Cohabitation Evidence check

Dear Immigration gurus,

I'm a Tier 2 General visa holder who has been living in UK for almost 5 years and we (me and my family) will apply for our ILR next month.

I have filled the online Set (O) form and I have some questions regarding the correct way to complete the application and required documents.

1. My first entry clearance visa started from 28 Aug 2015, and my date of entry to UK was on 9 Oct 2015. So there are 42 days difference after the visa is released to my entry date. I read that this delayed entry is an allowable abscences and I don't have to provide any evidence for it although it is still be counted towards my 180 days allowance. I have no problem to put this abscences on my list as I rarely left UK within this 5 years anyway. My question is, do I still have to declare this 42 days on my list of abscences in my ILR application? If yes, then under what category that I have to put it? Is it under "Other"?

2. Last year, me and my family went on vacation to Republic of Ireland for 7 days. We came in to Rep. of Ireland from Northern Ireland by car so we didn't apply for visit visas nor we have any Ireland stamp on our passport for this visit as there's no border control between these two countries. My question is, will it be a problem for us if we declare this 7 days visit in our ILR application, considering we don't have any kind of stamp/papers on our passport as a proof. Will it be considered as an illegal visit which will hinder our ILR application? Will it be better if we omit this visit in our abscences?

3. Regarding the documentary evidence of cohabitation, it is written in the list of requred documents that " 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." My question is, what does it mean by "should cover the whole period". Do I have to provide one document for each year from 2018 to 2020? I mean, one document for 2018, one for 2019 and one for 2020 each for me and my wife?

Any help is much appreciated.

1. No need
2. Common travel area ONLY allows free movement of British and Irish (as well as EEA) citizens across the border. Therefore entring the republic of Ireland via the UK for other visa nationals without a valid visa is effectively illegal entry. You really have to omit this
3. It means you should provide documents covering the whole two years (NOT one evidence per year)

Dear Zimba

Thank you very much for your reply.
Much appreciated

3) As Zimba said, explaining further, you need 3/4 different source evenly spread through the last 2 years i.e. every 3/4 months.
Council Tax
Joint Account bank statements
Water/Gas/Elec bills
Virgin Media/Sky contract
etc

Joint names best, otherwise top it up with more documents in solo names but same address.

Dear Cullinan,

Thank you for your clarification. All is clear now.
Much appreciated.

Dear all immigrations experts,

Me and my family have been living in UK for almost 5 years now. I have a Tier 2 General visa and family/dependant visa for my wife and 2 kids (an 18 years old girl and 9 years old boy). We are applying for our ILR next month and I have some questions regarding the application for my daughter which is 18 years old.

1. I read that since my daughter is 18 years old, it means that I can't include her in my application and she should fill her form separately. But when I asked this to a friend who is a lawyer here in UK, he said that I can still include her in my application, since she is my family. Now I'm confused by which one is right?

2. I actually have filled her online application separately (but haven't submitted it yet) and have the list of documents that she needs to provide. From this list, I don't see any way for her application to be connected to mine. Is there a way of telling the Immigration officers that she is my dependant child, have been and will continue living with me in the future, and her application is tied to mine and we are applying for ILR at the same time?

3. At the question of "Explain briefly why you are applying for indefinite leave to remain in the UK, and the category of your last grant of leave. You will also need to provide documents in support of your case." I put the answer that "I'm a dependant child over 18 years old applying for ILR at the same time with my family. My dad has a Tier 2 General visa and I previously have been granted PBS Dependant Leave to Remain as his dependant/family before I turned 18 years old. Now my family is applying for ILR and I want to stay with them."

Is this answer acceptable or is there any better answer for her situation? And what kind of documents should she provide to support this answer?

4. At the question of "Do you have any other reasons for wanting to stay in the UK?" She gives an answer of "Other than the main reason which is to stay with my family who is applying for their ILR at the same time, I want to continue my education. I recently have passed my A Levels and I have been offered a place in UAL Central Saint Martins foundation course and would like to continue studying there in the future until I get my Bachelor degree and maybe to higher degree later on." Is this answer good to show her other cause of wanting to stay in UK? What acceptable documents should I provide for this answer? Would an email from the University offering her a place suffice (the University logo is visible on the email)? Should I provide her A-Levels grade as well?

5. In her Declaration of Consent. I assume that she needs to sign on the part 1 (applicant), leave the part 2 empy (name and address of joint owner), and me as her father need to sign on the part 3 (Financial support/sponsor). Is this correct?

6. Are there any other tips for her application to be approved, as I'm feeling nervous because she can't apply under my application.

Your help is very much appreciated.

See also Family members (dependants) and Eligibility for children.

It seems that over 18 year old child may apply online but not included in your application.

Children’s ILR are subject to 319J. She must provide the extra documents as required by over 16 year olds under 319H-SD and KoLL.

vinny wrote: ↑

Sun Aug 23, 2020 2:42 pm

See also Family members (dependants) and Eligibility for children.

It seems that over 18 year old child may apply online but not included in your application.

Thank you for your reply. Yes that link is one that what makes me think that she needs to apply separately and not under my application. So my lawyer friend's suggestion is not entirely correct then?
Thank you for clarifying. Much appreciated

Yoshwar wrote: ↑

Sun Aug 23, 2020 2:52 pm

I am assuming you are the main account holder. Once you create an account on UKVI and fill out the details for the main applicant, the system gives an option to add Partner, Child below 18, Child 18+ in the same account. Yes she needs to apply on her own (as in fill her own form) but can be added in the same account if the drop down menu gives an option for Child 18+. Can you check that?

And if not, she has to fill in her own form. Once you start the form it asks you about the category. She has to choose Tier 2 dep and then the system will ask about the main applicant’s details and link her form.

And if not, she has to fill in her own form. Once you start the form it asks you about the category. She has to choose Tier 2 dep and then the system will ask about the main applicant’s details and link her form.

CULLINAN wrote: ↑

Sun Aug 23, 2020 2:58 pm

Yoshwar wrote: ↑

Sun Aug 23, 2020 2:52 pm

I am assuming you are the main account holder. Once you create an account on UKVI and fill out the details for the main applicant, the system gives an option to add Partner, Child below 18, Child 18+ in the same account. Yes she needs to apply on her own (as in fill her own form) but can be added in the same account if the drop down menu gives an option for Child 18+. Can you check that?

And if not, she has to fill in her own form. Once you start the form it asks you about the category. She has to choose Tier 2 dep and then the system will ask about the main applicant’s details and link her form.

Thank you for your reply,

Yes I am the main application holder. I can actually add her to my application as the option is just "Child dependant" and there's no "Child below 18 or 18+" options. I have tried adding her to my application til the her part is completed and there is no warning whatsoever about her exceeding the age limit as a child dependant under my application.

But I'm worried that this is not the correct way and will jeopardize our application, as the previous link and some other sources that I read suggest that she needs to apply on her own and not under my application.

As for the category when she applied on her separate application, I read on the other thread here in immigrationboards that for her situation she should pick "Other" as her category and explain that "She is a PBS dependant child over 18 applying ILR at the same time as parents", and not choosing "Tier 2 General"?

If the drop down menu does not clearly give an option for Child 18+, dont add her in the same account.

She should create her own account on UKVI and apply through that. She is applying ILR on the basis of Tier 2 dep. As far as my understanding, she must choose the category as Tier 2 dependent and then the form obviously will ask about the main Tier 2 applicant’s details.

Also add a cover letter to explain it further if need be.

Thank you again Cullinan for your prompt reply.
I think I will call Home Office to make sure as I want this to go as smoothly as possible.
You input is much appreciated

You will only waste your time contacting HO as usually the operators know nothing about this.

See the attached. There is a Tier 2 dep category to choose in her case and then it gives an option to choose for Child 18+ and then main Tier 2 applicants details.
Good luck.

Ah I missed this Tier 2 dependant" option before when I filled her application.
Now it all make more sense as now I can tie her application to mine.

Thank you sooooo much Cullinan! You saved us!

Yoshwar wrote: ↑

Sun Aug 23, 2020 4:15 pm

Ah I missed this Tier 2 dependant" option before when I filled her application.
Now it all make more sense as now I can tie her application to mine.

Thank you sooooo much Cullinan! You saved us!

I hope you have read Vinny’s edited message again. Your child 18+ needs to pass LIUK & English Requirements. Hope you are aware of that. Also some extra documents as stated below.

vinny wrote: ↑

Sun Aug 23, 2020 2:42 pm

See also Family members (dependants) and Eligibility for children.

It seems that over 18 year old child may apply online but not included in your application.

Children’s ILR are subject to 319J. She must provide the extra documents as required by over 16 year olds under 319H-SD and KoLL.

Hi yes, sorry I tried to reply earlier but the site seemed to think that I was trying to post spam so it blocked my reply.

Yes I have checked that my children are all eligible based on the link provided by Vinny above. All the extra documents are ready and she has passed both the language test and the Life in UK test as well so we're safe in that part.

Now I have corrected her application to Tier 2 Dependant category and get a new list of required documents. My only question now is about the declaration of consent. On her list of documents there's this:
"Declaration signed by Mr..... (It's written in my name, not her name) to confirm consent for the Home Office to request verification checks"

I believe this means that I have to sign the Part 1 of the consent letter instead of her, even though on that Part 1 is written "From the applicant"?

And also there's this question which I'm not sure what to put as the answer.
"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?"
Should I put Yes as the answer and sign my name on the part 3 of the consent letter as well (part about person who provides financial support)?

Another thing is, it asked for my VAF number to be put on her application. The only VAF number that I can find is the one on my first entry celarance/visa which had expired and been replaced by the new Tier 2 Gen visa extension/Further Leave To Remain. The thing is, I can't find any mention of a new VAF on my new visa/BRP. Is there a new VAF related to my new visa or I have to use the one on my old/expired entry clearance?

The consent form has 3 parts.

Applicant signs Part 1. Your Child 18+ will sign it in this case.

Part 2 is to be signed if she is dependent on any bank statements/information in joint names.

Part 3 is to be signed by a third party if sponsors her that is you.

She signs Part 1
You sign Part 3

If you are in doubt, you sign part 2 also. No harm in that. Better to sign than not sign.

Provide your current BRP number. That should be enough.

PS

A consent form is to be filled by all applicants. For her application sign as stated above.

For your own case, you sign part 1 as you are the applicant in that case.

In your child 18+ your declaration is part 2 or part 3.

And also there's this question which I'm not sure what to put as the answer.
"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?"
Should I put Yes as the answer and sign my name on the part 3 of the consent letter as well (part about person who provides financial support)?

Correct answer yes and sign part 3.

Thank you so much Cullinan.
Your help is very much appreciated.

Dear Immigrationboards gurus.

Me and my family are applying for our ILR soon. We have prepared the following documents for my cohabitation evidence. Unfortunately I lost some of my 2019 bank statements, mainly the one covering Apr to Sept 2019 (I received them every 6 months) so these are all that I can provide.
Do you think these will be enough for our ILR application?

Documents showing both our names:
1. Tenancy Agreement 2017-2018 (released on Oct 2017)
2. Tenancy Agreement 2018-2019 (released on Oct 2018)
3. Tenancy Agreement 2019-2020 (released on Oct 2019)
4. Council Tax Bill 2019-2020 (released on 15 Nov 2019)
5. Council Tax Bill 2020-2021 (released on 11 Mar 2020)
6. Utility Bill Nov 2019

Documents showing my name only:
1. Council Tax Bill 2017-2018 (released on Mar 2017)
2. Council Tax Bill 2018-2019 (released on Mar 2018
3. Utility Bill Aug 2018-Nov 2018 (released on Nov 2018)
4. Bank Statement Jun 2018 - Nov 2018
5. Bank Statement Nov 2018 - Apr 2019
6. Bank Statement Sep 2019 - Nov 2019
7. Bank Statement Nov 2019 - Feb 2020
8. Bank Statement Feb 2020 - May 2020
9. Bank Statement May 2020 - Aug 2020

Documents showing my wife's name only:
1. All of her monthly bank statements coveering from Jul 2018 to Aug 2020 (25 monthly statements in total)

Your advice is much appreciated.