ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Visitor visa. 2 years living together requirement?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
peipeix
Newly Registered
Posts: 5
Joined: Mon Apr 26, 2021 9:54 pm
United Kingdom

Visitor visa. 2 years living together requirement?

Post by peipeix » Mon Apr 26, 2021 10:06 pm

I'm really struggling with this question. My wife is in the UK on a visitor visa and we're filling in the application for a spouse visa. We were granted exceptional assurance to stay longer, so think the spouse visa should be agreed based on similar rationale, including a new baby on the way.

In the application, it asks if we currently live together, which we have now for several months since she came here.

But it then wants us to provide details to show we've lived together 2 years. There is no option to skip this, or not accept it. It goes into detail about expecting evidence spread evenly over the 2 years.

Obviously this doesn't apply to our case. I know usually we wouldn't be able to apply from within the UK but covid is allowing it. So is that just the case. I tick the boxes to say I'll provide all this stuff, then say later how it's not applicable and explain our case?

Really appreciate any guidance or resource here.

User avatar
Casa
Moderator
Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Visitor visa. 2 years living together requirement?

Post by Casa » Mon Apr 26, 2021 10:08 pm

2 years co-habitation is a requirement for an Unmarried Partner visa, not a Spouse Settlement visa.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

peipeix
Newly Registered
Posts: 5
Joined: Mon Apr 26, 2021 9:54 pm
United Kingdom

Re: Visitor visa. 2 years living together requirement?

Post by peipeix » Mon Apr 26, 2021 11:35 pm

1) Thanks for your reply Casa. I know this. But don't understand why it forces the option in the form. It's asking me to tick a box to confirm I'll provide 2 years worth with 6 different pieces of evidence to prove we're living together.

2) Do you think we're eligible to apply on a visitor visa from within the UK, considering the current covid situation. Our exceptional assurance was recently approved. I'm getting mixed responses and really don't know where to get 100% valid confirmation of these things!
Some say that no one on a visitor visa can apply for a tourist visa.

peipeix
Newly Registered
Posts: 5
Joined: Mon Apr 26, 2021 9:54 pm
United Kingdom

Re: Visitor visa. 2 years living together requirement?

Post by peipeix » Mon Apr 26, 2021 11:36 pm

Casa wrote:
Mon Apr 26, 2021 10:08 pm
2 years co-habitation is a requirement for an Unmarried Partner visa, not a Spouse Settlement visa.
The visa route 'family visa route' is the same process, isn't it?

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 2:09 pm
United Kingdom

Re: Visitor visa. 2 years living together requirement?

Post by TODMATT » Tue Apr 27, 2021 12:22 am

peipeix wrote:
Mon Apr 26, 2021 10:06 pm
I'm really struggling with this question. My wife is in the UK on a visitor visa and we're filling in the application for a spouse visa. We were granted exceptional assurance to stay longer, so think the spouse visa should be agreed based on similar rationale, including a new baby on the way.

In the application, it asks if we currently live together, which we have now for several months since she came here.

But it then wants us to provide details to show we've lived together 2 years. There is no option to skip this, or not accept it. It goes into detail about expecting evidence spread evenly over the 2 years.

Obviously this doesn't apply to our case. I know usually we wouldn't be able to apply from within the UK but covid is allowing it. So is that just the case. I tick the boxes to say I'll provide all this stuff, then say later how it's not applicable and explain our case?

Really appreciate any guidance or resource here.
Anyone who is filling FLR M application either for the first time switching to spouse visa from other routes are generally asked to provide cohabitation proof however this is not a requirement for those who are switching for the first time except for people who are extending their leave after was granted previously or unmarried partners are required to provide 2 years of cohabitation proof so in your case just ignore but you must provide evidence to suggest both of you are in a genuine and subsisting relationship.
My opinions should not be constituted as an immigration or legal advice.

peipeix
Newly Registered
Posts: 5
Joined: Mon Apr 26, 2021 9:54 pm
United Kingdom

Re: Visitor visa. 2 years living together requirement?

Post by peipeix » Tue Apr 27, 2021 10:21 pm

TODMATT wrote:
Tue Apr 27, 2021 12:22 am
peipeix wrote:
Mon Apr 26, 2021 10:06 pm
I'm really struggling with this question. My wife is in the UK on a visitor visa and we're filling in the application for a spouse visa. We were granted exceptional assurance to stay longer, so think the spouse visa should be agreed based on similar rationale, including a new baby on the way.

In the application, it asks if we currently live together, which we have now for several months since she came here.

But it then wants us to provide details to show we've lived together 2 years. There is no option to skip this, or not accept it. It goes into detail about expecting evidence spread evenly over the 2 years.

Obviously this doesn't apply to our case. I know usually we wouldn't be able to apply from within the UK but covid is allowing it. So is that just the case. I tick the boxes to say I'll provide all this stuff, then say later how it's not applicable and explain our case?

Really appreciate any guidance or resource here.
Anyone who is filling FLR M application either for the first time switching to spouse visa from other routes are generally asked to provide cohabitation proof however this is not a requirement for those who are switching for the first time except for people who are extending their leave after was granted previously or unmarried partners are required to provide 2 years of cohabitation proof so in your case just ignore but you must provide evidence to suggest both of you are in a genuine and subsisting relationship.
Thanks for your reply Todd. There is no option but to check the box, so I can't ignore it. I guess I'll have to tick it and then explain in the cover letter.

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 2:09 pm
United Kingdom

Re: Visitor visa. 2 years living together requirement?

Post by TODMATT » Wed Apr 28, 2021 12:11 am

Yes you can do that.
My opinions should not be constituted as an immigration or legal advice.

myers1811
Newly Registered
Posts: 6
Joined: Thu Apr 29, 2021 7:03 pm
Mood:
England

Re: Visitor visa. 2 years living together requirement?

Post by myers1811 » Fri Apr 30, 2021 12:54 am

peipeix wrote:
Mon Apr 26, 2021 10:06 pm
I'm really struggling with this question. My wife is in the UK on a visitor visa and we're filling in the application for a spouse visa. We were granted exceptional assurance to stay longer, so think the spouse visa should be agreed based on similar rationale, including a new baby on the way.

In the application, it asks if we currently live together, which we have now for several months since she came here.

But it then wants us to provide details to show we've lived together 2 years. There is no option to skip this, or not accept it. It goes into detail about expecting evidence spread evenly over the 2 years.

Obviously this doesn't apply to our case. I know usually we wouldn't be able to apply from within the UK but covid is allowing it. So is that just the case. I tick the boxes to say I'll provide all this stuff, then say later how it's not applicable and explain our case?

Really appreciate any guidance or resource here.
Hi I am in a similar situation, my Canadian partner is here on a visitor visa! we've just found out she is pregnant (3 months today) so her returning to Canada doesn't work for us financially or as a family as we could be separated for god knows how long!

So we want to apply for the Spouse visa from inside the UK whilst she is on a spouse visa!

How did you find out that you've been granted "exceptional circumstances" to allow you to apply on a visitor visa?

Thank you

User avatar
ALKB
Respected Guru
Posts: 874
Joined: Mon Mar 26, 2012 12:32 pm
Location: Berlin
Germany

Re: Visitor visa. 2 years living together requirement?

Post by ALKB » Sat May 01, 2021 9:04 am

myers1811 wrote:
Fri Apr 30, 2021 12:54 am

How did you find out that you've been granted "exceptional circumstances" to allow you to apply on a visitor visa?

Thank you
You find out when

a) the visa has been granted

b) the visa has been refused

c) the visa has been granted under FLR (FP), which means a 10 year route to settlement and 4 visa applications instead of 2 before she is able to apply for ILR and citizenship.


Do you meet all the requirements?
I am not a regulated immigration advisor. I am offering an opinion and not advice.

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm
United Kingdom

Re: Visitor visa. 2 years living together requirement?

Post by JB007 » Sat May 01, 2021 11:15 am

peipeix wrote:
Mon Apr 26, 2021 10:06 pm
My wife is in the UK on a visitor visa and we're filling in the application for a spouse visa. We were granted exceptional assurance to stay longer, so think the spouse visa should be agreed based on similar rationale, including a new baby on the way.
myers1811 wrote:
Fri Apr 30, 2021 12:54 am
Hi I am in a similar situation, my Canadian partner is here on a visitor visa! we've just found out she is pregnant (3 months today) so her returning to Canada doesn't work for us financially or as a family as we could be separated for god knows how long!

So we want to apply for the Spouse visa from inside the UK whilst she is on a spouse visa!
Visitors are billed to use the NHS, at 150% of the cost. Up to the point their visas are granted, they will be billed.
Last edited by JB007 on Sat May 01, 2021 11:17 am, edited 1 time in total.

User avatar
Casa
Moderator
Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Visitor visa. 2 years living together requirement?

Post by Casa » Sat May 01, 2021 11:17 am

ALKB wrote:
Sat May 01, 2021 9:04 am
myers1811 wrote:
Fri Apr 30, 2021 12:54 am

How did you find out that you've been granted "exceptional circumstances" to allow you to apply on a visitor visa?

Thank you
You find out when

a) the visa has been granted

b) the visa has been refused

c) the visa has been granted under FLR (FP), which means a 10 year route to settlement and 4 visa applications instead of 2 before she is able to apply for ILR and citizenship.


Do you meet all the requirements?
See the background in the link below:
general-uk-immigration-forum/brp-whilst ... l#p2007241
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Locked