Unmarried Partner Visa - Non-Priority Timeline

I don't believe that time spent together in the US on ESTA or in the UK on a visitor visa can count towards cohabitation. In order to prove cohabitation, you both have to be legally living in the same country (on the correct visa) for the entire 24 months prior to submitting the application, and you must have bills, rental agreements, bank statements etc. in both names at the same address spread evenly over the entire 24 months (which you can't get if you are visiting the US or the UK).

Do you have any examples of this not working out? Our immigration lawyer referenced rulings regarding the "continuation of family life" through visits.

If he has a fixed annual salary, then if ANY of the 6 months of payslips are less than £1,550, you will not qualify for the visa.

For salaried employment, they take the lowest payslip and multiply by 12. If this amount is less than £18,600 (i.e. £1,550 x 12), then the visa will be refused.

For non-salaried employment (he is paid by the hour and not a fixed annual salary), they will add all the payslips together, divide by 6 and multiply by 12 to get the total annual salary... this must be at least £18,600 before tax.

Right, this is where we weren't 100% sure, so we provided other forms of income to show that we more than meet the financial requirement in other ways (savings, rental income).

Assuming the residency requirements are okay with UKVI....

What was his lowest payslip he received?

How much savings did you show proof of for the six months prior (lowest balance shown in the six months)?

I'm hoping you didn't have a crappy immigration solicitor....   

I think it may have been £1500.

We had over £40k in savings held since January 2017, so we were good there.

I also hope we didn't have a crappy immigration solicitor!

Okay, so if the lowest payslip was £1,500, UKVI will calculate that as £18,000 or £600 pounds short.

So you would need £16,000 + (2.5 * £600) = £17,500.

So you are okay on the income front.  Whew!

It's the living together and the working while traveling that could seem a bit off to the ECO.  Hopefully your lawyer has a proven track record with similar applications.  I wouldn't worry until you have something to worry about.  IF the application is refused, are you guys prepared to marry?

Okay, so if the lowest payslip was £1,500, UKVI will calculate that as £18,000 or £600 pounds short.

So you would need £16,000 + (2.5 * £600) = £17,500.

So you are okay on the income front.  Whew!

It's the living together and the working while traveling that could seem a bit off to the ECO.  Hopefully your lawyer has a proven track record with similar applications.  I wouldn't worry until you have something to worry about.  IF the application is refused, are you guys prepared to marry?

Yeah, I wasn't as worried about income - we have different sources that cover us, thankfully! That's why we included them.

And yes, I know, it's hard not to agonize over it! Marriage is on the horizon for sure, so that's no issue for us. I'm just stressed about going through this same timeline again if we get rejected now. I want to get back there to actually feel like I can start my life. I hate being here in limbo and not being able to plan anything or leave the country. Not to mention being without my favorite person for so long....

Big hugs!