6 months out of 12 'rule'

[Lexxy24]

Hello
Apologies if this is already a topic, I've only just signed up and it's hard to navigate on my phone

I'm a British citizen and my partner is Canadian. He came here last July. He was initially planning on staying for 3 months but ended staying the full 6.

We're both a little confused regarding the 12 month rule. The officer when he landed didn't mention this to him, it was the officer in France after we had a trip there and were returning home that did. I've since read conflicting things online and so was wondering if anyone here had a clear answer.

Does the 12 month period begin from when he enters or when he leaves? Would he be able to come back now without an issue? Last year was his first visit so it's not as though he's been coming and going a lot previously.

Also, while I'm here, I've read that it would be easier if we were to get married in Canada rather than the UK, as I can go there as a tourist and just do it, and then he can apply for a marriage visa to the UK, can anyone confirm this? I have children and he doesn't, so it would be easier if he came to live here rather than vice versa. We're not planning on getting married just yet, however I thought I'd ask while I am here.

Any advice would be greatly appreciated

[Frontier Mole]

The 6 from 12 is not actual an immigration rule. It is more of a rule of thumb applied at the border to gauge the balance of probability that the visitor is not actually more of a resident.

So there is no stated measurement calculation that you can rely on to see if you fall foul or not.

A safe way is to look at the last 12 months, calculate how many days were spent in the UK.
Then taking a forward look at the rolling 12 months from this date on. Make sure the number of days never exceeds 180. That way you cover off the potential of last stay plus future proposed stays don't exceed the 6 months.

Marriage to overseas nationals.... Best done outside the UK because it is generally difficult as a rule in the UK and certainly not going to be readily granted to those with a visitor visa.

[Casa]

Also if you marry in the US you will require one initial visa fee of £1,195 (+ £600 NHS surcharge).
A fiance visa would be £1,195, followed by an additional fee of £811 FLR(M) application after the wedding (or £1311 if submitted in person) + £500 NHS surcharge.
Your husband would be able to work immediately with a spouse settlement visa, but only on a fiance visa once FLR(M) had been granted.

Do you have earnings of £18,600 per annum or £62,500 in savings in order to meet the mandatory minimum income level.

[Lexxy24]

Also if you marry in the US you will require one initial visa fee of £1,195 (+ £600 NHS surcharge).
A fiance visa would be £1,195, followed by an additional fee of £811 FLR(M) application after the wedding (or £1311 if submitted in person) + £500 NHS surcharge.
Your husband would be able to work immediately with a spouse settlement visa, but only on a fiance visa once FLR(M) had been granted.

Do you have earnings of £18,600 per annum or £62,500 in savings in order to meet the mandatory minimum income level.

Thankyou. We would be marrying in Canada rather than the US which is believe is a lot easier?

I previously had far higher than those earnings, however due to illness I had to leave my career and am now unfortunately on full disability benefits, so that it something else I will need to look into. I can gather those savings if necessary though from family.
I was surprised he was allowed in the first time as he didn't have a return ticket, has no children to return to, left his job to come here and I wasn't at the airport to meet him. However they called me, I had a little phone interview, he showed his bank statements etc and then let him right in.
He will have a return ticket this time though!

I've just got back from a month in Canada so his visit isn't booked or imminent, but we were under the impression he had to wait until next year and are very excited at the prospect he doesn't.

[vinny]

I previously had far higher than those earnings, however due to illness I had to leave my career and am now unfortunately on full disability benefits, so that it something else I will need to look into.

Are you receiving any of these benefits?

[Lexxy24]

I previously had far higher than those earnings, however due to illness I had to leave my career and am now unfortunately on full disability benefits, so that it something else I will need to look into.

Are you receiving any of these benefits?

I am indeed and I just followed your link about adequate maintenance too. Thank you so much