Depandant visa

[vsmi]

Hi,
I came to UK on Tier 2 intra company trasnfer dependant visa on 5-Feb-2010. So we are now eligible to apply for ILR however I was told that I dont have enough evidence on my cohabitation document. So while my spouse is applyng for ILR, I was asked to go for an extension.

In this regard,

I would like to know which dependant visa would I get
&
Is there anyway that my previous stay (i.e. total 5 years) count on Tier 2 ICT dependant if I move to new dependant visa
&
How many more years I need to be on dependant visa if I need to apply for ILR in future

Regards,
S

[vinny]

Extensions would be granted subject to 319C, 319D. You may apply for ILR under 319E.

[vsmi]

Thanks Vinny.

Can you please make it clear in layman terms what does it mean by those codes?

All I want to know is, whether I would be given as ILR-dependant? If so, would my previous 5 years period counts to submit OR do I need to wait for another 5 years from 2015 again?

Or, would I be given as Tier 2 dependant?

Or is there a possibility of switching Tier 2 ICT dependant to Tier 2 general (please note that I intially entered UK on Tier 2 ICT dependant before 6 Apr 2010)

[vinny]

Please click on any given links for further information.

[vsmi]

Hi,

My spouse is on Tier 2 ICT long term and I am his dependant and we both have been living in UK for 5 years. We came to UK on 5-Feb-2010. We have been working for the same company for 5 years. So technically we should be eligible for ILR.

To apply for ILR, I need to submit cohabitation documents for last 2 years (2013 and 2014) and I was told that I am ok for 2014 as I had many documents but still need to submit multiple documents in 2013 as I have only one in 2013.

So few questions here:

Is it safe to take a bet to apply for ILR Home office explaining the situation along with my spouse even thoughI had only 1 document in 2013 but many in 2014?

Just in case if I dont go for ILR, what type of visa I need to apply?

Is it possible to extend my current visa (i.e. PBS Dependant leave to remain) although my spouse can apply for ILR OR will I need to apply for ILR dependency

Is there any condition that if I need to get my existing visa (i.e. PBS dependant leave to remain), myself and my spouse need to apply SAME DAY home office although my spouse would be applying for ILR and I would be applying for extension?

Finally if I dont go for ILR, when would I be eligible for ILR again?

[vinny]

Try to find more documents from earlier years as well. You may succeed in getting ILR. The requirement includes spending at least two years in the UK. I believe it does not necessarily imply that it has to be the last two years.

Else, you may extend as a PBS dependant.

[vsmi]

Thanks Vinny.

One more question - Today I was told by my company that my wife can ONLY apply for PBS dependant althgouh she is in UK for last 5 years. This is mainly to do with NOT enough cohabitaiton documents in 2013 (we have in 2014). So even to apply for PBS dependant, it seems my wife needs to show bank balance for last 3 months that every month have minimum £630 balance. If a person has got this minimum balance for the last 3 months only, they can make a PBS application it seems. I was also told that if we are not eligible for even PBS dependant, then do we really need to leave the country

Or any other visa we can apply so that ny wife can be here physically.

[vinny]

I think that your company was wrong.

She has to satisfy the requirements of 319E. Since she had leave as your dependant prior to 9 July 2012, 319E(d)(i) is applicable. Therefore, the specified period is two years.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):

So, if you can show that she has been living with you in the UK for at least two years during the 5 year period, then 319E(d) is satisfied.

Also, 319E(e), that the marriage must be subsisting at the time the application is made. The documents in 2014 would show this.

[manci]

[quote="vsmi"]
I came to UK on Tier 2 intra company trasnfer dependant visa on 5-Feb-2010. So we are now eligible to apply for ILR however I was told that I dont have enough evidence on my cohabitation document.

Is it safe to take a bet to apply for ILR Home office explaining the situation along with my spouse even though I had only 1 document in 2013 but many in 2014?[quote]

Please confirm that in 2013 you were living together. If you did live together the discussion should focus on the documents to produce to prove it. You said you had one such document, what is it? The rules have been explained by Vinny.

[vsmi]

the only document I had in 2013 is from UK Home office. However I also had driving receipts in 2013 (but they are hand written). However after verifying all these my company solictors said it not enough. I also took a letter from GP, school and my daugher dance academy that my wife is doing something in 2013.

She has got lot of documents in 2014 though.

[vsmi]

In 2013, she has UK Home office letter only. However she also has hand written receipts for driving classes that she took in 2013. but my company solictors said that they are hand written and not accepted.

I also took lot of retrospective letters from GP, school etc. .but again my company solicitors said they are all retrospective.

2014 - no problem she has lot of letters.

Finally they said since she does not have enough evidence for cohabitation, she can NOT apply therefore extending PBS dependant visa.

[vsmi]

In 2013, she has UK Home office letter only. However she also has hand written receipts for driving classes that she took in 2013. but my company solictors said that they are hand written and not accepted.

I also took lot of retrospective letters from GP, school etc. .but again my company solicitors said they are all retrospective.

2014 - no problem she has lot of letters.

Finally they said since she does not have enough evidence for cohabitation, she can NOT apply therefore extending PBS dependant visa.

[vsmi]

In 2013, she has UK Home office letter only. However she also has hand written receipts for driving classes that she took in 2013. but my company solictors said that they are hand written and not accepted.

I also took lot of retrospective letters from GP, school etc. .but again my company solicitors said they are all retrospective.

2014 - no problem she has lot of letters.

Finally they said since she does not have enough evidence for cohabitation, she can NOT apply therefore extending PBS dependant visa.

[manci]

Is the company solicitor experienced in immigration matters? From your description it is difficult to tell the suitability of the 2013 documents. If I were you I would seek an opinion/assistance from an immigration advisor. However, just because a document is handwritten this doesn't make it unsuitable and it is not clear what you mean by retrospective letters from GP, school, etc.?