Spouse visa - success likelihood and eligibility to work?

[leeloy88]

I have not started any research on this yet so apologies if my questions are silly or obvious.

1. So my partner and I do NOT live together -->no cohabitation documents whatsoever. And even if we get married now we will not live together for at least another 1 year due to circumstances (we are in 2 different cities Surrey-Liverpool)

2. We've been together for 4 years.

3. I'm currently under tier 2 visa and he is British national.

4. No issue in proving the relationship is genuine and subsisting: photos, text messages, calls record, train tickets etc in the past 4 years. Just no cohabitation proof.

5. We both earning more than 20k a year each.

6. Sufficient saving of 20k in the accounts for 12 months under my name, no saving for him.

So my question is, if we decide to get married now, with all the registration etc done. How long do I have to wait to apply for the spouse dependant visa (switch from tier 2 to spouse visa - can I even do that??), and what do I need to get my application successful? Once I get it, what is my eligibility to work?

Hope I can get some guidances on this. Thanks.

[leeloy88]

Anyone please?

I have not started any research on this yet so apologies if my questions are silly or obvious.

1. So my partner and I do NOT live together -->no cohabitation documents whatsoever. And even if we get married now we will not live together for at least another 1 year due to circumstances (we are in 2 different cities Surrey-Liverpool)

2. We've been together for 4 years.

3. I'm currently under tier 2 visa and he is British national.

4. No issue in proving the relationship is genuine and subsisting: photos, text messages, calls record, train tickets etc in the past 4 years. Just no cohabitation proof.

5. We both earning more than 20k a year each.

6. Sufficient saving of 20k in the accounts for 12 months under my name, no saving for him.

So my question is, if we decide to get married now, with all the registration etc done. How long do I have to wait to apply for the spouse dependant visa (switch from tier 2 to spouse visa - can I even do that??), and what do I need to get my application successful? Once I get it, what is my eligibility to work?

Hope I can get some guidances on this. Thanks.

[Amber]

Anyone please?

I have not started any research on this yet so apologies if my questions are silly or obvious.

1. So my partner and I do NOT live together -->no cohabitation documents whatsoever. And even if we get married now we will not live together for at least another 1 year due to circumstances (we are in 2 different cities Surrey-Liverpool)

2. We've been together for 4 years.

3. I'm currently under tier 2 visa and he is British national.

4. No issue in proving the relationship is genuine and subsisting: photos, text messages, calls record, train tickets etc in the past 4 years. Just no cohabitation proof.

5. We both earning more than 20k a year each.

6. Sufficient saving of 20k in the accounts for 12 months under my name, no saving for him.

So my question is, if we decide to get married now, with all the registration etc done. How long do I have to wait to apply for the spouse dependant visa (switch from tier 2 to spouse visa - can I even do that??), and what do I need to get my application successful? Once I get it, what is my eligibility to work?

Hope I can get some guidances on this. Thanks.

Start off by reading here and here, working is fine on a spouse visa.

[leeloy88]

Thank you.

I'm particularly concerned about the fact that we do not live together. And even after the marriage. Given that we can provide marriage certificate, wedding photos, weekly train tickets, texts logs, phone logs etc. would that suffice. Does UKBA see not living together as a negative thing for the spouse visa application?

Anyone please?

I have not started any research on this yet so apologies if my questions are silly or obvious.

1. So my partner and I do NOT live together -->no cohabitation documents whatsoever. And even if we get married now we will not live together for at least another 1 year due to circumstances (we are in 2 different cities Surrey-Liverpool)

2. We've been together for 4 years.

3. I'm currently under tier 2 visa and he is British national.

4. No issue in proving the relationship is genuine and subsisting: photos, text messages, calls record, train tickets etc in the past 4 years. Just no cohabitation proof.

5. We both earning more than 20k a year each.

6. Sufficient saving of 20k in the accounts for 12 months under my name, no saving for him.

So my question is, if we decide to get married now, with all the registration etc done. How long do I have to wait to apply for the spouse dependant visa (switch from tier 2 to spouse visa - can I even do that??), and what do I need to get my application successful? Once I get it, what is my eligibility to work?

Hope I can get some guidances on this. Thanks.

Start off by reading here and here, working is fine on a spouse visa.

[MPH80]

I don't believe your application will succeed as you don't meet requirement E-LTRP.1.10.

[leeloy88]

I don't believe your application will succeed as you don't meet requirement E-LTRP.1.10.

The 'intent to live together' is what I'm worried about as well.

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.

However, the rule says unless 'there is good reason' not to do so. And also from UkBA:

What evidence is required of 'intention to live together'?
Intention to live permanently with the other means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently as husband and wife immediately following the outcome of the application in question or as soon as circumstances permit.

The reason we have not and will not live together even after the marriage is because we both have jobs and they are in different cities. We have evidence of him constantly looking for for jobs where I live (emails with agencies, job interview schedules etc) but not yet able to find one. So the 'intent to live together' is very much open for interpretation. We definitely have the intention, but circumstances don't allow. And as soon as it allow, we will live together. So hopefully that suffices this requirement.

Thoughts?

[Lekore]

So the 'intent to live together' is very much open for interpretation.

It's not something they will assess for FLR(M) - as you say it's kinda hard to prove. However they do assess it for SET(M) when you apply for ILR. At that point it's hard to say really - no-one has yet completed 5 years under the new rules which came in last July. Safest way might be to delay making the application until you are about to start living together?

[leeloy88]

It would be the partner visa FLR(M) for now, I'm pretty sure (hopefully!!!) after 5 years when I'm ready for ILR we would be living together at that time haha. This semi-distance thing right now is only temporarily.

But please correct me if I'm wrong, I'm always under the impression that partner/spouse visa is different from FLR(M)?? So they are the same?

So the 'intent to live together' is very much open for interpretation.

It's not something they will assess for FLR(M) - as you say it's kinda hard to prove. However they do assess it for SET(M) when you apply for ILR. At that point it's hard to say really - no-one has yet completed 5 years under the new rules which came in last July. Safest way might be to delay making the application until you are about to start living together?

[Casa]

When you say 'partner' visa, hopefully you mean you intend to apply for a spouse extension visa - FLR(M) after the wedding. An Unmarried Partner Visa won't succeed. The fact that you don't intend to live together after you're married may also raise a problem as you'll have to give proof of adequate joint accommodation.
As has already been advised, you'll be have to submit documented evidence of a joint address covering the full 2.5 years when you submit the next visa extension application.

[leeloy88]

When you say 'partner' visa, hopefully you mean you intend to apply for a spouse extension visa - FLR(M) after the wedding. An Unmarried Partner Visa won't succeed. The fact that you don't intend to live together after you're married may also raise a problem as you'll have to give proof of adequate joint accommodation.
As has already been advised, you'll be have to submit documented evidence of a joint address covering the full 2.5 years when you submit the next visa extension application.

Sorry I think I have made it super not clear. I want to apply for a switch to a married spouse visa from my current tier 2 employment visa, after we get married.

We of course intent to live together, if he or I find a job in the other person's city now, we will live together straight away. The only reason I fear we will not YET live together after the wedding is because we don't want to rush and compromise the salary and job prospect etc just so we can live in the same city, we want to take time and find the right job. He has been having a lot of interviews and still actively looking. So maybe next month, next year, in 2-3 years, we will then live together.

So my question is, when I apply for the switch, is it FLR(M) I'm applying for? Or a different one?

And with all the evident and the genuine reason that we want to live together so much but due to our jobs we have to live apart. He has to travel weekly to see me on the weekends and we have train tickets, photos evidence for all that. Hoping with this genuine reason, not living together will not reduce the success likelihood of my application?

[Lekore]

FLR(M) = limited leave to remain as spouse or unmarried partner of a person present and settled in the UK.

[casnz]

Based on my experiences you should be fine if you switch AFTER getting married. I had my FLR(M) declined yesterday because although having lived together for >2 years over our >4 year relationship, due to work committments we weren't living together for the full 2 year period immediately preceeding application.

At the appointment the woman gave me two options...Tier 2, or get married (we're engaged so it was on the cards anyway). I asked "surely it will be dodgy if we turn up here in a month to reapply having gotten married last week", and her response was that it doesn't matter because you'll be married. Essentially marriage removes the need to have proof or >2 years of cohabitation (as she said, many cultures don't live together before marriage so they can't enforce that rule if you are married).

So, you should be able to apply immediately after getting married & if successful won't have any restrictions on working.

Hope this is useful.