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CR001 wrote: ↑

Sun Aug 04, 2019 10:06 am

You need to submit 2 years evidence of cohabitation. Any documents you submit in your spouse name or joint names, means you have to sign the 3 consent forms.

Dear CR001,

Could you please comment on this requirement? I am preparing my wife's application under apparently identical circumstances, and there is absolutely no mention of any evidence of cohabitation. Have the rules changed recently? Why do you say that this is needed?

To clarify, I was in the UK on a Tier 2 general visa and my wife was under Tier 2 Dependent. I just got my ILR after 5 years here. My wife just submitted her ILR application using a SET(O) form. Her documents checklist mentions only two consent forms for me to sign.

Thanks a lot in advance.

Please do not tag onto old topics that are almost a year old.

The immigration rules state and have always stated, that you need to prove you are still in a subsisting relationship.

For entry clearance visas, this is evidence of communication or photos etc.

For extensions and ilr, this is evidence of living together, or cohabitation, to prove a subsisting relationship, with documentary evidence in both your names received at the same address for the last 2 years.

If you choose not to submit this, due to the guidance and checklist not specifically stating (they are only guides and a checklist and not the rules), ho will ask for the evidence and this will cause a delay, as many members have experienced.

CR001 wrote: ↑

Wed Mar 04, 2020 5:20 pm

Please do not tag onto old topics that are almost a year old.

The immigration rules state and have always stated, that you need to prove you are still in a subsisting relationship.

Thanks a lot for your comments!

Could you please share a link to the rules? I tried my best but found no relevant document providing a comprehensive guidance on how to apply for an ILR. The only document I know, called "Indefinite leave to remain: calculating continuous period in UK", does not mention anything like this. How am I supposed to know that the evidence has to be provided if it is neither mentioned in the on-line application nor in the document checklist?

Immigration rule part 8, 319E states about subsisting relationship etc.

https://www.gov.uk/guidance/immigration ... ly-members

Thank you, very valuable!

However, my wife's dependent visa was obtained in 2015 and continued in 2017, i.e. after 9 July 2012 mentioned in Part 8, Item 319E(d). Should not this imply that they need evidence for 5 years instead of 2?

HO required the last two years max evidence, from at least 3 different sources in both names, spread evenly for every 3 or 4 months. So it's not mound of paperwork really.

Did you make this conclusion based on their practice observed? The rules clearly state 5 years, unless I misread them (and I did my absolute best).

On the contrary, 3 sources x 2 names x 6-8 items seems a lot to me. I doubt we could find so much evidence sent to my wife. Would the HO be lenient towards getting bills from the on-line sources, at least? Say, our joint council tax bills were always available in the e-version only. And the council can post only the current one.

On the point of scanning & uploading several documents relating to the same topic, - for example the jointly addressed correspondence (3 or 6 utility bills), - does one scan (or assemble) them all within one pdf, or do you scan/upload each utility bill as a separate pdf?

With passport pages I included all of those within one pdf, but am pondering the situation regarding groups of things like pay slips (qty 12), bank statements (12), corres/utility bills (6) etc. I am tending to the idea of scanning them as/into one pdf, rather than having 6 separate ones, but would welcome others views & experiences.

Dear All,

I've been working in the UK for 5+ years under a Tier 2 General visa, and successfully obtained my ILR in December 2019 after submitting a SET (O) application. My wife lives in the UK under Tier 2 Dependent visa. In February 2020 she filed a SET (O) application as a Tier 2 Dependent. She arrived to the country two months later than me, that is why she applied for her ILR separately.

Today my wife received the following weird email from the caseworker. Since the caseworker refers to paragraph 245HF (b) of the Immigration rules, it appears that they mistakenly consider her ILR application as Tier 2 General application instead of a Tier 2 Dependent one. We plan to respond briefly by pointing out on this potential mistake and asking to clarify further what else is required from her.

My questions are:

-Under which paragraph of the Immigration rules ILR applications of Tier 2 Dependents shall be considered?

-Would anyone kindly give any comments and/or suggestions regarding the situation and the email of the caseworker?

"I am the caseworker dealing with your application for indefinite leave to remain as a Tier 2 Dependant.

After reviewing our records, it is noted that your most recent entry clearance application (Tier 2 Partner) was issued in February 2017, preceding by this (Tier 2 Partner) entry clearance granted in March 2015.

Under paragraph 245HF (b) of the Immigration Rules:

The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant.

With this in mind, could you please provide your full immigration history so I am able to consider your case further."

Many thanks in advance!

UPDATE: I forgot to include the following important information.

My wife filed a SET (O) application as a Tier 2 Dependent on February 11, 2020 and submitted the biometrics on March 17, 2020. Her first Tier 2 Dependent visa was granted on March 17, 2015. Thus, she submitted earlier than 5 years minus 28 days (as her visa expired on February 12, 2020). However, the application guidelines state that the 5 years should be counted from the date the settlement application is decided if this is most beneficial for the application.

CR001 wrote: ↑

Wed Mar 04, 2020 6:43 pm

Dear CR001,

I have mistakenly posted this new question into the old thread and you have locked a separate new post that I created after realising the error. Would it be possible, instead, to unlock the new post and remove the last question from the current old topic? I did not manage to erase it from here when started the new post. Sorry for the troubles!

Dear All,

I've been working in the UK for 5+ years under a Tier 2 General visa, and successfully obtained my ILR in December 2019 after submitting a SET (O) application. My wife lives in the UK with me under Tier 2 Dependent visa. Her first Tier 2 Dependent visa was granted on March 17, 2015. She filed a separate Tier 2 Dependent SET (O) application on February 11, 2020 and submitted the biometrics on March 17, 2020. Thus, she submitted few days earlier than 5 years minus 28 days (as her visa expired on February 12, 2020). However, the application guidelines state that the 5 years should be counted from the date the settlement application is decided if this is most beneficial for the applicant.

Could anyone please comment if my logic was correct, i.e. that my wife's application is fully eligible for ILR?

I merged your earlier post above with your existing topic from before.

announcements/multiple-posts-will-be-lo ... t5722.html

CR001 wrote: ↑

Mon Apr 06, 2020 3:25 pm

I merged your earlier post above with your existing topic from before.
announcements/multiple-posts-will-be-lo ... t5722.html

Thank you. A response will be greatly appreciated as well!

Vladik wrote: ↑

Mon Apr 06, 2020 3:21 pm

Could anyone please comment if my logic was correct, i.e. that my wife's application is fully eligible for ILR?

Apparently, my logic was correct as today we received an approval letter stating that the application for ILR was approved.

Vladik wrote: ↑

Tue Apr 14, 2020 4:57 pm

Vladik wrote: ↑

Mon Apr 06, 2020 3:21 pm

Could anyone please comment if my logic was correct, i.e. that my wife's application is fully eligible for ILR?

Apparently, my logic was correct as today we received an approval letter stating that the application for ILR was approved.

This is common knowledge and repeated many times on the forum.

indefinite-leave-to-remain/set-lr-appli ... l#p1847742