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unmarried couple for FLR gaps and benefit claim

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taitai
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Joined: Mon Jan 28, 2019 12:27 pm
China

unmarried couple for FLR gaps and benefit claim

Post by taitai » Mon Jan 28, 2019 8:28 pm

Hi, please bear with me as a very new member here.

I need some advice on FLR visa application as an unmarried couple.
My partner is a British citizen and I am non-EU passport currently holding T1 Graduate visa(My visa status: Oct 2016-end of Jan 2018 T4 general; Apr 2018-present T1 Graduate)

We started to live together in the UK in August 2017. The timeline in the UK as below:
August-September 2017 Student accommodation
September 2017-End of March 2018 Private Rent from Agency
End of May 2018-present (2019) Private Rent from Agency

1. It is said that applicants need to produce six pieces of correspondence addressed to them jointly from three different sources, spread evenly throughout the period of the two years they've been living together.

I just started to prepare the documents recently and I lost some of the original documents such as letting agreement. If I request those documents from providers again, do they qualify as “spread evenly”?

2. We changed three addresses in the UK. Do we need to produce six pieces of correspondence addressed to them jointly from three different sources separately for all of them? The first address was a student accommodation so there is the only proof of stay issued by the agency. We do not have bills etc. for that period.

3. What are the rules around the lenience of up to 6 months apart?
I went back to my home country at the end of Jan 2018 and stayed till April (about 3 months). My partner came to visit me for about 1 month in my home country. I came back to the UK and stayed at my friend’s while my partner staying in her hometown for about a month. Then we stayed together at our friend’s place till we started the new flat lease at the end of May.
In short, from the end of Jan to the end of May there is a 4-month gap although we visited each other and held the flat lease. Also, for the period we stayed at friend’s places, we do not have any proof.

My partner occasionally went overseas every time for about 2 weeks~1 months, she might also go abroad to work for three months soon. How would these holiday/work leaves affect the 2 year period?

4. My partner is claiming universal credit on her own from 2017. I am working full time and above the 18600 income line. Would it affect my application? When does she need to stop the benefit claim?

Thank you.

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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
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Re: unmarried couple for FLR gaps and benefit claim

Post by Casa » Mon Jan 28, 2019 9:32 pm

When are you intending to submit your FLR(M) application? You won't qualify as an unmarried partner until
August 2019 when you complete the mandatory 2 year period of living together in a relationship 'akin to marriage'. :idea:

Has your income been declared in your partner's Universal Credit claim :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

taitai
Newly Registered
Posts: 4
Joined: Mon Jan 28, 2019 12:27 pm
China

Re: unmarried couple for FLR gaps and benefit claim

Post by taitai » Tue Jan 29, 2019 10:17 am

Casa wrote:
Mon Jan 28, 2019 9:32 pm
When are you intending to submit your FLR(M) application? You won't qualify as an unmarried partner until
August 2019 when you complete the mandatory 2 year period of living together in a relationship 'akin to marriage'. :idea:

Has your income been declared in your partner's Universal Credit claim :?:
No, she has been claimed for universal credit/job seeker on and off by herself as single.

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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: unmarried couple for FLR gaps and benefit claim

Post by Casa » Tue Jan 29, 2019 2:02 pm

taitai wrote:
Tue Jan 29, 2019 10:17 am
Casa wrote:
Mon Jan 28, 2019 9:32 pm
When are you intending to submit your FLR(M) application? You won't qualify as an unmarried partner until
August 2019 when you complete the mandatory 2 year period of living together in a relationship 'akin to marriage'. :idea:

Has your income been declared in your partner's Universal Credit claim :?:
No, she has been claimed for universal credit/job seeker on and off by herself as single.
The HO cross-checks information with other Government departments. For the Universal Credit claim your partner has declared that she is single
and in your unmarried partner application you intend to state you are a cohabiting couple. :idea:

The Case Worker will consider that one or the other statement is false. :!:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

taitai
Newly Registered
Posts: 4
Joined: Mon Jan 28, 2019 12:27 pm
China

Re: unmarried couple for FLR gaps and benefit claim

Post by taitai » Tue Jan 29, 2019 7:14 pm

The HO cross-checks information with other Government departments. For the Universal Credit claim your partner has declared that she is single
and in your unmarried partner application you intend to state you are a cohabiting couple. :idea:

The Case Worker will consider that one or the other statement is false. :!:
[/quote]

Do you think it is better for me to apply as a civil partnership/marriage?

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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: unmarried couple for FLR gaps and benefit claim

Post by Casa » Tue Jan 29, 2019 9:22 pm

A civil partnership is for same gender couples. Does this apply to you?

In order to marry in the UK you will have to register with a Home Office designated Registry Office. The registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days. This may be your only option if you don't meet the 2 year co-habitation requirement for unmarried partners.

Your partner will have to sort out the situation with her Universal Credit claim. Claiming as a single person when she has been living with a partner (who has an income) is considered to be benefit fraud. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

taitai
Newly Registered
Posts: 4
Joined: Mon Jan 28, 2019 12:27 pm
China

Re: unmarried couple for FLR gaps and benefit claim

Post by taitai » Wed Jan 30, 2019 10:29 am

Casa wrote:
Tue Jan 29, 2019 9:22 pm
A civil partnership is for same gender couples. Does this apply to you?

In order to marry in the UK you will have to register with a Home Office designated Registry Office. The registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days. This may be your only option if you don't meet the 2 year co-habitation requirement for unmarried partners.

Your partner will have to sort out the situation with her Universal Credit claim. Claiming as a single person when she has been living with a partner (who has an income) is considered to be benefit fraud. :idea:
Yes. We are a same-sex couple. I understand the benefit claim is a problem. But is there any way around to still apply as an unmarried couple? We would like to avoid civil partner/marriage

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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: unmarried couple for FLR gaps and benefit claim

Post by Casa » Wed Jan 30, 2019 1:21 pm

taitai wrote:
Wed Jan 30, 2019 10:29 am
Casa wrote:
Tue Jan 29, 2019 9:22 pm
A civil partnership is for same gender couples. Does this apply to you?

In order to marry in the UK you will have to register with a Home Office designated Registry Office. The registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days. This may be your only option if you don't meet the 2 year co-habitation requirement for unmarried partners.

Your partner will have to sort out the situation with her Universal Credit claim. Claiming as a single person when she has been living with a partner (who has an income) is considered to be benefit fraud. :idea:
Yes. We are a same-sex couple. I understand the benefit claim is a problem. But is there any way around to still apply as an unmarried couple? We would like to avoid civil partner/marriage
Not unless you have documented proof of living together in a durable relationship 'akin to marriage' for a minimum of 2 years.

Also bear in mind that ANY application may be refused due your partner's single claim and receipt of Universal Credit. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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