Thank you so much!!!!! Re finances, I am under category A and regarding the visit visa thing - is it against the rules that he was visiting for 6 months and staying with me?? (he left for 4 days in between but it was essentially 6 months). Is it all about the wording or was this against the rules to do? Not sure what we would say if they probed this point :s I assume also that i should take out the section of Appendix 2 where I said we’d lived together for 6 months...?!
It's about the wording. It's fine for him to visit for up to 6 months, but if he is in the UK on a visitor visa, he is VISITING the UK, he is not LIVING in the UK.
One of the things they have to check when you enter as a visitor is that you are not trying to use the visitor visa to LIVE with your partner in the UK. So while to you, that's what it felt like, for the purposes of UK immigration and visas, he is not LIVING with you, because that would be in breach of the visitor visa rules. As we say here on the forum, there's no 'Let's Shack Up' visa... there's no visa that allows you to try out living together for a few months to see if it works before you decide to get married/apply for a fiance/spousal visa.
So, on the application, where it asks if you have lived together in a relationship akin to marriage, the answer is No, because in order to do that, you both need to be legally living in the same country (i.e. one of you has a visa that allows you to live in that country), and you must be able to prove you lived together by way of tenancy agreements, bank accounts, bills, rent etc. in both names... none of which you can legally do as a visitor.
That question is mainly aimed at Unmarried Partner visa applications where they are not planning to marry, so instead they have to prove they have lived together for 24 consecutive months before applying.
From the visitor visa rules:
Frequent or successive visits: how to assess if an applicant is making the UK their main home or place of work
See: paragraph V 4.2(b) of appendix V: visitor rules.
You should check the applicant’s travel history, including how long they are spending in the UK and how frequently they are returning. You must assess if they are, in effect, making the UK their main home.
You should look at:
• the purpose of the visit and intended length of stay stated
• the number of visits made over the past 12 months, including the length of stay on each occasion, the time elapsed since the last visit, and if this amounts to the individual spending more time in the UK than in their home country
• the purpose of return trips to the visitor’s home country and if this is used only to seek re-entry to the UK
• the links they have with their home country - consider especially any long term commitments and where the applicant is registered for tax purposes
• evidence the UK is their main place of residence, for example:
o if they have registered with a general practitioner (GP)
o if they send their children to UK schools
• the history of previous applications, for example if the visitor has previously been refused under the family rules and subsequently wants to enter as a visitor you must assess if they are using the visitor route to avoid the rules in place for family migrants joining British or settled persons in the UK
There is no specified maximum period which an individual can spend in the UK in any period such as ‘6 months in 12 months’. However, if it is clear from an individual’s travel history that they are making the UK their home you should refuse their application.