Student to Spouse FLR Questions

Hi All,

My fiancée and I were due to get married in August but COVID scuppered our wedding plans but we hope to get married ASAP when things start to open up.  Hence, we’re preparing for my (soon-to-be) wife to switch from her current student visa (exp. Sept 2022) to the spouse visa.  However, this opens a whole can of worms document-wise!

Our situation: she came here on a student visa at the end of August and we moved in together on 30th September. Let’s assume we get married 1st April and we submit the application 1st May.

I’ve recently learnt that we need to submit documents covering our cohabitation (even for the initial spouse visa), which is annoying as I have been less than diligent in keeping letters!  We have:
Sept 2020 - water bill (in my name, with her as additional account holder) and tenancy agreement
Oct 2020 - NHS letter for her, nothing for me
Nov 2020 - water bill as above and DWP letter for her, nothing for me
Dec 2020 - TV licensing for me, nothing for her (she has a letter from Parcelforce although I’m not sure if that counts?)
Jan 2021 - water bill as above, bank statements for me, nothing for her
Feb 2021 - TV licensing for me, nothing for her (yet)
March onwards - we will be more put together and have requested paper bank statements etc for the foreseeable future.

Considering when we wish to apply, how might you advise splitting it up?  I can’t seem to find any official guidance on cohabitation documents...

Secondly, we share our two-bedroom flat with one other person. Does this complicate things in any way/do we need any documents from her? She dealt with the council tax so I presume we need to get a copy of that? Our rent distribution is also uneven so do we need a letter to that end for accommodation requirements?

Thirdly, does the applicant’s passport get sent off nowadays? If not, can they leave the country while an application is in progress? We’d ideally like to leave the country (when allowed) and would rather not have to wait around for visa stuff...

If there is such flexibility in travel, is it best to postpone a bit to ensure a more even distribution of correspondence?

(For reference, the latest we can apply is September as my PhD stipend runs until end of September 2022.)

Welcome .

I’ve recently learnt that we need to submit documents covering our cohabitation (even for the initial spouse visa), which is annoying as I have been less than diligent in keeping letters!  We have:
Sept 2020 - water bill (in my name, with her as additional account holder) and tenancy agreement
Oct 2020 - NHS letter for her, nothing for me
Nov 2020 - water bill as above and DWP letter for her, nothing for me
Dec 2020 - TV licensing for me, nothing for her (she has a letter from Parcelforce although I’m not sure if that counts?)
Jan 2021 - water bill as above, bank statements for me, nothing for her
Feb 2021 - TV licensing for me, nothing for her (yet)
March onwards - we will be more put together and have requested paper bank statements etc for the foreseeable future.

Considering when we wish to apply, how might you advise splitting it up?  I can’t seem to find any official guidance on cohabitation documents...

The guidance was laid out in full on the old paper version of the FLR(M) application form, but unfortunately now you can only see it when you complete the online application.

The requirements for the cohabitation documents are:
- 6 items of official mail in each name, either jointly or separately addressed
- spread evenly over the time you have lived together, up to a maximum of 2 years
- from at least 3 different sources

So, for example, if you end up applying for the visa in, say, May 2021, and you moved in together at the end of September 2020, you will need to cover about 7 months of cohabitation, so that's approximately 1 item of mail each from every month.

Alternatively, if you don't end up applying for the visa until September 2021, you would cover about 11 months of mail, so that would be 1 item every 1.5 to 2 months.

Secondly, we share our two-bedroom flat with one other person. Does this complicate things in any way/do we need any documents from her? She dealt with the council tax so I presume we need to get a copy of that? Our rent distribution is also uneven so do we need a letter to that end for accommodation requirements?

You will need:
- your tenancy agreement
- if your fiancee is not named on the tenancy, you also need a letter from the landlord giving her permission to live there too
- the latest council tax bill for the flat
Usually, if you live with someone else as well, you also need:
- a letter from your flatmate confirming that they are happy with your fiancee living there too
- a copy of your flatmate's passport photo page

Also, if your flatmate is namely on any bills/documents you are including (such as council tax, utility bills etc.), they will also need to sign Part 1 of the Consent to Checks form (which you also sign), which is part of the online application.

Thirdly, does the applicant’s passport get sent off nowadays? If not, can they leave the country while an application is in progress? We’d ideally like to leave the country (when allowed) and would rather not have to wait around for visa stuff...

No, nothing is sent anywhere now, it is all uploaded to the UKVCAS website before attending biometrics, so she can keep her passport and BRP. However, she should not attempt to travel while the visa is processing, as that may invalidate the application.

If there is such flexibility in travel, is it best to postpone a bit to ensure a more even distribution of correspondence?

The distribution of correspondence isn't an issue, especially as your fiancee is switching from a student visa, and there's no actual requirement to have lived together before applying for FLR(M).

If you aren't able to provide even spacing of the documents, or you don't have 6 each, or you don't have 3 or more sources, all you need to do is write an explanation for why not.

For reference, here is the cohabitation/correspondence guidance from the old paper application form:

If your application is as the partner of a settled person or person who is in the UK with refugee leave or humanitarian protection

Six items of correspondence addressed to you and your partner at the same address as evidence that you have been living together since your last grant of leave in this category, or from the date you first started living together up to a maximum of two years. See Note 11.

Note 11
The items of correspondence should be addressed to you jointly or in both your names.

Examples of acceptable items are listed below. The documents provided must be originals.

Photocopies are not acceptable.

The dates of the items of correspondence should be spread evenly over the whole period you are relying on. They should be from at least 3 different sources. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you.

For example - Four items of correspondence in joint names to the same address and two items addressed to each partner at the address. In total eight items would need to be submitted. If you and your partner have no bills or correspondence in joint names, you will need to submit twelve items (six each) of correspondence, evidencing that you reside together at the same address.

If you and your partner lived with relatives or friends for some or all of the period you are relying on, please provide a letter from the relative(s) and/or friend(s) confirming this.

If you did not live together for any part of the period you are relying on, tell us the reasons for this and whether you stayed in contact with each other during this time, and provide any relevant supporting evidence.

Please give an explanation on a separate sheet if you cannot provide six items; if the items are not addressed to both of you; or if they do not cover the period you are relying on.

Examples of acceptable items of correspondence
• Letters or other documents from government departments or agencies, for example HM Revenue and Customs, Department for Work and Pensions, DVLA, TV Licensing.
• Letters or other documents from your GP, a hospital or other local health service about medical treatments, appointments, home visits or other medical matters
• Bank statements/letters
• Building society savings books/letters
• Council tax bills or statements
• Electricity and/or gas bills or statements
• Water rates bills or statements
• Mortgage statements/agreement
• Tenancy agreement(s)
• Telephone bills or statements