[Theia_Artemis]

Hello,

I was wondering if I could have some advice on whether I have correctly interpreted the visa requirements for the Family of a Settled person Visa, through the Unmarried partner route.

My boyfriend will be the applicant, and I the sponsor.

I am 20 and my boyfriend 23. He is from New Zealand and I was born in Britain but moved to NZ very young and lived there until I was 18.

I have checked and I am sure we meet the requirements but I have come across the forum and want to double check our eligibiltiy.

My boyfriend and I meet in 2010 and began dating in 2014, back when I was 17. After 1 year we moved over to Britain in May 2015 where we have lived for 2 years. I am currently in the UK and my boyfriend has flown back to NZ last week as his 2 year YMS visa has expired.

My questions are:

DO we meet the living together requirement as we lived together from 14 May 2015 to 14 May 2017. This is exact as this was the period for his YMS visa. We did not live together prior to this as I was under 18 and lived with my parents.

As I am a British national I meet the requirement to be a sponsor, does my age have any effect on this?

Financial requirement: I earn a Salary of £16452.00, although with overtime my p60 shows I earned £18420.00 last year.

I have £10,000 in cash savings. this has accumulated in my account over the last 2 years so there are no direct source of funds. Do I need to provide more than 6 months bank statements or will they be happy to accept I have had roughly £10000 in my bank account for over 6 months and then dont need source of funds.

My bank statements are online statements that have been printed. I have taken these to a branch and they have stamped the first page of the statement with the official 'I certifiy that this is a true document' stamp, because I have so many pages for the statements, each additional page is stamped with a bank stamp and dated. Will this be sufficient? My employer has given me a signed HR letter to confirm my contract type and my salary. I also have an eP60.

I have copied my passport and birth certificate. These have been certified by a barrister of the New Zealand High court when she was here in the UK visiting. Will this be acceptable?

My parents are the landlord of the flat we live in. DO i need a separate letter from them stating that my boyfriend can live there (to meet his accommodation requirement) and that he lived here between certain dates ( to help with co-habitation requirement) ? Or can this all be on one letter.

I'm not positive we have enough documents to prove cohabition akin to marriage. In joint names I have:

Utility bill for internet (online copy only)
Council Tax bill for 2017, 2016 and 2015
Bank statements for current account with 1 bank
Bank statements for savings account with different bank

In my partners name we have:
Letters from HMRC showing name and address
Letter from NHS confirming CHI number and address
A p45 for the job he just left when he needed to leave

In my name we have:
A utility bill for Gas and electric
Home insurance for 2 different companies over 3 years
Car insurance documents
Driving License showing address
Bank Account in single name with 3rd bank.

I have Amazon receipts for things being posted to our address over 2 years. I dont have cards and letters from family as i didnt think I would need them.

To show relationship like marriage, I have very few photos as we just dont take them, I have probably only 7 that show the two of us together. I can provide the travel page in my passport that has been stamped for our trip overseas when we went to a non eu country so my passport actually got stamped (his has been stamped all over europe but mine is pretty empty)

I have call logs from the date he left uk (14 May 17) up to visa application date. I have travel itineraries showing we are staying together in the same room and sat next to each other on some flights (ryanair makes you pay extra to sit together so... )

Do we think I have enough? Is there anything I am missing?

I am particularly concerned about the financial requirement.

DO we need the printed VAF4A form as well as the online one?

Many many thanks

 

[Theia_Artemis]

Unmarried partner visa help

Hello,

Does anyone know how to word a sponsorship letter for the unmarried partner visa? I am trying to write mine as I am the sponsor for my boyfriend and I am struggling.

Many Thanks

 

[nyclon]

Unfortunately, it looks like you don't meet there financial requirement.

If you are relying on £18,420 in income you would need £16,450 in savings to make up the shortfall.

 

[Theia_Artemis]

Unfortunately, it looks like you don't meet there financial requirement.

If you are relying on £18,420 in income you would need £16,450 in savings to make up the shortfall.

Hi there's,

Thanks for the quick reply,

A quick count of all of the money I currently have in various banks gets me to £16900 in cash savings, this could be slightly more once I sit down and count it all up.

Can I then combine a P60 showing £18400 for the last year, and bank statements from 3 banks, one with £12000, one with £1900, and one with £3000 to meet the requirement? I was trying to keep the paperwork to a minimum.

It seems strange that if I made an extra 300 a year I would meet the requirement with no problems, but then I need over £16000 to hand to make up a £300 shortfall?

Thanks

 

[nyclon]

Have you read FM 1.7 to understand the options for meeting the financial requirement? You don't just add your P60 to your bank accounts.


https://www.gov.uk/government/uploa...708/Appendix_FM_1_7_Financial_Requirement.pdf

 

[Theia_Artemis]

I have read it and although it is confusing and full of bullet points I thought I understood it...

I have all of my payslips showing how we get to the final figure of £18400.

You'll forgive me I've been preparing this for 2 years and currently having abit of a meltdown as I really thought I met the requirement.

If possible, could you explain how we get to the figure of over £16000?

Thanks

 

[Crawford]

I have read it and although it is confusing and full of bullet points I thought I understood it...

I have all of my payslips showing how we get to the final figure of £18400.

You'll forgive me I've been preparing this for 2 years and currently having abit of a meltdown as I really thought I met the requirement.

If possible, could you explain how we get to the figure of over £16000?

Thanks

When one has to add savings to any shortfall in income the formula is:

"Shortfall" x 2.5 PLUS 16,000 GBP.

This is the formula the UK Government has come up with for meeting financial requirements.

If you read Appendix FM 1.7 as linked in Nyclon's posting you will see it detailed in there.

 

[Joppa]

Since a British couple normally loses income-dependent benefits at an income of over £16,000, you need to have £16,000 plus 2.5 times the shortfall.

 

[Theia_Artemis]

I am reading through the FM 1.7 document and getting more confused.

I earn a salaried wage of £16452, but adding non salaried work such as overtime and bi yearly bonus we get to a figure of £18420.

Reading the FM 1.7 document, I can't tell if I have to work out my shortfall based on £18420 or £16452.

If £16452, I need £16000 in savings, which I have, plus an additional £5370?

If it's £18420, then the shortfall is £450, so I need the £16450 in total?

Also, based on the document it's is unclear how much I am actually allowed to 'use' from the cash savings I have, based on what I have read, as my salary is so low, I don't meet the requirements and never will?

 

[nyclon]

What category or categories are you going to apply under? As I said, it's not just a matter of using your P60. Are you going to use Category A or B for your income?

 

[Crawford]

I am reading through the FM 1.7 document and getting more confused.

I earn a salaried wage of £16452, but adding non salaried work such as overtime and bi yearly bonus we get to a figure of £18420.

Reading the FM 1.7 document, I can't tell if I have to work out my shortfall based on £18420 or £16452.

If £16452, I need £16000 in savings, which I have, plus an additional £5370?

If it's £18420, then the shortfall is £450, so I need the £16450 in total?

Also, based on the document it's is unclear how much I am actually allowed to 'use' from the cash savings I have, based on what I have read, as my salary is so low, I don't meet the requirements and never will?

If you prove earnings of 16452 GBP then you need to have a minimum of 21,370 GBP of savings.

If you prove earnings of 18420 GBP then you need to have a minimum of 16,450 GBP of savings.

When applying you need to prove you earn whatever you state by showing overtime, bonus documentation and deposits into the bank.

 

[nyclon]

If you prove earnings of 16452 GBP then you need to have a minimum of 21,370 GBP of savings.

If you prove earnings of 18420 GBP then you need to have a minimum of 16,450 GBP of savings.

When applying you need to prove you earn whatever you state by showing overtime, bonus documentation and deposits into the bank.

But you need to figure out which category, A or B. Category A means you use your last 6 month's of pay slips. Category B means you use your last 12. Since your P60 covers April 2016-April 2017, that figure is not relevant.

 

[Theia_Artemis]

But you need to figure out which category, A or B. Category A means you use your last 6 month's of pay slips. Category B means you use your last 12. Since your P60 covers April 2016-April 2017, that figure is not relevant.

Okay, You have all been very helpful so thank you for this. I have spent all night reading the FM 1.7 documents.

Our new idea is to get £20,000 in savings, which I now have as a gift from my mum, and apply in 6 months.

I will be using the Category A so that I can use 6 months of payslips and bank statements so this shows my overtime and bonus pays. I will do as much overtime as humanly possible so the figure for a year should be £17,900 for my salary, probably more but I know I can confidently get to £17,900.00.

The real question now is will it count against us that we lived together for 2 years, and then we were apart for 7 months. We still met the 2 year living together requirement, so I would think that this should be fine, however, now I am not so sure.

Many thanks

 

[Theia_Artemis]

Okay, You have all been very helpful so thank you for this. I have spent all night reading the FM 1.7 documents.

Our new idea is to get £20,000 in savings, which I now have as a gift from my mum, and apply in 6 months.

I will be using the Category A so that I can use 6 months of payslips and bank statements so this shows my overtime and bonus pays. I will do as much overtime as humanly possible so the figure for a year should be £17,900 for my salary, probably more but I know I can confidently get to £17,900.00.

The real question now is will it count against us that we lived together for 2 years, and then we were apart for 7 months. We still met the 2 year living together requirement, so I would think that this should be fine, however, now I am not so sure.

Many thanks

Sorry to be a pain but could I have a response for whether or not we still qualify if we've lived together from May 2015 to 2017, thus meeting the 2 year requirement, but then not living together for 6 months? Does the 2 year living period expire after a certain time apart?

 

[Crawford]

I have always understood that, at the point of application, one needs to show two years continuous co-habitation as man and wife.

While you have lived together, albeit in an apartment owned by your parents, from May 2015 to 2017 your boyfriend has now returned to NZ and you are looking at 6 months apart.

Someone looking at your application may have doubts about whether your relationship is one akin to man and wife - with your boyfriend on his two year mobility visa and staying at parents accommodation it might be categorised as a two year stint in Europe.

Why did you not accompany him back to NZ?; why did you not marry so he could remain in the UK with you, did he not work so you could combine income to meet the financial requirements?

Personally, I think the time apart will weaken your application for unmarried partner.

 

[Theia_Artemis]

I have always understood that, at the point of application, one needs to show two years continuous co-habitation as man and wife.

While you have lived together, albeit in an apartment owned by your parents, from May 2015 to 2017 your boyfriend has now returned to NZ and you are looking at 6 months apart.

Someone looking at your application may have doubts about whether your relationship is one akin to man and wife - with your boyfriend on his two year mobility visa and staying at parents accommodation it might be categorised as a two year stint in Europe.

Why did you not accompany him back to NZ?; why did you not marry so he could remain in the UK with you, did he not work so you could combine income to meet the financial requirements?

Personally, I think the time apart will weaken your application for unmarried partner.

Hi there,

Thanks for your reply, I didn't go back to NZ with him as it is hugely expensive and I could not leave work.

We didn't get married due to our age as we felt no matter how you looked at it, it looked like a wedding purely to get a visa.

We got immigration advice from CAB who said he had to apply from New Zealand, we also needed to wait until the day his visa expired as this was the same day we reached 2 years is we could not apply earlier as we would have been shy of 2 years.

Is it likely that after explanation we have good enough case? It's not like we met on a holiday romance whilst he travelled Europe, we moved from NZ to here, I am still here and he is trying to come back so it shouldn't just look like he was only here for an OE

Thanks

 

[Theia_Artemis]

Actually, further to this, could he return as a visitor and live with me? That means he would be here and we would still be living together.

Can you apply for a settlement visa from the U.K. If you are on a visitor visa? If not, can you apply from a country other than your home country? E.g., my parents live in France, so could he go over to see them and apply for the visa from there?

Thanks

 

[Joppa]

Visiting isn't living, so it won't count.
You can't switch from visitor status to another visa within UK, save for exceptional circumstances, such as you need to return to Syria to apply. You need to live in a country for 6 months before you can apply for a UK visa there.

 

[Theia_Artemis]

Visiting isn't living, so it won't count.
You can't switch from visitor status to another visa within UK, save for exceptional circumstances, such as you need to return to Syria to apply. You need to live in a country for 6 months before you can apply for a UK visa there.

Thank you Joppa, very helpful once again.

As we have already met the 2 year requirement, we would not need his visit to count towards the 2 years, but if he was here for 6 months rather than in New Zealand, surely this shows that we are committed to the relationship? He could return to New Zealand to apply.

I would hate for us to meet all the other requirements only to fail because they don't belies our relationship to be genuine or because 6 months apart is considered too long.

Unless we were living outside the Uk, it's almost impossible for anyone to apply to remain in the Uk with family, you need to apply to go and join family. Because of this surely they can't say because we aren't living together at point of application means we don't meet the cohabitation requirement, if that were the case then no one would get any visas

 

[Joppa]

For an unmarried partnership, much higher threshold of evidence is required as you need to show your commitment is equivalent to marriage - a life-long exclusive union. I haven't read all the messages, but what is the reason for living apart now? It's very difficult to be approved for unmarried partner visa if you aren't currently cohabiting. They used to allow separation for visa reasons, but they have tightened the criteria. Marriage, or commitment to marriage through a fiancé visa, is a better option IMO.