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ILR for Tier 2 partner

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

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cuongle
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ILR for Tier 2 partner

Post by cuongle » Sat Oct 12, 2019 11:57 pm

Hi All

My wife and I are preparing to apply ILR for our case at beginning of next year. But we still have some confusion. Our information:

1. I am on Tier 2 General Visa, valid from 23/03/2015 to 01/04/2020, I am only working for one company.
2. My wife is on Tier 2 Partner (PBS dependant), valid from 23/03/2015 to 01/04/2020
3. We both entered UK together at 01/04/2015
4. My wife was out of UK from 31/01/2016 to 09/07/2016 (under 180 absence days), no other outside UK time.
5. We have shared bank account for nearly five years
6. My wife has Master degree from Scotland.
7. We have twins born in UK at 28/12/2016

We have some following questions:

1. Is this eligible for my wife to apply ILR together with me at the same time? Or I need to apply and get ILR first thru priority service, and then my wife can be able to apply once I got it.

2. As my wife was out of UK from 31/01/2016 to 09/07/2016 (under 180 absence days), she is still eligible to apply ILR?

3. Does she need to take English test again as she has Master degree from Scotland?

4. Which document we need to prove out the relationship? (there is no her name on any bill, only council tax for last year, but we have our twin certificates, shared bank account and marriage certificate from our country)

5. If my wife application fail? can we re- apply for her again or is there any possible backup route as her visa got expired at that time?

6. We don't need to apply ILR for our twins, right?

Thanks, your help is highly appreciated

Cuong

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CR001
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Re: ILR for Tier 2 partner

Post by CR001 » Sun Oct 13, 2019 12:08 am

1. Yes you can apply at the same time.

2. There is no absence limit for visas issued before 11th January 2018. Her absence is irrelevant.

3. No, degree is sufficient.

4. Two years evidence in joint names or individually addressed from 3 sources, spread evenly for every or 4 months.

5. Why would it be refused??

6. No you don't.
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CULLINAN
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Re: ILR for Tier 2 partner

Post by CULLINAN » Sun Oct 13, 2019 12:13 am

cuongle wrote:
Sat Oct 12, 2019 11:57 pm
Hi All

My wife and I are preparing to apply ILR for our case at beginning of next year. But we still have some confusion. Our information:

1. I am on Tier 2 General Visa, valid from 23/03/2015 to 01/04/2020, I am only working for one company.
2. My wife is on Tier 2 Partner (PBS dependant), valid from 23/03/2015 to 01/04/2020
3. We both entered UK together at 01/04/2015
4. My wife was out of UK from 31/01/2016 to 09/07/2016 (under 180 absence days), no other outside UK time.
5. We have shared bank account for nearly five years
6. My wife has Master degree from Scotland.
7. We have twins born in UK at 28/12/2016

We have some following questions:

1. Is this eligible for my wife to apply ILR together with me at the same time? Or I need to apply and get ILR first thru priority service, and then my wife can be able to apply once I got it.

2. As my wife was out of UK from 31/01/2016 to 09/07/2016 (under 180 absence days), she is still eligible to apply ILR?

3. Does she need to take English test again as she has Master degree from Scotland?

4. Which document we need to prove out the relationship? (there is no her name on any bill, only council tax for last year, but we have our twin certificates, shared bank account and marriage certificate from our country)

5. If my wife application fail? can we re- apply for her again or is there any possible backup route as her visa got expired at that time?

6. We don't need to apply ILR for our twins, right?

Thanks, your help is highly appreciated

Cuong
1) She can apply with you
2) There is no absence limit for PBS dependents if the last leave of leave was granted before 11th Jan 2018 i.e. the extension. Anyways, she qualifies.
3) Yes. UK Msc degree is accepted.
4) You need to prove you have a subsisting relationship with your wife. 2 kids is a proof in itself. But HO needs documents. 3/4 different sources spread evenly for the last 2 years i.e. every 3/4 months.
Ideally a couple docs in joint names. But if not, top it up with solo names but same address.
Tenancy agreement
Council Tax
Bills
NHS letters
etc
5) If you get ILR, she will get it too. Be positive.
6) No need to apply for UK born kids. Once you have ILR, you can register them as British Citizens.

Note: HO will most likely write to you why you did not apply for the kids. It is a standard procedure they follow. You just have to simply let them know that you will register them as BC after your ILR.

Note: Yourself and your wife also needs Life in UK plus English requirement.
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cuongle
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Re: ILR for Tier 2 partner

Post by cuongle » Sun Oct 13, 2019 9:28 pm

Thank your very much for both of you. It's a bit clear for me. One more question:

I can apply IRL within 28 days before 23/03/2020 (the day my visa issued) or before 01/04/2020 (the day I enter UK and the day my visa expired as well)?

Thanks

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Re: ILR for Tier 2 partner

Post by CULLINAN » Sun Oct 13, 2019 11:43 pm

cuongle wrote:
Sun Oct 13, 2019 9:28 pm
Thank your very much for both of you. It's a bit clear for me. One more question:

I can apply IRL within 28 days before 23/03/2020 (the day my visa issued) or before 01/04/2020 (the day I enter UK and the day my visa expired as well)?

Thanks
23/03/2020 minus 28 days.

Note: Date of application is the date you pay and submit your application. Biometrics date is irrelevant. So make sure you submit accordingly.
Love for All, Hatred for None.

cuongle
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Re: ILR for Tier 2 partner

Post by cuongle » Thu Nov 07, 2019 12:19 am

Unfortunately, I have checked cohabitation documents and it seems we don't have enough for last two years. We didnot keep any posted letters (Council Tax, Bill, NHS..) for our case as we did not know we really need them for now, I am worried a little bit.

From what we have:

1. My wife has some posted NHS letters from 2017 (I don't have any document with my name for 2017)
2. We have red books and birth certificates for our twins in 2017.
3. All bills (GAS and Electric and Council) in 2017, 2018 was in my name only but I don't keep any original documents (letter by post)
4. My wife has one NHS letter on December 2018.
5. We have joined account for 5 years but we did not update my wife's address for bank account when we moved. Until Jan 2019 we are able to have the same address.
6. We have tenancy agreement and council tax for both names from 2019, hopefully I can get the council tax bill at the end of 2019.
7. We don't have any bill so far in 2019 due to some incidents.
8. Luckily we have some posted bank statements for 2019.

So to sum up:

We don't have any original bills at the moment (only electric BT bill). We only have birth certificates, red books, one NHS letter for my wife in December 2018, some bank statement (both name) on 2019, tenancy agreement 2019 (both name). tenancy agreement 2017-2018 (my name).

I am not sure how to deal with our situation:

1. Should we request a letter (or history) from GP to prove out address and live together?
2. Should we request council to send the council tax bill in 2018 and 2019 again by post?
3. Should we request gas and electric provider to provide the bill 2018 again by post?
4. Should we request letter from bank to prove our we have joined account in 5 years?
5. Does electric bill is acceptable like BT bill?

Any suggestion?

Thanks in advanced.

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Re: ILR for Tier 2 partner

Post by aby00156 » Thu Nov 14, 2019 2:34 pm

I got my wife's ILR recently. And the documents that I submitted for cohabitation are :

[*] Marriage Certificate
[*] My driving license
[*] My wife's driving license
[*] My wife's bank annual charges summary for 2017 2018 and 2019 ( 3 letters)
[*] My bank annual charges summar for 2017 2018 and 2019

That's all I submitted. So don't panic and submit just what you have.
So verily, with every difficulty, there is relief.

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Re: ILR for Tier 2 partner

Post by aby00156 » Thu Nov 14, 2019 2:41 pm

aby00156 wrote:
Thu Nov 14, 2019 2:34 pm
I got my wife's ILR recently. And the documents that I submitted for cohabitation are :

[*] Marriage Certificate
[*] My driving license
[*] My wife's driving license
[*] My wife's bank annual charges summary for 2017 2018 and 2019 ( 3 letters)
[*] My bank annual charges summar for 2017 2018 and 2019

That's all I submitted. So don't panic and submit just what you have.
And just to add that the bank charges summary for myself and my wife were online documents.
So verily, with every difficulty, there is relief.

cuongle
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ILR Tier 2 PBS Dependant: cohabitation document

Post by cuongle » Thu Nov 14, 2019 10:18 pm

Thank you very much, you make me less worry as I see in forum, all advice are mentioning 6 posted letter covering in 2 years which we definitely does not have.

And in SET(O) application mentions as well:

If you have added a spouse or civil partner to this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse.


I cannot find any cases in here which are mentioned how deal with lacking of cohabitation document.

gatha_vdm
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Re: ILR for Tier 2 partner

Post by gatha_vdm » Fri Nov 15, 2019 11:25 am

Hi,

I guess below 5 documents you can easily get.
1. you can get GP letter by just going to their reception they charge a nominal fee and give you this,
2. Rental Agreement(ask your landlord),
3. Just take a provisional license for you and your wife.
4. you already have got Bank statement,
5. Have you registered to vote, do you have the letter confirming that? / you already have the council tax.

I guess you don't need postal letter for everything online statement should be fine, Take color print out if you want.

Cheers!
Gatha

cuongle
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Re: ILR for Tier 2 partner

Post by cuongle » Sat Nov 16, 2019 12:43 am

gatha_vdm wrote:
Fri Nov 15, 2019 11:25 am
Hi,

I guess below 5 documents you can easily get.
1. you can get GP letter by just going to their reception they charge a nominal fee and give you this,
2. Rental Agreement(ask your landlord),
3. Just take a provisional license for you and your wife.
4. you already have got Bank statement,
5. Have you registered to vote, do you have the letter confirming that? / you already have the council tax.

I guess you don't need postal letter for everything online statement should be fine, Take color print out if you want.

Cheers!
Gatha
Thanks for your response,

1. Yes, I am going to contact GP in order to get letter to prove out my wife and I live together for two years.

2. I got incident with rental agreement, as my current landlord (a company) are in debt or cannot pay mortgage in time. So, my flat is in receivership which is managed by another agent. Also, the address on my tenancy contract is invalid (17C, the valid address should be Flat 3, 17). Should I request the current agent to confirm the right address?

3. We don't use car as we live in London

4. We have joint bank account but we did not change my wife's address when we moved until March 2019. We only prove out that we live together from March 2019 from Bank Statement.

5. We are not eligible for voting, and we did not keep any council tax bill as well. I did request the council to resend the bill but the bill they sent is the current bill on this month, not the annual bill for last year. I am not sure is this possible to request council letter to prove out we live here from Jan 2019?

Many thanks

cuongle
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ILR Tier 2 General and Dependant Set(O)

Post by cuongle » Sat Nov 16, 2019 11:05 pm

Hi Experts

While filling the application form SET(O), I have some confusion at the below questions:

Have you previously been granted leave to remain under Tier 2 (General) as a doctor, dentist, nurse or midwife, and passed an English Language assessment accepted by the relevant regulated professional body as a requirement for registration?

I am not sure I understand as my current and first Tier 2 General is for software, so I guess I would say NO for this?

Have you previously lived in a country outside the UK including your country of birth?

Should I say YES and fill my country of birth? And then which reason I should put for my country of birth? And which date I should put on THE DAY YOU LIVE TO?

Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people?

I have joint bank account with my wife which is included as Dependant on ILR application? So I guess I say YES for this question?

I will provide a declaration signed by each of the other joint customers on an account with a bank or utility company

If I say YES on previous question, I need to provide the declaration signed both me and my wife, right? Where I can get the declaration?

Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support?

I guess I should say NO on this question?

Thanks very for your help

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