UK Spouse Visa cohabiting question

Old Jul 25th 2018, 12:01 pm
  #1  
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Unhappy UK Spouse Visa cohabiting question

Hi Everyone,

We have the majority of our documents in line but I've just had a comment from a facebook group that has made my stress go through the roof, so coming here for advice. Our background is that we are married (I am Canadian and my husband is British). I lived in London in 2015 on a YMS Visa and it was going to expire so had no choice but to go back to Canada, at the time Elliott and I knew we wanted to be together so he successfully got a 2 year IEC visa for Canada and we moved there in July 2016. Being in Canada was great but we knew the UK was where we wanted to settle, unfortunately we got tired of trying to land a job opportunity for my husband so that we could go Category A for the spouse visa. Instead of him coming back to London in April to find a flat, and a job on his own I came with him and was granted a 6 month visitor visa at the border with my return flight being August 19. We have our one year wedding anniversary party in London on August 4 with friends and family flying from Canada and the USA as this is almost like a belated wedding party because we held a small intimate ceremony in Canada last summer with immediate family. This is the main reason I have been here for 4 months on a tourist visa versus going back and doing the application as soon as my husband started working.

Here are my two questions:

1. Someone on the FB forum mentioned to me they were refused at first as they had also cohabited in both the USA and UK before deciding where they wanted to settle leaving immigration to believe they didn't believe they were going to make the UK their permanent home. Any advice on this? Obviously we will state in our cover letter why we are choosing the UK but we really had no other options as we weren't going to get married after 6 months or break up.

2. When we landed my husband and I had to find a flat to live in. As I was here for 4 months the landlords put both of our names on the lease as it is for one year. They knew I would be going back to Canada in August and applying for my visa as we wanted to be honest with them from the beginning. Now someone has told me this goes against my visitor visa rules and could be used against us as it technically shows I wasn't just "visiting". The immigration officer at the border who gave me my 6 month stamp knew we would be living together as we provided proof of funds to show I wouldn't be working and that my husband would be helping to support from his income. Any advice on this topic?

We were just getting to the final stages of collecting all our documents and starting to feel a bit more hopeful for me leaving in a few weeks and starting the application process BUT now this has thrown me into a serious panic. Would love any advice you have.
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Old Jul 25th 2018, 3:11 pm
  #2  
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Default Re: UK Spouse Visa cohabiting question

Number 1 makes no sense, I've never heard of anyone being refused for that reason for a spouse visa. I suspect that person on FB either didn't understand their refusal or were refused for a different reason but read too deeply/emotionally into it.
(Don't want to sound mean but it really frustrates me when people who've been refused visas take it really personally & spin these horror stories & stress other people out for no reason.)
Many people cohabit in countries other than the UK & then choose to make the UK their home.

Number 2 - You shouldn't be using visit visas to reside in the UK, but this is usually more an issue when people are entering the UK for 6 months on the visa free scheme, then coming back & doing the same thing again, for a long time.
Lots of people visit the UK whilst their partner works towards the 6 months financial requirement & then head back to their own country to apply for the visa. As long as you are abiding by the visa conditions & go home to submit the visa, I can't see it being an issue.
I have heard that landlords aren't supposed to put people without residence visas on tenancy agreements. I think it's part of right to rent checks. I don't think it would be a reason for refusal, but if it is, I'm sure one of the more experienced members will advise you.
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Old Jul 25th 2018, 3:11 pm
  #3  
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Default Re: UK Spouse Visa cohabiting question

Number 1 makes no sense, I've never heard of anyone being refused for that reason for a spouse visa. I suspect that person on FB either didn't understand their refusal or were refused for a different reason but read too deeply/emotionally into it.
(Don't want to sound mean but it really frustrates me when people who've been refused visas take it really personally & spin these horror stories & stress other people out for no reason.)
Many people cohabit in countries other than the UK & then choose to make the UK their home.

Number 2 - You shouldn't be using visit visas to reside in the UK, but this is usually more an issue when people are entering the UK for 6 months on the visa free scheme, then coming back & doing the same thing again, for a long time.
Lots of people visit the UK whilst their partner works towards the 6 months financial requirement & then head back to their own country to apply for the visa. As long as you are abiding by the visa conditions & go home to submit the visa, I can't see it being an issue.
I have heard that landlords aren't supposed to put people without residence visas on tenancy agreements. I think it's part of right to rent checks. I don't think it would be a reason for refusal, but if it is, I'm sure one of the more experienced members will advise you.
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Old Jul 25th 2018, 3:18 pm
  #4  
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Default Re: UK Spouse Visa cohabiting question

Thanks for your response - it really stressed me out as these things hadn't even come across my mind!! I am going back after the 4 month mark and will have proof of two trips and a large family party in that timeframe so we should be fine! We are going to see if our landlord will provide a new contract with just my husbands name to be safe. Fingers crossed because with only a few weeks away I was finally thinking we were doing okay until this happened!
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