SET(M) Cohabitation Problem

[yahoomail]

Hello there,

I have seen people offering valuable advice on this forum and would like to have opinions

I was married to my wife 2 years ago. During that time, I used to live at a place where i have a contract with my landlord covering the rent and all bills of the room. My wife being a student in a university in a negibouring city commuted for a while. The only documents I have to prove that she lived with me is our Joint Account and her provisonal driving license which we applied for there.

In september 2009, due to work commitments, I had to move towards the north. My wie couldnot join me because she was studying. She stayed at her sister's place and i used to visit her every week. I donot have train tickets covering the period from Sept to Dec, but i do luckily have a ticket for december, and in my statements i have trains payments in my credit card almost every week. We then travelled abroad on a holiday in Dec'09 and stayed for a month (arrived back in Jan'10).

In Feb'10, i moved to an apartment and because her course work was light, she decided to move in with me and we have all documents since. COuncil tax + contents insurance, gas/water bilsl name it we have it all.

the form says i need to show 2 years. ideally i would like to go thru a PEO? is it still possible or Is my case hopeless?

[Casa]

It's unlikely that the PEO will accept the application and will send it for further consideration. If ILR isn't granted due to the lack of evidence of joint co-habitation for the full 2 years, at the Home Office discretion they may issue you with Further Leave to Remain - FLR(M) to enable you to make up the time spent apart.
It may be wise to seek legal help with the application.

[yahoomail]

so FLR(M) is likely to be the worst case scenario?

what if set(m) is refused? will i be deported?

what is the current processing time for SET(M) applications?

[Casa]

No, you won't be deported. ILR applications are taking around 12 weeks to process. Your status remains the same while it's being decided.