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Applying for ILR as a Spouse

General UK immigration & work permits; don't post job search or family related topics!

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rebeccac
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Applying for ILR as a Spouse

Post by rebeccac » Mon Feb 20, 2006 11:14 am

Hello everyone.

I read this forum regularly as I am trying to prepare for my ILR application at the end of this year.

My query relates to the supporting documentation that needs to be provided for proving you have bee living at the same address over the period of time.

The situation with my husband and I is that we currently with his mother (we did also at the time of our fiancee visa application and spouse visa application). As a result, we do not have a tenancy agreement in our name, nor council tax or utility bills. We do contribute to these, and I anticipate asking my mother in law to provide a letter to state such, but I am aware this will not be as beneifical as the bills in our names (which is not an option).

As such, it does make it more difficult to gather such documentation.

We currently have the following documentation and can I seek your comments?
Joint bank accounts x2
NHS card (myself)
Bank account statements from Australia (myself)
Car Insurance (my husband) (is it worth adding myself as a second driver?)
AA Roadside Insurance (my husband)
Car registration documentation (my husband)
Correspondence from DWP when I applied for my National Insurance number (myself)
Superannuation documentation (myself - Superannuation is the equivalent of UK pension)
All travel documents as we are returning to Australia in June for a holiday


I will look again at getting a contract mobile phone but because the person who lived at the address before us had such a bad credit rating, last time I tried to get a contract phone they wanted £100 deposit. May have to do it.

Can I have anyones comments/guidance. It would be much appreciated.

Thank you
Rebecca

Chess
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Post by Chess » Mon Feb 20, 2006 11:27 am

AA and Car Insurance documentation is not usefull am afraid...

evidence required will include

- employer letters to 'that' address
- Drving licence
- phone bills
- utility bills

etc...

check such a case has been covered on this forum before...
Where there is a will there is a way.

rebeccac
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Posts: 6
Joined: Mon Nov 14, 2005 12:25 pm

Post by rebeccac » Mon Feb 20, 2006 11:56 am

Thank you for your reply Chess.

I have been searching the forum trying to find a topic of a similar nature (ie not having own house, therefore difficulity with bills).

I note your comments about AA and car insurance.

What type of employer's letters would be beneficial? I could speak with my employers to have them arrange.

I also note you state utilities and phone bills - that is the problem I have and am trying to rectify. Will keep searching re mobile phone contracts.

Marie B
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Posts: 143
Joined: Thu Oct 21, 2004 2:31 pm
Location: London

Post by Marie B » Mon Feb 20, 2006 6:53 pm

Hi Rebeccac,

my husband is in this country on a spouse visa and I have spent quite a bit of time making sure he has enough documents when it comes to applying for his ILR. I disagree with Chess and think you will be able to include your Car Insurance Certificate as evidence of your living at the same address and think a letter from your employer will be of no help.

If you look at the SET (M) application form, section 7 includes a list of acceptable documents, click on the link below:

Form SET(M)

As you will see it says:
You must provide documents of the kind described below as evidence that you and your spouse or partner live together.

Please provide ten items of correspondence of the kind, or from the sources listed below, addressed to you and your spouse or partner jointly during each of the past 2 years if they clearly show that you live together at the same address. At least 5 of these documents should be from different sources. If you have not received any such correspondence that is addressed to you and your spouse or partner jointly, it is acceptable to provide no less than 4 items addressed to one of you and no more than 6
items addressed to the other partner during each of the past 2 years so long as they show the same address.

•telephone bills or statements
•gas bills or statements
•electricity bills or statements
•water rates bills or statements
•council tax bills or statements
•local social services department
•local health authority
•government department or agency (eg Department of Health, Inland Revenue, Department for Work and Pensions, Employment
Service)
•bank or building society statements or passbooks
•credit card statements
•insurance certificates complete with address
•mortgage statements or agreement
•tenancy agreement
As you will see it includes 'insurance certificates complete with address', so I think the car insurance certificate will be fine.

The important thing to remember is that you will need to submit ten documents (at least four from one of you and a maximum of six from the other) and they will need to be from at least five different sources. So for year one (as an example) you could include:

Your NHS card
Your correspondence from DWP
Three bank account statements (from Australia)

Your husband could include:

Car insurance certificate
Two statements from one joint bank account
Two statements from other joint bank account

Then you have submitted 10 items of correspondence (five from each of you) from six different sources. Then you just need to do the same for year two.

Do you have further correspondence from DWP for year two? Does your husband have another car insurance certificate for year two? Eight of your items of correspondence could be statements from both joint bank accounts and your Australian bank account, then you just need two further pieces of correspondence on the list to make up the necessary five different sources. Any credit card statements or letters from the Inland Revenue??

Interestingly there is no mention of a driving licence on the list, I would have thought it would be acceptable though if it was dated within the time frame. Maybe someone else will have an idea about this? Could you apply for a UK licence? I don't think including you as an additional driver on the insurance will make a difference either way.

My husband and I have a similar problem in that our rent is inclusive of council tax and utilities. He had a nightmare trying to open a bank account - only managed to in the end by changing the name on the phone bill to use as proof of address and only did this by threatening to leave NTL for BT (50 phone calls later).

If you are PAYE I think the Inland Revenue send out a notice of coding at the end of the financial year (April), and a P60 (statement of PAYE Tax) also sent in April - both of these would count.
Last edited by Marie B on Sat Feb 25, 2006 11:14 am, edited 1 time in total.

John
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Location: Birmingham, England
United Kingdom

Post by John » Mon Feb 20, 2006 7:58 pm

Marie, a quick query. Bank Statements from Australia? You mean an Australian bank account but statements sent to the person in the UK?

The form P60 is not issued by HMRC (formerly Inland Revenue). It is issued by the person's employer. Nevertheless with its name and address of the person clearly it is useful when submitting the SET(M).
John

rebeccac
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Post by rebeccac » Tue Feb 21, 2006 11:59 am

Marie,

Thank you so much for taking the time to reply in such a clear and easy to understand manner. I really appreciate it. I have looked at the form many times but they way you have set out the documentation we already have, I can clearly understand what you are saying.

John,

Thank you also for your comments. I was hoping my post would be read by you and comments made as I read the forum often and your comments are valuable. As to your reply to Marie's post, I do have an Australian bank account and receive statements to my UK address.

Back to what you said Marie, where you list my documents for year one, you said 'three bank accunt statements from Australia'. Did you mean three statements over the year period or from three accounts? If it is three over the period, I believe I will have 2 as they are issued every six months.

I am able to met the requirements that you said for my husband as we have two joint bank accounts (is it okay do you think that they are with the same bank?)

In relation to year two you commented on any further correspondence from the DWP. Unfortunately I have not. Perhaps I could engage them in some correspondence? Any ideas?

As for Inland Revenue, I was not aware that you needed to notify them of changes of address and will do so, so that I will recieve my tax coding notice etc. Hopefully they will then send me further correspondence.

In relation the driver's licence, as I hold an Australian licence, I am able to 'swap' my licence for a UK one. I was holding off doing this, but will do so if it will assist.

I do also have credit card statements in my name (from Australia - sent to my UK address) but I was trying to avoid using these as I did not known if it was a good idea to show the balance of the card. I can obviously use the one with the most amount of credit on it. I will have these spanning the full two year period. I will also speak to my husband about he applying for a credit card.

I look forward to hearing your comments.

Rebecca

Marie B
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Posts: 143
Joined: Thu Oct 21, 2004 2:31 pm
Location: London

Post by Marie B » Tue Feb 21, 2006 8:35 pm

Hello
Did you mean three statements over the year period or from three accounts?
I meant three statements from the one account, but if you have two you would have satisfied the minimum requirement of at least four items of correspondence for year one. Then your husband can add another statement from one of the joint bank accounts to make up the six he needs. I'm not sure whether it will matter that both joint bank accounts are with the same bank - will that count as coming from the same source -perhaps John has an idea whether this will be a problem? Does it matter that some statements are from an Australian Bank, I would have thought that as long as the address is right they could be included?

Could you open a savings account with another bank (just stick £10 in it or so)? Then you could use the pass book as another piece of evidence.

I would definitely use some of your credit card statements if it looks like you won't have enough documentation, although hopefully with the P60 and Notice of Coding you will have enough.

Marie B
Member
Posts: 143
Joined: Thu Oct 21, 2004 2:31 pm
Location: London

Post by Marie B » Sat Feb 25, 2006 11:11 am

Hi Rebeccac

Just looking at my car registration certificate and I noticed the following written on the front: 'DVLA An executive agency of the Department for Transport'. I think this means your husband can include his registration document as evidence as it is from a -
government department or agency (eg Department of Health, Inland Revenue, Department for Work and Pensions, Employment Service)
Anybody have any thoughts?

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sat Feb 25, 2006 1:47 pm

Marie, I think, certainly yes .... for the reason you state.
John

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