Unmarried Partner visa- Time of Cohabitation period

[Amiabey]

Hi- reaching out as I have heard some legal advice that directly conflicts with each-other both concerning the unmarried partner visa.

My partner (UK national) and I (US national) lived in the UK together for 2 years 3 months (August 2017- October 2019) living in the same flat (with tenancy agreements as proof, bills, etc.) during my time of study in the UK. I exited the UK on the 14th October 2019, when my Tier 4 student visa due to expire, and was due to apply for our unmarried partner visa at the earliest date possible- which was in April 2020 and for me to return ASAP. We were unable to apply early as my partner is a sole director of his company only as of April 2019 and therefore needed a full 12 months of pay-slips or tax returns (as was advised by our initial advisor).
*Might be worth noting he is now ALSO employed as of Dec 2019.

Our new consultant has told us as that though the unmarried partner visa is based off of a 24 month period of living together, it is highly unlikely we would qualify for this visa (if we were to do so with me out of uk till April 2020) as we would have been living separately for the past 7 months, and on this visa I should not have left the country with us living seperately for more than 90 days at most (currently at this date exactly!).

This overall would leave a 7 month gap of me being outside the UK and us living separately, though I only left the UK on the premise that this was out
Of necessity and would not be an issue.

We are now being told the best route would be through a different family visa (fiancé or spouse)- and as we were planning on getting married anyway to do so now. Though our intentions were always for this to happen completely outside of our visa needs.

Does anyone else have any experience with this period of cohabitation not being directly prior to the date of submission of visa? Please help!

[Amber]

Assessing whether the relationship has subsisted for two years

‘Living together’, should be applied fairly tightly, with a couple providing evidence that they have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more.

Periods apart for up to six months would be acceptable for good reasons, such as work commitments, or looking after a relative as long as:

it was not possible for the other partner to accompany; and

the applicant can show evidence that the relationship continued throughout that period, for example, by visits, letters, logged phone calls.

GEN.1.2. For the purposes of this Appendix “partner” means-

(i) the applicant’s spouse;
(ii) the applicant’s civil partner;
(iii) the applicant’s fiancé(e) or proposed civil partner; or
(iv) a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application, unless a different meaning of partner applies elsewhere in this Appendix.

Consider compelling reasons why you have been separated, considering evidence of a subsisting relationship, consider marriage or civil partnership?