Spouse visa extension, cohab docs when not living together because of work?

[egoneo]

Hi,

my wife will soon be applying for her spouse visa extension. When she came to the UK on her spouse visa we initially lived in London together for the first six months, then due to the nature of her work (she's a doctor) she has to travel to different locations for training in the uk. She's based in Birmingham and im based in London and working, but we see each other almost every weekend. Some of her bank statements still get sent to my house.

Will this be a problem to explain to the HO, why we don't have 2 years of documents proving we live together? we have to live separately because of our jobs

[seagul]

.

Will this be a problem to explain to the HO, why we don't have 2 years of documents proving we live together? we have to live separately because of our jobs

Without the mandatory 2 years of cohabitation evidences the next visa (extension) might not approve. Also the purpose of spouse visa is to live together and then settled in UK with British sponsor & family.

[egoneo]

Hi Seagul,

Thanks for your speedy response, really appreciate

I agree when you say there's a chance it might not approve. the guidelines in the spouse visa extension allow either you or your spouse to work and submit evidence of income. However as a Doctor, due to training you can get placed in any part of the uk, usually with a few months notice. the choice was either stay at home for 5 years just to prove you live in the same place or get a job. I'm hoping the home office can understand this sentiment.

Her bank statements, hmrc docs, phone bills have always been addressed to our London address, however things like electricity, council and, water are different. So we do have evidence of cohabitation, however there is also evidence that we are split between two cities, or rather that she spends some time in another city and that is specifically for work. Should i mention this on the application to provide transparency, or should i just submit the evidence of the fact we share the same address and not mention it

[geoeng]

So we do have evidence of cohabitation, however there is also evidence that we are split between two cities, or rather that she spends some time in another city and that is specifically for work. Should i mention this on the application to provide transparency, or should i just submit the evidence of the fact we share the same address and not mention it

My suggestion would be to do both of those. Always best to be transparent and honest in the application so it's worth explaining the situation in a cover letter; however, in support of your application submit evidence of sharing the same address. Phrase it such that you live together when possible and intend to do so permanently but your current employment situation requires periods of time apart during the week.

This is the standard you are trying to meet:
"E-LTRP.1.10. The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so."

[seagul]

Hi Seagul,

Thanks for your speedy response, really appreciate

I agree when you say there's a chance it might not approve. the guidelines in the spouse visa extension allow either you or your spouse to work and submit evidence of income. However as a Doctor, due to training you can get placed in any part of the uk, usually with a few months notice. the choice was either stay at home for 5 years just to prove you live in the same place or get a job. I'm hoping the home office can understand this sentiment.

Her bank statements, hmrc docs, phone bills have always been addressed to our London address, however things like electricity, council and, water are different. So we do have evidence of cohabitation, however there is also evidence that we are split between two cities, or rather that she spends some time in another city and that is specifically for work. Should i mention this on the application to provide transparency, or should i just submit the evidence of the fact we share the same address and not mention it

A lot of matters if we generally speak about then look highly logical and acceptable but when these have to go through from immigration process then a lot of times they aren't deemed valid because caseworkers are chained up with their guidance. In my opinion you should clarify your situation in covering letter and hopefully it work if the required number of cohabitation documents are attached.

[egoneo]

Hi,

just to anyone who comes across this in the future

Spouse visa extension was granted successfully. Our situation was explained up front with a Cover letter(although i very much doubt they read it), good to be transparent up front.

If you're still stressing out, the six items spread over 2 years for cohabitation as proof seems to be more of an application requirement rather than immigration law, so subjective whether they can actually use this as a reason for denying a visa

(vi) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and
(vii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

ref https://www.gov.uk/guidance/immigration ... ly-members

[geoeng]

Spouse visa extension was granted successfully.

Congratulations.

[geoeng]

If you're still stressing out, the six items spread over 2 years for cohabitation as proof seems to be more of an application requirement rather than immigration law, so subjective whether they can actually use this as a reason for denying a visa

While the specifics of the evidence may be an application requirement, the need to provide evidence of cohabitation is in immigration law: paragraph E-LTRP.1.10. of Appendix FM, as noted previously.