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Urgent help please - ILR deffered - additional cohab docs

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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neo.kap
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Urgent help please - ILR deffered - additional cohab docs

Post by neo.kap » Thu Feb 21, 2013 12:13 am

Hi

I am on Tier2 (ICT) and my wife is on Tier 2 dependent visa valid till April 2014. I am eligible for the ILR. what will be the status of my wife visa once I get ILR. is her Tier 2 dependent visa remain valid?

wpilr_nov12
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Re: Tier 2 (ICT) dependent's status after main applicants IL

Post by wpilr_nov12 » Thu Feb 21, 2013 7:03 am

neo.kap wrote:Hi

I am on Tier2 (ICT) and my wife is on Tier 2 dependent visa valid till April 2014. I am eligible for the ILR. what will be the status of my wife visa once I get ILR. is her Tier 2 dependent visa remain valid?
read the pbs dependent document from my'useful links' below..
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

neo.kap
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Re: Tier 2 (ICT) dependent's status after main applicants IL

Post by neo.kap » Thu Feb 21, 2013 8:49 am

wpilr_nov12 wrote:
neo.kap wrote:Hi

I am on Tier2 (ICT) and my wife is on Tier 2 dependent visa valid till April 2014. I am eligible for the ILR. what will be the status of my wife visa once I get ILR. is her Tier 2 dependent visa remain valid?
read the pbs dependent document from my'useful links' below..
I didnt find any info.

I have applied for ILR with my wife but CW was not happy with co-hab docs I provided and he put my case on hold asking for more co-had docs that I dont have. So I am thinking to withdraw my application and apply for my ILR first and after few months once I have sufficient co-hab docs, I will apply for her ILR. so my question is what will be her status after I get ILR. is her Tier 2 dependent visa reamin valid until April 2014 and continue on that visa as Tier 2 dependent or or she has to apply for ILR dependent visa?

wpilr_nov12
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Post by wpilr_nov12 » Thu Feb 21, 2013 9:55 am

You began by saying you are eligible for ILR, which implies

1) you haven't applied for ILR
2) your wife isn't eligible to apply for ILR

Before you 'withdraw' your application,
(i) was your wife eligible to apply for ILR as your dependent on your ILR application form?
(ii) cohab docs are for dependent only. lack of cohab doc would not affect the outcome of your application as the primary applicant. if you want you can withdraw her only.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

vinny
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Post by vinny » Thu Feb 21, 2013 10:04 am

If you and your wife have already applied, then there is nothing to be gained by withdrawing. Withdrawing will just make certain that you lose the fees automatically.

If your wife fails, then it doesn't imply that you will fail.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

neo.kap
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Post by neo.kap » Thu Feb 21, 2013 10:54 am

wpilr_nov12 wrote:You began by saying you are eligible for ILR, which implies

1) you haven't applied for ILR
2) your wife isn't eligible to apply for ILR

Before you 'withdraw' your application,
(i) was your wife eligible to apply for ILR as your dependent on your ILR application form?
(ii) cohab docs are for dependent only. lack of cohab doc would not affect the outcome of your application as the primary applicant. if you want you can withdraw her only.
Yes, we both are eligible and applied for ILR Yesterday at crydon PEO but CW put my case on hold asking us to provide more docs within 14 days as I mentioned he was not happy with co-hab docs I provided. I don't know if I withdraw her only then how long it will take to decide my case. I don't want to wait. Any idea on time line?
I am thinking to withdraw both's application and then aply for my ILR first and once I have sufficent docs I will apply for her ILR. So my question was will her Tier 2 dependent visa remain valid once I get my ILR.

wpilr_nov12
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Post by wpilr_nov12 » Thu Feb 21, 2013 11:11 am

neo.kap wrote: ....
Yes, we both are eligible and applied for ILR Yesterday at crydon PEO but CW put my case on hold asking us to provide more docs within 14 days as I mentioned he was not happy with co-hab docs I provided. I don't know if I withdraw her only then how long it will take to decide my case. I don't want to wait. Any idea on time line?
I am thinking to withdraw both's application and then aply for my ILR first and once I have sufficent docs I will apply for her ILR. So my question was will her Tier 2 dependent visa remain valid once I get my ILR.
YES, if you get ILR based on PBS route. And that is exactly what the PBS Document I referred to earlier mentions, including what she needs to do in future.

Also, what is your cohab doc situation like? what did you include?
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

vinny
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Post by vinny » Thu Feb 21, 2013 11:33 am

If you have already applied for ILR, then what is the logic in withdrawing your ILR application, only to subsequently reapply for ILR again?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

neo.kap
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Post by neo.kap » Thu Feb 21, 2013 11:44 am

vinny wrote:If you have already applied for ILR, then what is the logic in withdrawing your ILR application, only to subsequently reapply for ILR again?
There is no guarantee on how long it will take to decide my case. and I am not in situation to wait any longer.

vinny
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Post by vinny » Thu Feb 21, 2013 11:55 am

Why can you not wait? Your leave continues until April 2014.

Your application is already pending.

Withdrawing and reapplying may take much longer than just waiting.

Do you have to travel?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

neo.kap
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Post by neo.kap » Thu Feb 21, 2013 10:11 pm

wpilr_nov12 wrote:You began by saying you are eligible for ILR, which implies

1) you haven't applied for ILR
2) your wife isn't eligible to apply for ILR

Before you 'withdraw' your application,
(i) was your wife eligible to apply for ILR as your dependent on your ILR application form?
(ii) cohab docs are for dependent only. lack of cohab doc would not affect the outcome of your application as the primary applicant. if you want you can withdraw her only.

If I send a letter mentioning that why I don't have many document and if they decide to refuse, will they also refuse main applicant ILR or just dependent's?

neo.kap
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Post by neo.kap » Fri Feb 22, 2013 4:27 pm

neo.kap wrote:
wpilr_nov12 wrote:You began by saying you are eligible for ILR, which implies

1) you haven't applied for ILR
2) your wife isn't eligible to apply for ILR

Before you 'withdraw' your application,
(i) was your wife eligible to apply for ILR as your dependent on your ILR application form?
(ii) cohab docs are for dependent only. lack of cohab doc would not affect the outcome of your application as the primary applicant. if you want you can withdraw her only.

If I send a letter mentioning that why I don't have many document and if they decide to refuse, will they also refuse main applicant ILR or just dependent's?
anyone?

cs95tdg
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Post by cs95tdg » Fri Feb 22, 2013 7:56 pm

neo.kap wrote:
neo.kap wrote:If I send a letter mentioning that why I don't have many document and if they decide to refuse, will they also refuse main applicant ILR or just dependent's?
anyone?
Reading the response already provided by vinny may help.
vinny wrote:If you and your wife have already applied, then there is nothing to be gained by withdrawing. Withdrawing will just make certain that you lose the fees automatically.

If your wife fails, then it doesn't imply that you will fail.

vinny
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Post by vinny » Fri Feb 22, 2013 11:42 pm

neo.kap wrote:Need your help and advice. I went to Croydon for my ILR. My application has not been granted and the caseworker requested for more cohab documents.

Exact words: "provide documentary evidence evenly spread through the last two years to prove cohabitation between you and your dependent.
Please concentrate document dated between January 2011 and Oct 2012"

I provided following documents.

Period - Name - Document
1. 2011 - Both - Council bill
2. 2012 - Both - Council bill
3. 2011-2012 - Both - Residency letter from electoral registrar office.
4. Oct 2012-Jan 2013 - Both - BT bills
5. Oct 2012-Jan 2013 - Both - Bank Statements
6. Oct 2012-Jan 2013 - Wife - Electricity Bill
7. me+wife - NHS Cards old address
8. me+wife -NHS Cards new address
9. Oct-12 - Both - Polling card
10. Both - GP letter confirming we are registered with practice and living at the mentioned address since 2008
11. Both - GP letter with list of appointments. we had many appointments in 2011 and 2012
12. Feb-11 - Wife - Hospital letter

CW was looking at the document print date and not the document period. e.g. I didn't have 2011 council statement so I requested a copy in Oct-12. So print date on 2011 statement was Oct 2012. CW took this for Oct-12 and not for 2011. He did same for NHS cards, GP letters and electoral residency letter. Many of them I requested in Oct 2012.

I do not have any more official documents to send them. I just found polling card for Oct 2011 but it has minor spelling mistake in names.

Can you pls advise what should I do in this situation?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Post by vinny » Fri Feb 22, 2013 11:43 pm

cs95tdg wrote:
neo.kap wrote:CW was looking at the document print date and not the document period. e.g. I didn't have 2011 council statement so I requested a copy in Oct-12. So print date on 2011 statement was Oct 2012. CW took this for Oct-12 and not for 2011. He did same for NHS cards, GP letters and electoral residency letter. Many of them I requested in Oct 2012.
May I ask whether you explained this to the CW on the day? Or did you not get the opportunity to do so? If you didn't then the logical thing to do would be to highlight the period covered in the various cohabitation evidence you provided, by means of a cover letter. Make sure the evidence spans across the period requested "provide documentary evidence evenly spread through the last two years to prove cohabitation between you and your dependent. Please concentrate document dated between January 2011 and Oct 2012"
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

neo.kap
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Post by neo.kap » Sat Feb 23, 2013 12:14 am

vinny wrote:
cs95tdg wrote:
neo.kap wrote:CW was looking at the document print date and not the document period. e.g. I didn't have 2011 council statement and requested a copy in Oct-12. So print date on 2011 statement was Oct 2012. CW took this for Oct-12 and not for 2011. He did same for NHS cards, GP letters and electoral residency letter. Many of them I requested in Oct 2012.
May I ask whether you explained this to the CW on the day? Or did you not get the opportunity to do so? If you didn't then the logical thing to do would be to highlight the period covered in the various cohabitation evidence you provided, by means of a cover letter. Make sure the evidence spans across the period requested "provide documentary evidence evenly spread through the last two years to prove cohabitation between you and your dependent. Please concentrate document dated between January 2011 and Oct 2012"
I did try to explain him but he was not in mood to listen anything. he said he looks at print date,name and address and not interested in document's content.
Last edited by neo.kap on Sat Feb 23, 2013 12:31 am, edited 2 times in total.

vinny
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Post by vinny » Sat Feb 23, 2013 12:16 am

Write the explanation in a letter.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Post by Amber » Sat Feb 23, 2013 2:25 am

neo.kap wrote:
vinny wrote:
cs95tdg wrote:
neo.kap wrote:CW was looking at the document print date and not the document period. e.g. I didn't have 2011 council statement and requested a copy in Oct-12. So print date on 2011 statement was Oct 2012. CW took this for Oct-12 and not for 2011. He did same for NHS cards, GP letters and electoral residency letter. Many of them I requested in Oct 2012.
May I ask whether you explained this to the CW on the day? Or did you not get the opportunity to do so? If you didn't then the logical thing to do would be to highlight the period covered in the various cohabitation evidence you provided, by means of a cover letter. Make sure the evidence spans across the period requested "provide documentary evidence evenly spread through the last two years to prove cohabitation between you and your dependent. Please concentrate document dated between January 2011 and Oct 2012"
I did try to explain him but he was not in mood to listen anything. he said he looks at print date,name and address and not interested in document's content.
Can you not get copies of bank statements for the 2011-12 period, even if not in joint names?

neo.kap
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Post by neo.kap » Sat Feb 23, 2013 7:12 am

D4109125 wrote:
neo.kap wrote:
vinny wrote:
cs95tdg wrote:May I ask whether you explained this to the CW on the day? Or did you not get the opportunity to do so? If you didn't then the logical thing to do would be to highlight the period covered in the various cohabitation evidence you provided, by means of a cover letter. Make sure the evidence spans across the period requested "provide documentary evidence evenly spread through the last two years to prove cohabitation between you and your dependent. Please concentrate document dated between January 2011 and Oct 2012"
I did try to explain him but he was not in mood to listen anything. he said he looks at print date,name and address and not interested in document's content.
Can you not get copies of bank statements for the 2011-12 period, even if not in joint names?

She is not working and doesnt have bank account on her name. I added her name last year and submitted bank statment that covers period from Oct 2012. I am going to get a letter from my employer confirming our tier 2 & dependent visa spomsership and we are living togather. I found 2-3 misc envelopes on her names from 2011.
Is there any other thing i can do? What are the chances of success if I write the explanation about the documents I already submitted?

neo.kap
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Post by neo.kap » Sat Feb 23, 2013 10:35 am

neo.kap wrote:
D4109125 wrote:
neo.kap wrote:
vinny wrote:
I did try to explain him but he was not in mood to listen anything. he said he looks at print date,name and address and not interested in document's content.
Can you not get copies of bank statements for the 2011-12 period, even if not in joint names?

She is not working and doesnt have bank account on her name. I added her name last year and submitted bank statment that covers period from Oct 2012. I am going to get a letter from my employer confirming our tier 2 & dependent visa spomsership and we are living togather. I found 2-3 misc envelopes on her names from 2011.
Is there any other thing i can do? What are the chances of success if I write the explanation about the documents I already submitted?
any advice?

vinny
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Post by vinny » Sat Feb 23, 2013 11:26 am

Submit both explanations and any further documents.

Her chances are better than doing nothing or withdrawing.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

neo.kap
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Post by neo.kap » Sat Feb 23, 2013 5:18 pm

neo.kap wrote:
D4109125 wrote:
neo.kap wrote:
vinny wrote:
I did try to explain him but he was not in mood to listen anything. he said he looks at print date,name and address and not interested in document's content.
Can you not get copies of bank statements for the 2011-12 period, even if not in joint names?

She is not working and doesnt have bank account on her name. I added her name last year and submitted bank statment that covers period from Oct 2012. I am going to get a letter from my employer confirming our tier 2 & dependent visa spomsership and we are living togather. I found 2-3 misc envelopes on her names from 2011.
Is there any other thing i can do? What are the chances of success if I write the explanation about the documents I already submitted?
Any guru here to advice?

cs95tdg
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Post by cs95tdg » Sat Feb 23, 2013 11:41 pm

neo.kap wrote:
neo.kap wrote:
D4109125 wrote:
neo.kap wrote:I did try to explain him but he was not in mood to listen anything. he said he looks at print date,name and address and not interested in document's content.
Can you not get copies of bank statements for the 2011-12 period, even if not in joint names?

She is not working and doesnt have bank account on her name. I added her name last year and submitted bank statment that covers period from Oct 2012. I am going to get a letter from my employer confirming our tier 2 & dependent visa spomsership and we are living togather. I found 2-3 misc envelopes on her names from 2011.
Is there any other thing i can do? What are the chances of success if I write the explanation about the documents I already submitted?
Any guru here to advice?
Re-iterating what has already been said. If you clearly list the pieces of evidence you are providing to prove cohabitation during the period requested by the UKBA in a cover letter, I see no reason why they would not be accepted. Note that you will need to ensure that the documents you send, cover the period they have requested and also make sure that you clearly explain the reason why specific evidence have a later issue date of October 2012.

The following 3 pieces of evidence appear to cover the required period. Whether the others do, is not clear. You may want to find some other utility bills which cover the entire period requested as well... currently what you state below under 4,5 & 6 just covers the period between Oct 2012-Jan 2013. They need to cover the period between January 2011 and Oct 2012. Note that, not all items need to be addressed to both of you.

A) Council Tax covering 2011-2012
B) Electoral Register covering 2011-2012
C) GP Registration covering beyond 2011-2012
neo.kap wrote:Period - Name - Document
1. 2011 - Both - Council bill
2. 2012 - Both - Council bill
3. 2011-2012 - Both - Residency letter from electoral registrar office.
4. Oct 2012-Jan 2013 - Both - BT bills
5. Oct 2012-Jan 2013 - Both - Bank Statements
6. Oct 2012-Jan 2013 - Wife - Electricity Bill
7. me+wife - NHS Cards old address
8. me+wife -NHS Cards new address
9. Oct-12 - Both - Polling card
10. Both - GP letter confirming we are registered with practice and living at the mentioned address since 2008
11. Both - GP letter with list of appointments. we had many appointments in 2011 and 2012
12. Feb-11 - Wife - Hospital letter

EdinburghCR
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Re: Urgent help please - ILR deffered - additional cohab doc

Post by EdinburghCR » Sat Nov 08, 2014 1:59 pm

Hi,
I am something similar and hopefully someone here can help me with right inputs. I am currently on Tier 2 ICT and wishing to apply for ILR along with my wife and child both dependants on me. For cohabitation requirement, I am confused on what is required. I have below would this suffice.

- council tax annual statements for last two years (with dates of 2012, 2013 and 2014)
- Utility bill from Oct 2014 (I added my wife to the account recently)
- Virgin travel insurance statement from July 2014
- Joint tenancy agreement of 2010 (there is a minor spelling mistake in my wife's name)

Second query I have is, would the employer need to state the SOC code and confirmation that salary is above the SoC requirement? is this mandatory? or just a letter stating I am employed with the company and required to stay in UK for another year along with the annual salary I am currently getting, is this sufficient?

Would above suffice.

Thanks for any response and help.

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