Guidance on Living Together statement

[voarsh]

Hello.

I am sorry if this thread has been posted before, a lot to search through.

The UK GOV website says that you must have one of the following:

you’re in a civil partnership or marriage that’s recognised in the UK
you’ve been living together in a relationship for at least 2 years when you apply
you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving

Me and my partner have not been living together for 2 years, and if need be, will consider going to Canada for 2 years to live together for 2 years and apply for the UK Spouse visa.

I was wondering though if it were possible to still apply for the spouse visa while both of us are still in the UK if we had documented plans to live together by the time the visa application was submitted, along with being a proposed civil partnership?

[CR001]

If you are married, there is NO 2 year living together requirement, which is for unmarried partner visas only. The evidence required is for the two years immediately preceding date of application and not future intentions.

[voarsh]

If you are married, there is NO 2 year living together requirement, which is for unmarried partner visas only. The evidence required is for the two years immediately preceding date of application and not future intentions.

So you must be married before we apply? (In our case, before 11 months is up)

The timing is quite tight because we are both looking to change jobs and realise one (ideally both) must be in FULL-time employment with 6 months employment history (with the same employer), 6 bank statements and payslips.

Would it matter if just one of us were successful? I know the 6-month marriage visa means the other partner cannot work, so it is imperative the UK sponsor meets the requirements, despite the other partner meeting the financial requirement?

[CR001]

So you must be married before we apply? (In our case, before 11 months is up)

No, I did not say that. You must either be married OR have 2 years minimum substantial documented proof of 'living in a relationship akin to marriage' proving cohabitation and joint commitments.

The timing is quite tight because we are both looking to change jobs and realise one (ideally both) must be in FULL-time employment with 6 months employment history (with the same employer), 6 bank statements and payslips.

Would it matter if just one of us were successful? I know the 6-month marriage visa means the other partner cannot work, so it is imperative the UK sponsor meets the requirements, despite the other partner meeting the financial requirement?

If you apply from outside the UK, only the British sponsor (assuming one of you is British) UK income is counted. Note that if you are both outside the UK when you apply, there are additional requirements.

If you apply within the UK from another (non visitor) visa, then BOTH incomes can be used to meet the financial requirement.

[voarsh]

So you must be married before we apply? (In our case, before 11 months is up)

No, I did not say that. You must either be married OR have 2 years minimum substantial documented proof of 'living in a relationship akin to marriage' proving cohabitation and joint commitments.

The timing is quite tight because we are both looking to change jobs and realise one (ideally both) must be in FULL-time employment with 6 months employment history (with the same employer), 6 bank statements and payslips.

Would it matter if just one of us were successful? I know the 6-month marriage visa means the other partner cannot work, so it is imperative the UK sponsor meets the requirements, despite the other partner meeting the financial requirement?

If you apply from outside the UK, only the British sponsor (assuming one of you is British) UK income is counted. Note that if you are both outside the UK when you apply, there are additional requirements.

If you apply within the UK from another (non visitor) visa, then BOTH incomes can be used to meet the financial requirement.

Both of us are planning on changing jobs to make the 6 months employment requirement, matching the income requirement.

I am curious though, we would need to complete the marriage (get the certificate) just before the application is submitted. My question is, by that time, we may only be living together for less than 2-3 months by the time the visa application is submitted.

I am not even sure if the application should be submitted for FLR M or the fiance visa? (Remember, we're applying within the UK)

[Casa]

If you are married, there is NO 2 year living together requirement, which is for unmarried partner visas only.

What is the residence status and nationality of you BOTH? i.e Who holds a visa and under which category

[CR001]

I am not even sure if the application should be submitted for FLR M or the fiance visa? (Remember, we're applying within the UK)

It is FLR(M) spouse visa. You CANNOT apply for a 6 month fiance visa within the UK.

Both of us are planning on changing jobs to make the 6 months employment requirement, matching the income requirement.

You don't both have to each earn the required amount. If using two incomes, both must add up to at least £18,600pa.

I am curious though, we would need to complete the marriage (get the certificate) just before the application is submitted. My question is, by that time, we may only be living together for less than 2-3 months by the time the visa application is submitted.

If you are married, there is NO 2 year living together requirement, which is for unmarried partner visas only.

What is the residence status and nationality of you BOTH? i.e Who holds a visa and under which category

Also really important to answer Casa's question above on visa and nationality currently held for both of you.

[voarsh]

I am not even sure if the application should be submitted for FLR M or the fiance visa? (Remember, we're applying within the UK)

It is FLR(M) spouse visa. You CANNOT apply for a 6 month fiance visa within the UK.

Both of us are planning on changing jobs to make the 6 months employment requirement, matching the income requirement.

You don't both have to each earn the required amount. If using two incomes, both must add up to at least £18,600pa.

I am curious though, we would need to complete the marriage (get the certificate) just before the application is submitted. My question is, by that time, we may only be living together for less than 2-3 months by the time the visa application is submitted.

If you are married, there is NO 2 year living together requirement, which is for unmarried partner visas only.

What is the residence status and nationality of you BOTH? i.e Who holds a visa and under which category

Also really important to answer Casa's question above on visa and nationality currently held for both of you.

I'm a British citizen. My partner is from HK, not a British overseas national.
I would be the UK sponsor, the partner will be making the application on a work visa while in the UK.

[voarsh]

To sum up our case:

For me (British Citizen) and my partner (from Hong Kong, in the UK on a work visa) to change jobs within 2 months to get 6 months employment history with a yearly income of over 19K per year.

We'd look to go through the FLR M route, Category A?

In be in a civil partnership and live together (rent) within 6 months and make the application 4 months before my partners work visa expires.

[voarsh]

To sum up our case:

For me (British Citizen) and my partner (from Hong Kong, in the UK on a work visa) to change jobs within 2 months to get 6 months employment history with a yearly income of over 19K per year.

We'd look to go through the FLR M route, Category A?

In be in a civil partnership and live together (rent) within 6 months and make the application 4 months before my partners work visa expires.

However, when we make the application in approx (8-9 months) we won't have made 18K plus with the 6-month employment history. I am not sure if you need to just make 18,600K+ as a yearly income, or need proof that you've already been paid 18,600K+ with the 6-month employment history.

[CR001]

To qualify for FLR(M), you must submit evidence that you meet the financial requirement, either joint income or individual income, with evidence of 6 months payslips and 6 months bank statements. This is mandatory.

[voarsh]

I read somewhere on the FLR M visa route, it says you cannot switch from a work visa unless they are your dependant?

E.G
"When you cannot get a family visa
In some circumstances you cannot apply for, or switch to, a family visa."
"You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa.
You can apply to stay with them as a dependant instead."

The applicant would be on a 2-year work visa, already here for 1 year, almost 2 years by the time the application is submitted.

However, they will be married, living with me and looking to switch to the FLR M visa within the UK, Is this possible?
Or must they apply for the fiance visa for 6 months and then apply for FLR M?

[CR001]

You have misunderstood. Of course you can switch, 100s have done it.

Not sure where you got that extract from as you did not post the weblink.

What "work visa" does your partner hold exactly?? There is more than one category.

[voarsh]

You have misunderstood. Of course you can switch, 100s have done it.

Not sure where you got that extract from as you did not post the weblink.

What "work visa" does your partner hold exactly?? There is more than one category.

From: https://www.gov.uk/uk-family-visa

The visa my partner holds for 2 years in total is a Youth Mobility Scheme visa (Tier 5).

I was checking the VAF4A-Appendix2-08-18 document and it does not apply when applying inside the UK.
In such case, you apply here: https://visas-immigration.service.gov.u ... ily-routes
and then attach all the documentation you need or give it to them in an interview?

Most applications/advice assumes one of the partners will be outside the UK, not both in the UK.

[CR001]

The extract refers to you as the family member not the applicant for flr m. So if you had a work visa, she would have to apply for a different category dependent visa.

It isn't referring to her applying for something else if you are British.

[voarsh]

The extract refers to you as the family member not the applicant for flr m. So if you had a work visa, she would have to apply for a different category dependent visa.

It isn't referring to her applying for something else if you are British.

Can you supply the correct page/document for FLR M then? I thought FLR M was covered under this section as it was under https://www.gov.uk/uk-family-visa/partner-spouse/ page.

The partner holds the visa, which would be switched to FLR M.

[CR001]

That is the correct link. That is what she applies for to switch to a spouse visa within the UK once the requirements are met.

She is the partner applying to switch to a spouse visa because you are British.

[voarsh]

That is the correct link. That is what she applies for to switch to a spouse visa within the UK once the requirements are met.

She is the partner applying to switch to a spouse visa because you are British.

Sorry to bother, but I posted quite a lot of links. Can you clarify which one?

The Youth Mobility Scheme visa (Tier 5) (https://www.gov.uk/tier-5-youth-mobility/) says you cannot "extend your stay". Trying to switch to a FLR M while in the country, on the 2-year visa would count as trying to extend your stay? And therefore fail?

[CR001]

She cannot extend tier 5.

She can switch to FLR M which is a different visa category and therefore not an extension of tier 5.

You really are confusing different immigration routes and rules. Many have switched to FLR m from tier 5. Your circumstances are not unique.

[seagul]

Check successes on that route:

immigration-for-family-members/flr-m-su ... 51564.html

immigration-for-family-members/flr-m-su ... 51564.html

immigration-for-family-members/flr-m-ma ... 29227.html

[voarsh]

Thanks!

That gives me some hope.

Can anyone confirm for the first FLR M visa, as a civil partner, will they need the A2 test since they're applying within the UK?

It won't be the 6-month visa for a proposed civil partner, that needs just A1 English requirement.

[CR001]

A1. You can also do the B1 if you wish to.

[voarsh]

If you are married, there is NO 2 year living together requirement, which is for unmarried partner visas only. The evidence required is for the two years immediately preceding date of application and not future intentions.

About this paragraph
Can you clarify, that before the application is submitted, the two year requirement of living together is not necessary prior to submitting the application if you are married/in a civil partnership?

Can you also confirm if you must be married two years prior to the application?

[CR001]

Can you clarify, that before the application is submitted, the two year requirement of living together is not necessary prior to submitting the application if you are married/in a civil partnership?

Yes.

Can you also confirm if you must be married two years prior to the application?

No.

[voarsh]

Me and my civil partner will be applying for the marriage/civil partner visa in February.

Currently we are living with family. I assume we will need a letter stating we have permission, and can confirm that to be true (dated no older than 28 days before we submit the online application)?

I am not sure what documents we will need in both of our names (I've read that there's 6 docs that you need with our names on it? Not sure if that all applies in our case?), right now we have no bills/utilities in both our names, as it is in our family members name and do not yet have a joint bank account. Will we run into problems currently when it comes to submitting our application?

Are document submissions 100% online, or will we need to do it at the biometrics appointment time?