fast tracked Spouse visa application situation

[pantonet9x]

Hi all,
I've been looking information up regarding an upcoming appointment and thought I'd ask for some advice here.

My wife and I met back in August 2014 in London. She's from Hong Kong and was here on a student visa. She completed her studies last year and successfully applied for the Tier 5 visa.
She's in full-time employment earning over the required £18,600

We had been thinking about our future together and decided to take over a local takeaway, so I quit my job at the beginning of the year and have been working out the business stuff. In the meantime, I've been claiming universal credit. It's taken longer than I had thought, so I've been living off credit cards and universal credit until we're open in 2-3 months.

We'd given notice of marriage earlier this year and set the date, 11/08, which means we've been married for 2 weeks now. The home office wrote and said there was no need to investigate our relationship and granted us the right to marry.

We have recently found out that she wouldn't be able to own and work in the shop on her Tier 5 visa, so she panicked and booked the spouse visa fast track appointment for the end of the month, and this is where I feel the problems will start.

We've been together for 3 years and live down the road from each other. Her parents bought a property in London which she's currently living in and I'm in a house share. Her place is too small for us both as is mine, so we stay together, but on paper we're not living together.
We don't have a joint account or anything else in both of our names.

Having looked over the application form, the questions regarding living are quite black and white and I cannot figure out how to answer them in a way where the application won't be rejected.

We have evidence of our relationship, (pictures, videos, several holidays and trips booked together, few transcripts as we spend every day together), but I'm starting to worry that it won't be enough.

The ceremony was small. 2 witnesses, as her family are abroad and we're heading back to HK in October to work out the proceedings for the formal Chinese wedding towards the end of next year (if we're lucky).
She also wanted to get the whole thing sorted before we travel so she'll have her documents rather than sending them off and waiting up to 6 months.

I've seen some people have spent a year or so working out their forms and we have about 2 weeks if that to get it all together.

We'd spoken about marrying earlier in the year, but we had planned to get married on our anniversary which has left us very little time for everything else.

In your opinion, what do you think is the likely outcome and what do you suggest we do to prepare?
She's been reading Chinese forums about people's success stories, but I'm not convinced.

Any help would be great.
thanks.

[Casa]

FLR(M) requires evidence that you have been living together since the marriage. I suggest that you find suitable accommodation for you both as soon as possible.

When does her Tier 5 visa expire

[pantonet9x]

Her tier 5 expires next May or June.

She has half of her belongings at mine and I have some stuff at hers, so I guess we could put one or the other address down, but we'll need proof and I'm worries anything we try to obtain now will be dated and may look suspicious given it'll be a week or so before the appointment.

[Casa]

Why do you believe your wife needs to switch to FLR(M) immediately? Is this due to the issue of the business you are setting up together?

In any event, to be able to meet the minimum income level your wife will be required to submit a letter from employer confirming the terms of her employment and that this is a permanent position and is continuing.

[pantonet9x]

It is.
She can setup or be a part of a limited company in or outside of the country, but to work for the company will be a different situation.

Given our trip and our open date, she's worried she won't be able to legally work in the shop and that could cause problems with HMRC

[pantonet9x]

Why do you believe your wife needs to switch to FLR(M) immediately? Is this due to the issue of the business you are setting up together?

In any event, to be able to meet the minimum income level your wife will be required to submit a letter from employer confirming the terms of her employment and that this is a permanent position and is continuing.

She has her letter and terms of employment. She meets the minimum income level, but has also put money into starting this business. As far as I know, she can change employment on either visa and I could employ her, but she'll be down as a director too, so I don't know.

Regarding living together, as she owns her property, can she not write a letter saying we live together or something like that? What can we do in a week to prove it other than take pictures of the 3/5 of my wardrobe that she's filled with her clothes?

[Casa]

Why do you believe your wife needs to switch to FLR(M) immediately? Is this due to the issue of the business you are setting up together?

In any event, to be able to meet the minimum income level your wife will be required to submit a letter from employer confirming the terms of her employment and that this is a permanent position and is continuing.

She has her letter and terms of employment. She meets the minimum income level, but has also put money into starting this business. As far as I know, she can change employment on either visa and I could employ her, but she'll be down as a director too, so I don't know.

Regarding living together, as she owns her property, can she not write a letter saying we live together or something like that? What can we do in a week to prove it other than take pictures of the 3/5 of my wardrobe that she's filled with her clothes? The Case Worker isn't going to take your word and give you the benefit of doubt, without documented proof.

[pantonet9x]

OK. Fair point.
I'll have to figure something out in time then, otherwise it'll be a wasted journey and money.
Thanks for your replies