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Hi,

My below query is regarding spouse's cohabitation - 2 years of documenary evidence.


Is the documentary evidence that we need to show for 2 year period for spouse's cohabitation is for an immediate period before the date of ILR application or any sun of months totalling to 2 years in a 5 year period at the time of ILR application?

I am a bit confused about the above requirement.

For my case:

Period 1:

I will be applying for ILR in August 2012 and my wife & son have joined me recently in September 2010. (so this cohabitation will be for: 22 months)

Period 2:
Before that they were with me from December 2008 - Februray 2010 (13 months) and went to India.

So, If I apply for ILR in August 2012, then I will not be able to produce any documentary proof for 24 months because, if the cohabitation proof that we have to show is for immediate 24 months before date of application, then I can only show for 22 months.

So in this circumstance, will my spouse and son will be denied ILR ?

What should I be doing or what other alternatives do I have?

Please advice.

Sai

indsaiuk wrote:Hi,

My below query is regarding spouse's cohabitation - 2 years of documenary evidence.


Is the documentary evidence that we need to show for 2 year period for spouse's cohabitation is for an immediate period before the date of ILR application or any sun of months totalling to 2 years in a 5 year period at the time of ILR application?

I am a bit confused about the above requirement.

For my case:

Period 1:

I will be applying for ILR in August 2012 and my wife & son have joined me recently in September 2010. (so this cohabitation will be for: 22 months)

Period 2:
Before that they were with me from December 2008 - Februray 2010 (13 months) and went to India.

So, If I apply for ILR in August 2012, then I will not be able to produce any documentary proof for 24 months because, if the cohabitation proof that we have to show is for immediate 24 months before date of application, then I can only show for 22 months.

So in this circumstance, will my spouse and son will be denied ILR ?

What should I be doing or what other alternatives do I have?

Please advice.

Sai

The cohabitation doc required is for the 2 years immediately before the ILR due date i.e. from year 3 to 5 of your stay. I think you should be fine with 22 months if you have enough evidence from the 1st month to the 22nd month.

An excerpt from SET(O) form for ILR:

"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."

I am particularly interested in this as I am in a similar situation. IMHO, the answer depends on the fact whether the second extention (FLR) was granted for two years or three years.

Second extension (FLR) granted for two years YES, the documentary proof should be provided for the two years immediate before ILR application is made.
Second extension (FLR) granted for three years NO, the documentary proof should be provided for any continuous duration of two years in three years period before ILR application is made.


I hope somebody will correct me on this if I am wrong.

Many thanks

mk357 can you please provide the reference the information you have provided. Thanks

Please see Ambassador's success story as pointed out by Vinny in this thread which further proves that the cohabitation proof is not even required for a continuous period.

This is getting confusing now

pied_piper wrote:mk357 can you please provide the reference the information you have provided. Thanks

Please see Ambassador's success story as pointed out by Vinny in this thread which further proves that the cohabitation proof is not even required for a continuous period.

This is getting confusing now

The cohabitation documents requirement is only mentioned in the SET(O) form Section 10 which you have quoted above. But if you go through some of the ILR threads on this forum, you would find that the CW are interested in the last 2 years cohabitation, may be because the last leave is usually granted for 2 years.

Note that 319E(d) does not specify the "last two years", but "at least two years". Nor is "continuous" a requirement.

Moreover,

319E wrote:(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.

seems to indicate that there may be periods apart in-between.

Thanks a lot for your replies guys.

@Vinny

with reference to the excerpt of SET(O) form


"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."

What is your interpretation of the sentence "Evidence provided should cover the whole period"

Does it encompass the fact that the name of the out out country spouse still keeps appearing on the tenancy agreement, bills etc even in her/his absence.

Thanks once again for your reply. Looks like I can go back home peacefully