Evidence of a genuine relationship

[seek]

My partner and I have been discussing whether or not we'll need to show evidence proving our relationship is genuine. I'm assuming if so it'll be before the wedding? Or will this be done when I'm applying for a spouse visa? I'm hoping someone could offer advice here so that we can be as prepared as possible. We've received the Certificate of Approval and will be giving our notice of intention to marry in the next few weeks (wedding is mid-September). Will they ask to see proof at the Registrars office?

Sorry if this is a lengthy summary but I wanted to provide a little background if needed:

Here's the quick low-down on my situation.

I've come to the UK from Canada on a Working Holidaymaker Visa to be with my boyfriend who is a UK citizen. My previous plan was that once my 2 years were up, to return home to apply for a settlement visa (ILR), eventually returning (I've heard it can be quite the waiting game to process applications) and even further down the road applying for naturalisation. My partner has recently proposed to me (delightfully unexpected) which has created a new string of unanswered immigration questions.

We're planning on tying the knot shortly after the halfway point on my WHM visa. Will this at all affect the terms of my current Visa? More specifically, will I be able to continue working legally for the remainder of my stay until I have to return to Canada to apply for ILR? I am currently only allowed 365 days of work.

I figure this one is also a long shot, but in hopes of speeding up the process, can I apply for a settlement visa before this current visa is up? I'm trying desperately to find a way to keep the time we're apart to a minimum.

Any help will be greatly appreciated - thank you.

Seek, I add my congratulations to those already given by Paul.

I think from what you post that you intend to get married in the UK. Right? You talk about going back to Canada to apply for a visa there, so I think you mean the marriage to happen in the UK. If that is correct then that is entirely possible but as a non-EEA citizen you will first need to apply for, and get, a Certificate of Approval to Marry ("CoA"). Click here to download the application form. Get that completed and submitted as soon as possible. It will take about two months to get your CoA, and after that the two of you need to go along to a designated Register Office and give the needed Notice of Intention to Marry. Only 15 days after that will they issue the needed permission to marry, such permission being valid for 12 months. In other words given that it is valid for so long, get the CoA application and Notice of Intention to Marry out of the way as soon as you can.

Following the marriage in the UK you can then apply for a 2-year spouse visa in the UK. There is no need to wait until near the end of the current visa. You can apply as soon as the marriage has happened. You will use form FLR(M) to get that visa. Then near the end of the resulting 2-year spouse visa, you will apply in the UK for ILR.

Applying for Naturalisation as British? Assuming you have ILR by then, you can apply for Naturalisation any time after three years in the UK ... counting from when you arrived in the UK on the WHM visa! Oh, but you will need to pass the Citizenship Test before making that application!

Seek, if I was wrong in the assumption about the marriage in the UK, and instead you plan to get married elsewhere, for example in Canada, then let me know and I shall post the differences that will make.

Oh, and if you intend to get married in the UK, but in a Church of England Church, when let me know that, because that will also change the procedure a bit.

I'm trying desperately to find a way to keep the time we're apart to a minimum.

There need not be any time apart!

(PS - We live and will be married in Scotland if that makes any difference. Thanks for any advice!)

Seek

[John]

We've received the Certificate of Approval and will be giving our notice of intention to marry in the next few weeks

No! Don't delay going to the Register Office and giving the needed Notice of Intention to Marry. There is absolutely no logical reason to delay going to the Register Office to do that.

This is an necessary administrative procedure the two of you need to go through. After the notice has been posted on the board for 15 days the permission to marry will be issued and that permission to marry is valid for 12 months.

Or put it another way, going to the Register Office next week will certainly give you the needed permission to marry in September.

Documents required at the Register Office when giving the Notice of Intention to Marry? Phone them and check that. Basically they will need proof of ID and also proof of address, and of course the CoA. You do not need to prove the relationship is real. All Register Offices in Scotland have been designated.

After the marriage has happened use form FLR(M) to apply to convert the current WHV into a 2-year spouse visa. Apply for that spouse visa soon after the marriage .... there is no need to wait until near the end of the current WHV. If you download that form FLR(M) now you will have a better idea of the information to be supplied in support of that application.