Zero Hour Contract

[UKJPcouple]

Hi everyone

I have a question regarding the timing of application.

My girlfriend moved to the UK from Japan on 1/6/2017. She is on a YMS tier-5 visa for 2 years. Her visa will expire 1/6/2019.

We are in the process of completing the application and plan to submit the application around the 20th of May. 10 days short of 2 year cohabitation. (We lived together in Japan for 4 months and been in relationship for 5 years and 6 months)

Now my question is:
If we submit FLR M application before current visa expires and we don’t have decision until after current visa expires i.e after 1/6/2019, will my partner be illegally overstaying?

Will they refuse on a technicality of not cohabiting for exactly 2 years in the UK?

Thank you

[CR001]

No, not overstayer if an application is submitted online before the current visa expires. The existing visa conditions continue under Section 3C of the immigration rules until a decision is made. This applies even the application is submitted and paid online the day before her visa expires.

Note that the 2 year rock solid evidence of a relationship akin to marriage is mandatory for an unmarried partner visa. There is no discretion for this.

[UKJPcouple]

No, not overstayer if an application is submitted online before the current visa expires. The existing visa conditions continue under Section 3C of the immigration rules until a decision is made. This applies even the application is submitted and paid online the day before her visa expires.

Note that the 2 year rock solid evidence of a relationship akin to marriage is mandatory for an unmarried partner visa. There is no discretion for this.

Thank you for your quick reply.

Regarding the 2 year requirement - On top of the almost 2 year period in the UK with correspondence spanning the 2 years, we also have our tenancy contract from Japan where we lived together for 4 months back in 2014. Would that be acceptable?

[CR001]

Regarding the 2 year requirement - On top of the almost 2 year period in the UK with correspondence spanning the 2 years, we also have our tenancy contract from Japan where we lived together for 4 months back in 2014. Would that be acceptable?

Yes, any documentation that proves the relationship akin to marriage etc.

[UKJPcouple]

Hi

My company only offers online payslips.
I plan to print them and ask my employer to confirm my employment and the payslips.

MY QUESTION IS:

Who shall I get to sign the document?

Line manager?
Payrol manager?
HR?

Please advice.

Thank you

[CR001]

Hi

My company only offers online payslips.
I plan to print them and ask my employer to confirm my employment and the payslips.

MY QUESTION IS:

Who shall I get to sign the document?

Line manager?
Payrol manager?
HR?

Please advice.

Thank you

HR should be fine.

[UKJPcouple]

Hi

I am currently collating the correspondence to our address which covers the 2 years of cohabitation.

According to the application:
"In total 8 items would need to be submitted. If you and your partner have no bills or correspondence in joint names, you will need to submit 12 items (6 each) of correspondence evidencing that you reside together at the same address."

We have 3 joint letters. Does this mean we only need 5 other individual letters to make up the 8 required?

[CR001]

Kindly keep all questions on the same application in one topic.

See also multiple topics/posts (click)

[CR001]

Hi

I am currently collating the correspondence to our address which covers the 2 years of cohabitation.

According to the application:
"In total 8 items would need to be submitted. If you and your partner have no bills or correspondence in joint names, you will need to submit 12 items (6 each) of correspondence evidencing that you reside together at the same address."

We have 3 joint letters. Does this mean we only need 5 other individual letters to make up the 8 required?

You need evidence for every 3 months or so from joint or individually addressed at the same address from between 6 to 12 sources. As unmarried partner, your evidence must be rock solid and substantial to prove 'relationship akin to marriage'.

[UKJPcouple]

Hi

I am currently collating the correspondence to our address which covers the 2 years of cohabitation.

According to the application:
"In total 8 items would need to be submitted. If you and your partner have no bills or correspondence in joint names, you will need to submit 12 items (6 each) of correspondence evidencing that you reside together at the same address."

We have 3 joint letters. Does this mean we only need 5 other individual letters to make up the 8 required?

You need evidence for every 3 months or so from joint or individually addressed at the same address from between 6 to 12 sources. As unmarried partner, your evidence must be rock solid and substantial to prove 'relationship akin to marriage'.

We will be applying for the unmarried partner -
Here is our documents spanning June 2017 to June 2019

1. June 2017 - JOINT Tenancy Agreement
2. Sept 2017 - JOINT Tenancy Agreement
3. Jan 2018 - SPONSOR Border Force letter
4. May 2018 - APPLICANT NHS letter
5. Aug 2018 - SPONSOR Pension or HMRC letter
6. Dec 2018 - APPLICANT Pension letter
7. Mar 2019 - SPONSOR Bank statement
8. May 2019 - JOINT Bank statement

This is spread every 3-4 months. What do you think?

[CR001]

You need more than that to prove the relationship akin to marriage with joint financial commitments and responsibilities.

Utility bills, council tax, etc etc

Each individual item you are using must cover the 2 year period, ie 2 years utility bills, 2 years bank statements if you are using them as evidence of relationship.

See page 63 and 64 of the old paper form to see what HO expects to see.

https://webarchive.nationalarchives.gov ... -form-flrm

Unmarried partner visas are heavily scrutinised, hence the mandatory 24 months rock solid evidence required.

[UKJPcouple]

You need more than that to prove the relationship akin to marriage with joint financial commitments and responsibilities.

Utility bills, council tax, etc etc

Each individual item you are using must cover the 2 year period, ie 2 years utility bills, 2 years bank statements if you are using them as evidence of relationship.

See page 63 and 64 of the old paper form to see what HO expects to see.

https://webarchive.nationalarchives.gov ... -form-flrm

Unmarried partner visas are heavily scrutinised, hence the mandatory 24 months rock solid evidence required.

Our tenancy agreement states that our rent includes utility bills and council tax. We have already confirmed this in another question about joint financial commitments earlier in the application.

Regarding your second point, I cannot see anywhere which states that each individual item must cover the 2 year period?

I thought the documents requested are supposed to be spread across the 2 years to prove you have lived together in the same address.

[CR001]

Regarding your second point, I cannot see anywhere which states that each individual item must cover the 2 year period?

I thought the documents requested are supposed to be spread across the 2 years to prove you have lived together in the same address.

The 24 months 'living in a relationship akin to marriage' and evidence to prove this is mandatory, there is no discretion. Many have been refused for failing to meet this mandatory requirement. Note this ONLY applies to unmarried partner visas.

https://www.gov.uk/government/publicati ... ners-set05

12. SET5.12 Assessing whether the relationship has subsisted for two years

‘Living together’, should be applied fairly tightly, with a couple providing evidence that they have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more.

Periods apart for up to six months would be acceptable for good reasons, such as work commitments, or looking after a relative as long as:

it was not possible for the other partner to accompany; and
the applicant can show evidence that the relationship continued throughout that period, for example, by visits, letters, logged phone calls.

13. SET5.13 What types of evidence might demonstrate living together and a relationship akin to marriage / civil partnership?

The applicant must provide six pieces of correspondence addressed to him / her and their partner at the same address as evidence that they have been living together during the past 2 years. The items of correspondence should be addressed to them jointly or in both their names. If they do not have enough items in their joint names, they may also provide items addressed to each of other individually if they show the same address for both of them. The documents provided must be originals and should be spread over the whole 2 years; they should also be from at least 3 different sources. Examples of what documentation the applicant could provide are listed below:

Joint commitments, (such as joint bank accounts, investments, rent agreements, mortgage, life insurance policy naming the other partner as beneficiary etc);
Birth certificates or records of any children of the relationship, showing both partners as parents;
Any official correspondence linking both partners to the same address, for example Council Tax, utility bills, Doctors records;
Any other evidence that adequately demonstrates the couple’s long-term commitment to each other.

https://www.gov.uk/uk-family-visa/partner-spouse

What you’ll need to prove

You must be able to prove one of the following:

you’re in a civil partnership or marriage that’s recognised in the UK

you’ve been living together in a relationship for at least 2 years when you apply

you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving

[UKJPcouple]

Regarding your second point, I cannot see anywhere which states that each individual item must cover the 2 year period?

I thought the documents requested are supposed to be spread across the 2 years to prove you have lived together in the same address.

The 24 months 'living in a relationship akin to marriage' and evidence to prove this is mandatory, there is no discretion. Many have been refused for failing to meet this mandatory requirement. Note this ONLY applies to unmarried partner visas.

https://www.gov.uk/government/publicati ... ners-set05

12. SET5.12 Assessing whether the relationship has subsisted for two years

‘Living together’, should be applied fairly tightly, with a couple providing evidence that they have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more.

Periods apart for up to six months would be acceptable for good reasons, such as work commitments, or looking after a relative as long as:

it was not possible for the other partner to accompany; and
the applicant can show evidence that the relationship continued throughout that period, for example, by visits, letters, logged phone calls.

13. SET5.13 What types of evidence might demonstrate living together and a relationship akin to marriage / civil partnership?

The applicant must provide six pieces of correspondence addressed to him / her and their partner at the same address as evidence that they have been living together during the past 2 years. The items of correspondence should be addressed to them jointly or in both their names. If they do not have enough items in their joint names, they may also provide items addressed to each of other individually if they show the same address for both of them. The documents provided must be originals and should be spread over the whole 2 years; they should also be from at least 3 different sources. Examples of what documentation the applicant could provide are listed below:

Joint commitments, (such as joint bank accounts, investments, rent agreements, mortgage, life insurance policy naming the other partner as beneficiary etc);
Birth certificates or records of any children of the relationship, showing both partners as parents;
Any official correspondence linking both partners to the same address, for example Council Tax, utility bills, Doctors records;
Any other evidence that adequately demonstrates the couple’s long-term commitment to each other.

https://www.gov.uk/uk-family-visa/partner-spouse

What you’ll need to prove

You must be able to prove one of the following:

you’re in a civil partnership or marriage that’s recognised in the UK

you’ve been living together in a relationship for at least 2 years when you apply

you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving

My query was about your point that each individual item has to cover the 2 year period. You said "2 years bank statement" but surely this would be at least 24 items of correspondence?

I understand the 24 month requirement of living together - we have lived together continuously for this period and the documents show this. We have been in a relationship for over 5 years, living together previously in Japan. My partner moved to the UK on a Tier 5 YMS visa in June 2017 and we have lived together since.
I can't see clearly why the correspondent documents I posted earlier, are not sufficient.

Comparing our documents to SET5.13
- 'joint commitments' - our joint bank account and 2 joint rent agreements.
- 'official correspondence linking both partners to the same address' - all other letters

We are submitting 8 separate documents which span the 24 months, with 3-4 month intervals. The documents are either jointly named, sponsors name or applicants name.

[Casa]

Unmarried Partner visa applications come under close scrutiny, especially when the applicant's current visa is close to expiry. The Case Worker will be looking for documented evidence which proves you are in a relationship 'akin to marriage' and not simply 'friends/flatmates'.

I believe the reason behind CR001's advice regarding bank statements over the 2 year qualifying period is that they would prove/or disprove your financial history and for example that you have both contributed to household costs, rent etc. You only appear to have evidence of any joint financial responsibility this year which may give the CW 'wriggle room' to decide that the bank account was only opened for the purpose of obtaining the visa. The question may be raised as to why you've chosen to keep your finances separate during most of the period you've been together.

You may well have shared living costs etc., but you should do your best to find proof of this. For example, is your partner named as a beneficiary on your pension documents?

I'm playing devil's advocate here.

[UKJPcouple]

Unmarried Partner visa applications come under close scrutiny, especially when the applicant's current visa is close to expiry. The Case Worker will be looking for documented evidence which proves you are in a relationship 'akin to marriage' and not simply 'friends/flatmates'.

I believe the reason behind CR001's advice regarding bank statements over the 2 year qualifying period is that they would prove/or disprove your financial history and for example that you have both contributed to household costs, rent etc. You only appear to have evidence of any joint financial responsibility this year which may give the CW 'wriggle room' to decide that the bank account was only opened for the purpose of obtaining the visa. The question may be raised as to why you've chosen to keep your finances separate during most of the period you've been together.

You may well have shared living costs etc., but you should do your best to find proof of this. For example, is your partner named as a beneficiary on your pension documents?

I'm playing devil's advocate here.

Ok I understand.

In the 2 year period we have lived in 3 different addresses, including a month at my parents. We have tenancy agreement for the 2 and letter from parents for the 1 month stay.

My partner has paid a portion of the rent every month into my account so perhaps we should show these transactions on a separate document?

[Casa]

Do you have a copy of the bank statements showing these transactions? Named beneficiary on both of your pension documents would carry more weight.

[UKJPcouple]

Do you have a copy of the bank statements showing these transactions? Named beneficiary on both of your pension documents would carry more weight.

Yes I have records of the 19 bank transfers going back to December 2017, which should be enough.
In regard to pension beneficiary, I've added my partner and now have a letter to prove it.

I hope these are enough.

[UKJPcouple]

Hi

My partner is applying for a spouse visa, which I am sponsor.

I have been with the same employer for over a year but i have a zero hour contract.

I have earned over £2000 for the last 6 months which is above the threshhold. I have a letter from employer and HR department confirming this and the payslips and bank statements to prove it

Would this be acceptable in peoples experience?
Would it be specified as a non-salaried employment?

Please advice.
Thank you

[seagul]

Hi

My partner is applying for a spouse visa, which I am sponsor.

I have been with the same employer for over a year but i have a zero hour contract.

I have earned over £2000 for the last 6 months which is above the threshhold. I have a letter from employer and HR department confirming this and the payslips and bank statements to prove it

Would this be acceptable in peoples experience?
Would it be specified as a non-salaried employment?

Please advice.
Thank you

Wages under zero hour contract usually vary each month, therefore, yes you can apply under non-salaried person. Zero hour contract will be fine.