canglish

Hi all,

This site helped me massively years back when I was going through my own visa process in Canada, so I'm hoping I can get some more advice this time around!

A quick background on my situation.

U.K. Citizen born and raised...moved out to Canada in 2007 after a 2 year stint from 04 - 06 on a bunac visa. Went alone and to chase the dream! Met my partner in late 07 and started living together in 2009.
April 2016 we moved to the U.K for me to pursue a work opportunity. She came over on a youth mobility visa (28 when she got it)

We are looking to remain in the U.K so are applying for the spousal visa. My concern is this. Any kind of evidence we have as living together since 09 to 16 is either in Canada in storage somewhere or thrown away!! We have managed to get 2 letters from the 2 landlords we rented from, a letter from each set of parents confirming the relationship (I was told this was accepted?) we have a letter from the insurers we used stating we had insurance from them but listed as individuals not as a joint policy (same address on the letters) I found 2 canadian tax returns online from 2015 and 2016 where we filled as a common law couple which im hoping is ok to use.
Since returning home, we have been staying at my parents to save for our own house. We have a joint bank account and gym memberships in our names. I had trouble getting a phone, Bills etc set up in my name when we got back as I had been gone near 10 years and had no credit here anymore, so everything is in my dads name.
We are getting married December 15th, approved by the home office and all ready to go.
Normal thinking wife to be says this is plenty of evidence, anxious me isn't so sure!
Also may be worth noting I'm a dual citizen (Canadian) acquired this in 2015.
We meet the financial requirements of 18k a year plus we have the required savings of 16k too.

If anyone could advise on documentation needs and what is/isn't accepted then it'd be greatly appreciated.
Apologies for the long, jumbled read!

Thanks in advance.

BritInParis

Applying as a unmarried couple could prove difficult but providing you are getting married before you lodge you shouldn't have a problem.

SanDiegogirl

As you are getting married in December 2017 and will be applying for a spouse visa, you merely have to produce evidence that your relationship and marriage is genuine.

So, you don't have to produce evidence of long term co-habitation. In addition to your landlord letters, letters from insurers, tax returns, joint bank accounts etc you might want to include a few photos of family events etc.

From the sounds of it you have plenty to prove your marriage is not one of convenience.

If you meet the financial requirements through income of 18,600 GBP, then you don't need the 16K savings (don't know where you got this 16K figure from but if you had a shortfall in income you would need the shortfall x 2.5 PLUS the 16K)

You'll need to present payslips, bank statements, employment letters etc.

You also need to show that you have met the accommodation requirements.

Financial requirement details are below:

https://www.gov.uk/government/upload...ment_Final.pdf

canglish

Thanks for the replies! To clarify...

I am lead to believe we need to prove we have lives together for 2 years prior to applying? Hence the need to find landlord letters etc.

We both make over the 18k requires which I believe can be combined income? I also read that if you didn't make this, then you could use savings which needed to be £16,000. I could very easily be confused and wrong on this...I know we don't need the savings as our income is fine, just being double cautious!
I am self employed so have a copy of last years self assessment to submit as evidence and my partner has a letter from her employer, as well as our joint bank account

Thank you again!!

Thanks again!

BritInParis

Given that it's only a couple of months away I would wait until you are married.

Providing your combined income is over £18,600 then you don't need any savings.

SanDiegogirl

Get married in December. Personally, I don't think you have enough documentation evidence for an unmarried partner visa. Going for an unmarried partner visa is far more risky.

Read the document I linked for you carefully. You have to decide which category to apply under.

The formula for working out how much savings you need if earning less than 18,600 GBP is this:

Shortfall x 2.5 (to cover first 2.5 years of visa) = XXXX. Plus 16,000GBP

canglish

Fair enough. I'm not sure how much more evidence I could come up with to apply as an unmarried couple. Surely they can't discriminate against those that choose not to get married though? Like you said, there's only 2 months until we do get married, so maybe it is worthwhile just holding off until we get hitched and have a piece of paper to show them!

SanDiegogirl

They don't discriminate against those that apply as unmarried partners, but you need good evidence of a minimum of two years continuous co-habitation.

canglish

Would landlord letters dating back 8 years with no break in timeline, bank statements, letters from parents, tax returns, letters going to and from the same address in the U.K. for the last 18months as well as hundreds and hundreds of photos, emails etc all not be enough evidence? Was told over the phone today when I called that we need 6 pieces of evidence.
Obviously, this forum has a lot more real world experience dealing with the process, so will most definetly take all of your advice 😁

BritInParis

Your first post said you didn't think you had enough evidence to apply as is and we agreed. Not sure why you have suddenly changed your mind and you're so keen to apply now. Waiting six months for a refusal is going to make you look pretty stupid when you could have just waited another six weeks before applying. Your fiancée's visa won't expire until April. What's the rush?

canglish

[QUOTE=BritInParis;12367886]Your first post said you didn't think you had enough evidence to apply as is and we agreed. Not sure why you have suddenly changed your mind and you're so keen to apply now. Waiting six months for a refusal is going to make you look pretty stupid when you could have just waited another six weeks before applying. Your fiancée's visa won't expire until April. What's the rush?

Haven't changed my mind mate, just asking. Sorry, comes across a bit funny when I re read it. No attitude intended.
In all honesty, we just want to get it over and done with...no rush, just hate the not knowing...and I've been there before with my visas and residency stuff in Canada.
Is there a limit on time left on her visa that we have to apply before? Like you said, she has 6 months remaining. Can we apply up to a certain time?

SanDiegogirl

[QUOTE=canglish;12367887] If you switched your leave within UK from fiancé(e) visa or any other non-visit visa (such as Tier 4 student, Tier 5 YMS or Tier 2 General) to leave to remain as spouse/partner on form FLR(M), your leave will be for exactly 30 months so you can renew up to 28 days before its expiry. This is also the case for ILR (settlement) application after being in UK for 5 years.

BritInParis

No worries. I can understand your frustration but frankly this process is far too expensive, time consuming and stressful to rush and then get wrong. Much better in the long run to play it safe and wait a little longer. You can apply any time right up until her current visa expires. I would get married, get through Christmas and apply in mid-January so you give yourself the time to cross the Ts and dot the Is

canglish

Sounds completely logical to me! Thank you for your patience and time mate, genuinely appreciated. Same to you SanDiegogirl!