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Work Pertmit Dependant Cohabitation Documents requirements

Posted: Thu Oct 18, 2012 9:37 am
by mcove
I am applying for ILR together with my wife in mid November based on 5 year continuous stay (old work permit). She has been in the country for one year. I realized we do not have any letters in both of our names except for Council Tax bills.
We do have a couple of Letters from the bank addressed to my wife's name, police registration certificates with the same address. I can get a letter from the landlord confirming we have been renting from him. But that is all I can think of.
Will it be enough to prove our cohabitation? Can someone answer how many cohab documents are required for WP dependants?
Thanks

Posted: Thu Oct 18, 2012 10:04 am
by wpilr_nov12
Per Set O Form, page 40, Secton 11A box 7 wrote:If you have a spouse or civil partner listed in section 2 of 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.
Per Immigration Rule 196D (as relevant to you) wrote: 196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 applies to you (but not paragraphs 135I-135K) are that the applicant:

(i) is married to (condition met) or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (your current WP visa) (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time (you as the primary applicant, and wife as dependent); or

(ii) applies if you already have ILR; and

(iii) meets the requirements of paragraph 194(ii) - (v) Relates to your spouse being granted dependent visa, by default all conditions met; and

(iv) relates to LIUK; and

(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity; and

(vi) Refers to convictions

(vii) Refers to 28 days overstay allowance
Putting the two together there is no explicit requirement for 2 year cohabitations, and no requirement to show 'jointly named' documents.

You may wish to carry a copy of these rules just in case.

Good luck.[/quote]

Posted: Thu Oct 18, 2012 10:20 am
by mcove
wpilr_nov12 wrote: Putting the two together there is no explicit requirement for 2 year cohabitations, and no requirement to show 'jointly named' documents.

You may wish to carry a copy of these rules just in case.

Good luck.
[/quote]

Thanks. I will follow your advise on getting a copy of the rules with me to the appointment.
However, why do most of the people on the forum who have had success with their applications brought a lot of cohabitatioin documents with them.

Posted: Thu Oct 18, 2012 10:47 am
by wpilr_nov12
mcove wrote:However, why do most of the people on the forum who have had success with their applications brought a lot of cohabitatioin documents with them.
Need and Possess are two different verbs. The rules say what is needed. People carry/bring what they possess. CW asks for what s/he wants to see.

Ideally what CW wants to see should be within rules.

Posted: Fri Oct 19, 2012 2:27 pm
by Heisgood
mcove wrote:
wpilr_nov12 wrote: Putting the two together there is no explicit requirement for 2 year cohabitations, and no requirement to show 'jointly named' documents.

You may wish to carry a copy of these rules just in case.

Good luck.
Thanks. I will follow your advise on getting a copy of the rules with me to the appointment.
However, why do most of the people on the forum who have had success with their applications brought a lot of cohabitatioin documents with them.[/quote]

I have been successful as a wp holder with ilr in october @ crydon peo and I can confirm that co-hab docs in both names is not listed as a requirement for wp holders, however believe it or not some case workers don't know this so I carried bank statements and council tax bill for peace of mind and to avoid delay. I recommend you have two envelopes one with all the KEY REQUIREMENTS and a backup envelope with other backup documents( ONLY PRODUCED IF ASKED FOR).In my case cohab docs was not asked for so it was never supplied. Please note this is my experience.

info

Posted: Fri Oct 19, 2012 3:00 pm
by brian78
the cohab does not need to have both your name as long as it has the same address as on the application.