year period)
- Applying for indefinite leave to remain (After a 5-year period)

Correct

jrp777 wrote: ↑

Mon May 25, 2020 9:39 pm

I.e. is it NOT required for:
- Fiancée visa applications (clear from the text)
- The first spouse visa application, when first switching from a Fiancée visa

Yes but evidences of subsisting relationship will be needed.

Hi,

My fiancée and I are currently in the process of applying for a fiancée visa extension. For clarity, we are extending because we have been unable to get married due to the COVID-19 outbreak.

Whilst completing the application form, it states:

“You must provide at least 6 items of correspondence, addressed to you and your partner jointly or in both your names. The dates of the items of correspondence should be spread evenly over the whole 2 years. They should be from at least 3 different sources. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you. For example - 4 items of correspondence in joint names to the same address and 2 items addressed to each partner at the address. In total 8 items would need to be submitted. If you and your partner have no bills or correspondence in joint names, you will need to submit 12 items (6 each) of correspondence evidencing that you reside together at the same address.”

Does this apply in our scenario for a fiancée visa extension? We only started living together after the fiancée visa was granted and in any case have been in our relationship for less than two years.

I note from E-LTRP.1.10. of the Immigration Rules Appendix FM: family members (found on the gov.uk site) that this states:

“The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.”

Therefore, I understand that proof of cohabitation evidence is only required in these circumstances:
- The first instance of extending an FLR (M) visa (i.e. after a 2.5-year period)
- Applying for indefinite leave to remain (After a 5-year period)

I.e. it is NOT required for:
- Fiancée visa applications (clear from the text)
- The first spouse visa application, when first switching from a Fiancée visa

This was confirmed by another poster in this post, but I’m very keen to avoid any issues with our visa extension: immigration-for-family-members/requirem ... l#p1901375

First, it's best to keep all posts related to your situation in one thread rather than starting a new one each time.

Second, seagul has already answered this question and that answer remains applicable now. The application form is unfortunately the same for all FLR(M) applications and the document requirements generated will therefore occasionally not apply to your situation, which would be the case here.

Hi,

Thanks for the response. Apologies for the duplication, however I was seeking clarity in light of the information given on the application form.

Glad it's cleared up now.