Intend to live together?

[donna-k]

Good evening all:

Intention to live together requirement - I hope someone will be able to help. My partner and I are getting married in May this year. We're not living together at the moment - I live with my mother who is very old (80 years old) and my partner lives in a rented accommodation. He is renting through a private agency and the contract is going to come to an end in July 2012 before he can then decide whether he wants to continue to live there or find a new house. We both want to live together but circumstance often prevents us from doing so, with my mother's condition she can't live alone due to health condition, though we always spend time together over the weekend. My partner is thinking to move near to my current house so that we can live together and I am still able to see my mother everyday.

Could anyone advise us how to tackle this "intention to live together" requirement please - we are not sure how we are going to do about this. Do we actually need to live together before applying? Is there any way that we can do about this?

Thank-you for reading.

Best wishes, Donna

[vinny]

See also SET3.6 What evidence is required of 'intention to live together'?

[donna-k]

See also SET3.6 What evidence is required of 'intention to live together'?

Vinny, thank you for the link. Reading the judgement by Keen J:

In a case considered in the High Court in November 1996 Keen J held that:

'The concept of intention is no doubt a complex one, but it appears to me that one can indeed have a genuine intention, notwithstanding that the carrying out of that intention is dependent on, or could be frustrated by, some extraneous event.'

He went on to conclude that the requirement of the Rules relating to the intention of the parties to the marriage could be met where the British citizen (or legally resident foreign national) spouse insisted on remaining in the United Kingdom. In other words, a conditional intention to live together could be sufficient to meet the 'intention to live together permanently' requirement.

This means that I pass the test, is this correct? Thank-you