Gay marriage with Filipino : Residency Rules

[harry53]

I am a gay guy and in the future want to live permanently with my Filipino boyfriend here in the UK. This is not to get him residency alone, but so we can live together. At first he can only stay 6 months in any 12 months period. If we then get married here in the UK, does anyone know what the situation is to enable us to spend all year together ?

I am English, own my own apartment and can fully support him, so I have no money worries. Will the Immigration/Visa dept see this in a different way, and suspect he just wants to get a way into the UK ? This is not the case believe me

[harry53]

The Visa requirements state : The rules, however, do make clear that an application can be made by ‘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’. The prior cohabitation is mandatory – it is not sufficient that you have just been in a relationship for 2 years.

So if my boyfriend can only stay in the UK for 6 months at a time (and I cannot live with him for the other 6 months in the Philippines), does that mean we can never satisfy the requirements for 2 years living together, and in fact, never will be able to ?

[CR001]

If you are married, you apply for a spouse settlement visa for him. He must apply from his home country and meet the English A1 test requirement from an HO approved test centre and you must meet the £18,600pa income with evidence.

https://www.gov.uk/join-family-in-uk/overview

The 2 years cohabitation is ONLY applicable if he applies for an unmarried partner visa. Even if married, you will have to submit evidence of subsisting marriage, ie. contact, visits etc.

He also should try not to stay in the UK as a visitor for 6 months, this is residing and not visiting.

[harry53]

Thanks for the reply. I retire next year so I will not earn £18000 a year, but will have savings and pension.I will have enough for us both.

As for co-habitating, if we are only together for 6 months a year (for 2 years),will that be unacceptable to the application ? Also are you saying he can stay for 6 months on a visitors visa, which I think is standard, and that is the best option ?

Thanks for the help

[CR001]

No, 'visiting' for 6 months and being apart for 6 months won't work. You need to show a full 24 months of cohabitation if you are NOT married. Not such requirement if you ARE married.

A visit is for a couple/few weeks, not months as then he is clearly not a genuine visitor who has taken holiday from work for example.

To use savings, you need £62,500 held in an accessible account for a minimum of 6 months. It is calculated slightly differently depending on what your monthly pension will be.

[harry53]

Thank you again. So I want him to stay with me in December for a month, then return in April 18 for another month. What type of visa would he be best to apply for those visits? He is in between college and work atm so has no income or work. However he has all my full documentation (proof of ownership, council tax, salary slip, bank statement, and invitation to come here as I will sponsor him fully.

So if we got married in the UK on one of his visits, we then do not need to prove 2 year co-habitation ? But obviously the problem still exists that he cannot stay here all year, and I have to satisfy the financial requirements.

I be sounding a bit stupid with these questions but it seems complicated. I appreciate your help. I am just looking to the future and trying to ascertain if it is possible for us to live as a couple

[Casa]

Thank you again. So I want him to stay with me in December for a month, then return in April 18 for another month. What type of visa would he be best to apply for those visits? He is in between college and work atm so has no income or work. However he has all my full documentation (proof of ownership, council tax, salary slip, bank statement, and invitation to come here as I will sponsor him fully. Highly likely for a visit visa to be refused if he is unemployed and has no strong ties to his home country, regardless that you will be sponsoring him financially.

So if we got married in the UK on one of his visits, we then do not need to prove 2 year co-habitation ? But obviously the problem still exists that he cannot stay here all year, and I have to satisfy the financial requirements. It's not permitted to marry in the UK while on a visitor visa. He would have to apply for a fiance visa from his home country if he intends to stay here after marrying. 2 years of co-habitation isn't a requirement if marrying which I believe has already been advised.

I be sounding a bit stupid with these questions but it seems complicated. I appreciate your help. I am just looking to the future and trying to ascertain if it is possible for us to live as a couple

[CR001]

He applies for a visitor visa to visit but he must submit substantial evidence of his social, family and financial ties to his home country to prove he is a genuine visitor and will leave the UK.

If he states he is coming for 1 month and stays for 6 months (validity of the visit visa), expect problems for future visitor visa applications.

To get married, he needs to correct visa (marriage visitor visa and will have to leave the UK OR a Fiance Visa per the link I already provided but he would be able to switch to spouse visa within the UK once married) to do this as you are required to give 28 days notice at an HO approved Registry office and because he is non-EU, this notice period can be extended to 70 days for HO to investigate and/or interview you separately before granting permission to marry.

Have you met in person?

Edit : beaten by Casa

[harry53]

Thanks again. Yes we had a holiday together this February when I went to Philippines. I have met his family, but his parents died when he was 8. He does not ask for money or residency here, in fact he would prefer me to live there part time, but that is not an option.

He is going to get a job and has strong family ties, in fact it is his birthday today.

Sounds as if in the future he applies for a marriage visa, but as you said, it might be 70 days for interviews to take place before we marry. If that would mean he stands more chance living with me (and I will have sufficient funds), maybe that is the way forward

Again to clarify, for this coming Xmas, and next easter, is it best to apply for a 6 month visa ?

[Casa]

If you read through CR001's last post again you will see that if he applies for a Marriage Visitor visa he will have to return home after the wedding.
If he intends to remain in the UK after you marry he will have to apply for the more expensive Fiance visa.

[harry53]

So if we get married in the future (on a wedding visa) he will can stay here longer but not indefinitely. I guess there are more hoops to jump through to allow him to stay here full time?

Referring to a previous reply, he will not have any real financial status at home, and that is why I must be financially secure, to look after him. He, after marrying, and time here maybe he can work a little.

There is so much I do not know and I feel a bit thick, as I have much to learn.

[Casa]

If he is granted a Fiance visa, after you marry he would apply for a FLR(M) visa which would give a 2.5 year period of limited leave to remain. After which he would apply for a further 2.5 year visa before qualifying for permanent residence (ILR) at the end of the 5 years of residence.

[harry53]

thankyou for some good positive news. when could he work if he was married to me and here for 2.5 years

[Casa]

thankyou for some good positive news. when could he work if he was married to me and here for 2.5 years

As soon as he's been granted his FLR(M) visa after you're married. He can't work while on a fiance visa.