Family of settled person visa (spousal) - Length apart? HELP

[BradleyMinns]

Good evening I'm hoping someone could shed some light on the length of time I can be away from my partner and still get a family of settled person visa?

Been together 6 years, Engaged 2. We met here in the UK, I then moved to South Africa for 4.5 years so we have proof of relationship etc.. We decided we would like to settle back here in the UK. My research at the time led me to believe that I must return, find a job earning over £18,600 and once I have 6 months payslips and a house then she could apply for her family of a settled person visa?

I returned in June, started a job that meets the requirements in September so I have 3.5 months untill I have 6 payslips..

But now we've heard today that we cant spend more than 6 months apart!? Forgive me but I cant see the logic? If she is in South Africa and must apply for this visa from her home country and I must be here settled and earning the minimum amount how can we still be living together?

Any advise or insight to calm the situation would be greatly appreciated.

[Casa]

Good evening I'm hoping someone could shed some light on the length of time I can be away from my partner and still get a family of settled person visa?

Been together 6 years, Engaged 2. We met here in the UK, I then moved to South Africa for 4.5 years so we have proof of relationship etc.. We decided we would like to settle back here in the UK. My research at the time led me to believe that I must return, find a job earning over £18,600 and once I have 6 months payslips and a house then she could apply for her family of a settled person visa?

I returned in June, started a job that meets the requirements in September so I have 3.5 months untill I have 6 payslips..

But now we've heard today that we cant spend more than 6 months apart!? Forgive me but I cant see the logic? If she is in South Africa and must apply for this visa from her home country and I must be here settled and earning the minimum amount how can we still be living together?

Any advise or insight to calm the situation would be greatly appreciated.

Welcome to the forum.

If you are applying as unmarried partners generally more than 6 months apart will break the 2 year co-habitation qualifying period.

You mention that you are engaged. Have you considered applying for a fiance visa and marrying in the UK?

[BradleyMinns]

Hi Casa,
Thank you for your reply.

I still cant understand the logic, to meet one requirement we must loose another?
Does it help that my name is still on the tenancy agreement on our house in SA? That expires in Febuary.

Yes we have discussed it and want to get married but we cant afford a wedding right now, all our money is going into visa, flights and sending our animals over!

[Casa]

Why not consider marrying in a UK Registry Office for less than £100 and having a wedding blessing and larger celebration later.

Although admittedly entering on a fiance visa would require an additional application after the wedding, when your wife would have to switch to a FLR(M) spouse visa with a fee of £811 (postal) + the NHS surcharge of £500

If you're now living in the UK, your name on the tenancy agreement in SA won't be considered as continuing co-habitation.

If the UPV is refused you'll lose the £1195 application fee.

Unfortunately, many of the Immigration Rules aren't logical.

Edit: Reading through your first post again, you've been living together for 4+ years. This may well mean that the 6 month separation won't be relevant, but standby for others to comment.

See: (iv) a person who has been living with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application,

This suggests that you qualify.

[BradleyMinns]

Why not consider marrying in a UK Registry Office for less than £100 and having a wedding blessing and larger celebration later.

Although admittedly entering on a fiance visa would require an additional application after the wedding, when your wife would have to switch to a FLR(M) spouse visa with a fee of £811 (postal) + the NHS surcharge of £500

If you're now living in the UK, your name on the tenancy agreement in SA won't be considered as continuing co-habitation.

If the UPV is refused you'll lose the £1195 application fee.

Unfortunately, many of the Immigration Rules aren't logical.

Edit: Reading through your first post again, you've been living together for 4+ years. This may well mean that the 6 month separation won't be relevant, but standby for others to comment.

See: (iv) a person who has been living with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application,

This suggests that you qualify.

Casa,
Thank you again for the reply.
Yes we lived together for 4.5 years, it would be great if that would make the difference. I had heard originally that we couldn't be apart for more than 1 year. I feel that we should qualify by what I had read on the .gov site but would be great to clarify.. Is their anyway to find out from an official?

What you say about the fiance visa makes sense and will be our next option. Certainly cant afford to lose the money on a denied visa. I see that it gives you 6 months to marry, if this was done in the first month can we then apply for the spouse visa straight away? Would she have to leave the country? Can she work once she has switched to the spousal?

Sorry for all the questions, what an ordeal!

[Casa]

Yes, you would be able to switch to FLR(M) immediately after the wedding without leaving the UK.

Your wife wouldn't be able to work until FLR(M) has been granted but if the application is submitted in person at a PSC for the premium fee of £1311, the visa is generally granted on the same day.

A postal application may take up to 3 months to process, so you may want to weigh up the cost of the lower fee of £811 against the level earnings which could make up for the premium fee.

[ALKB]

Why not consider marrying in a UK Registry Office for less than £100 and having a wedding blessing and larger celebration later.

Although admittedly entering on a fiance visa would require an additional application after the wedding, when your wife would have to switch to a FLR(M) spouse visa with a fee of £811 (postal) + the NHS surcharge of £500

If you're now living in the UK, your name on the tenancy agreement in SA won't be considered as continuing co-habitation.

If the UPV is refused you'll lose the £1195 application fee.

Unfortunately, many of the Immigration Rules aren't logical.

Edit: Reading through your first post again, you've been living together for 4+ years. This may well mean that the 6 month separation won't be relevant, but standby for others to comment.

See: (iv) a person who has been living with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application,

This suggests that you qualify.

Casa,
Thank you again for the reply.
Yes we lived together for 4.5 years, it would be great if that would make the difference. I had heard originally that we couldn't be apart for more than 1 year. I feel that we should qualify by what I had read on the .gov site but would be great to clarify.. Is their anyway to find out from an official?

What you say about the fiance visa makes sense and will be our next option. Certainly cant afford to lose the money on a denied visa. I see that it gives you 6 months to marry, if this was done in the first month can we then apply for the spouse visa straight away? Would she have to leave the country? Can she work once she has switched to the spousal?

Sorry for all the questions, what an ordeal!

Just a thought: how much would be a return flight to South Africa for you? Less than the fiancé visa application fee?

Might be a lot easier to go back, get married there and apply directly for a spouse visa - no cohabitation issues and no waiting period for her while transitioning from fiancée to spouse visa in the UK. (And you get to see each other.)

[Casa]

Good option, as long as the time spent outside of the UK doesn't drop your monthly income below the level needed to qualify for £18,600 p.a pro-rata (6 months @ £9.300)

[BradleyMinns]

Hi!
Unfortunately me visiting south africa in the next 5 years is not possible as I left between visa's...

My partner coming here is our only option, we are hoping to pursue the spousal visa for now and make a choice closer to the time based on what info we have about this 6 month rule, In the mean time I will gather what info I can on the fiance visa.. Did you know if she would have to leave the UK in between getting married here and applying for a spouse visa, or could she apply and stay here after we are married?

Thank you for all your help,
Brad

[KatieWills]

After entering UK on a fiancee visa you would have 6 months to get married. Once wed, your wife would apply for the FLR(M) visa from within the UK. I believe there is an option to apply for same day service so no waiting for a decision. She would need a further renewal after 2.5 years to make a total of 5 years before she could apply for ILR.

[Casa]

Yes, you would be able to switch to FLR(M) immediately after the wedding without leaving the UK.

Your wife wouldn't be able to work until FLR(M) has been granted but if the application is submitted in person at a PSC for the premium fee of £1311, the visa is generally granted on the same day.

A postal application may take up to 3 months to process, so you may want to weigh up the cost of the lower fee of £811 against the level earnings which could make up for the premium fee.

You may have missed this earlier in the thread

[BradleyMinns]

Thank you very much for all the info, we are weighing up both options.

Is there a "HOW TO" post that covers how to apply for the fiance visa and what documentation is needed?

Thanks again,
Brad

[NZama1]

Hi,
After marrying my fiance, we intend to apply for flr(m) from within the uk, however how do we provide evidence of living together as fiance currently on six month visa. Do we need to register joint utility and bank accounts inorder to prove living at same address together?

[Casa]

Hi,
After marrying my fiance, we intend to apply for flr(m) from within the uk, however how do we provide evidence of living together as fiance currently on six month visa. Do we need to register joint utility and bank accounts inorder to prove living at same address together?

Please open your own topic with this. High jacking another member's thread is unfair and causes confusion.

[Casa]

Thank you very much for all the info, we are weighing up both options.

Is there a "HOW TO" post that covers how to apply for the fiance visa and what documentation is needed?

Thanks again,
Brad

The basic procedure:
Apply for fiance visa on form VAF4a under Settlement. https://www.gov.uk/join-family-in-uk/exceptions
Submit:
Evidence of income showing £18.600 p.a
6 months payslips + 6 months corresponding bank statements
Proof of relationship including how you keep in contact during time apart
Proof of adequate accommodation
Examples of a wedding in planning - quotes for venue, caterers, invitations etc., enquiry with Registry Office.

Once the fiance visa has been issued, you have 6 months in which to marry and apply for FLR(M) in the UK.
After the wedding, submit a FLR(M) application as explained earlier in this thread.
https://www.gov.uk/remain-in-uk-family/apply