cohabitation for two years but visa expiry before two years.

[bipsan]

Hi...
I have a query for my family friend regarding ILR Spouse visa.
My friend Mr.Shankar got his ILR (Tier 1 General) In June 2013 and His wife did arrived in UK April 2012 since they both staying together.

In August 2012 Mr.Shankar applied for his Tier1 extension (BY POST) with wife as dependent, got them Tier1 visa extended From Feb 2013 to Feb 2015 (Two Years)

Later Mr.Shankar is eligible for ILR so he applied ILR (Tier1 General) in June 2013 same day services and approved his ILR on same day.

Now the main query is, Mr.Shankar’s wife staying with him since she arrived in UK, April 2012 but she don’t have any documented cohabitation proof showing her name on any utility or bank account. Recently in July 2013 she opened Bank account where Mr.Shankar (Husband) and herself address is the same.

Both saying together in sharing apartment where utility bill is on her Husband Mr.Shankar’s name and now recently they asked utility company to merge her name in utility bill too.

As per ILR guidance they asking for husband and wife should staying together for 2 years before spouse applying for ILR.

Here in this case Mr. Shankar having only proof is bank statement where his and his wife residence address is same but that’s form July 2013, it mean if they maintain she can apply for ILR in July/August 2015? But in between Mr.Shankar’s wife dependent visa would be expiring in Feb 2015.
Please advice how to sort with this issue of cohabitation?

(Mr. Shankar‘s Wife don’t have NI, NHS, Voter registration so far, they ll apply this month for all)

Looking forward expert advice,
Regards,
Bipsan

[Amber]

I think you will find the wording is actually:

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

Thus it would not be from April 2012 would it?

The application should be made on set(o) once qualified.

[bipsan]

I think you will find the wording is actually:

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

Thus it would not be from April 2012 would it?

The application should be made on set(o) once qualified.

Thnx for your reply, but by the time the applicant would be qualified guess July/Aug 2015 she wont have valid visa, as her tier1 dependent visa would be expiring in feb. 2015?

Regds,

Bipsan

[Amber]

If she has been a PBS dep since April 2012 then she'll be applying in April 2014 providing she meets the requirements. But she'll need cohabitation proof from her last extension which was feb 2013. Two separate dates.

[bipsan]

If she has been a PBS dep since April 2012 then she'll be applying in April 2014 providing she meets the requirements. But she'll need cohabitation proof from her last extension which was feb 2013. Two separate dates.

Thanks amber for your prompt reply...

PBS dependent? She is on Tier1 General Dependent visa since she arrived in UK Apr 2012 and further visa got extended in Feb 2013 again same category Tier1 General dependent visa?

guess Tier1 General dependent visa is PBS dependent visa.

She having cohabitation proof from july 2013 is their any way to have proof as cohabitation if landlord certify saying both stayed together in his property since apr.2012... would it be consideration

Regds,
Bipsan

[Amber]

If she has been a PBS dep since April 2012 then she'll be applying in April 2014 providing she meets the requirements. But she'll need cohabitation proof from her last extension which was feb 2013. Two separate dates.

Thanks amber for your prompt reply...

PBS dependent? She is on Tier1 General Dependent visa since she arrived in UK Apr 2012 and further visa got extended in Feb 2013 again same category Tier1 General dependent visa?

guess Tier1 General dependent visa is PBS dependent visa.

She having cohabitation proof from july 2013 is their any way to have proof as cohabitation if landlord certify saying both stayed together in his property since apr.2012... would it be consideration

Regds,
Bipsan

She should be looking for any evidence starting from Feb 2013 and collecting such evidence every 4 months preferably from a total of at least 3 sources.

[bipsan]

If she has been a PBS dep since April 2012 then she'll be applying in April 2014 providing she meets the requirements. But she'll need cohabitation proof from her last extension which was feb 2013. Two separate dates.

Thanks amber for your prompt reply...

PBS dependent? She is on Tier1 General Dependent visa since she arrived in UK Apr 2012 and further visa got extended in Feb 2013 again same category Tier1 General dependent visa?

guess Tier1 General dependent visa is PBS dependent visa.

She having cohabitation proof from july 2013 is their any way to have proof as cohabitation if landlord certify saying both stayed together in his property since apr.2012... would it be consideration

Regds,
Bipsan

She should be looking for any evidence starting from Feb 2013 and collecting such evidence every 4 months preferably from a total of at least 3 sources.

Many thanks for your guidance...
I did checked with her and she don't have anything as cohabitation form feb,2013 since her Tier1 dependent visa was extended, but she having cohabitation proof form this month July 2013 so with this if she maintain till next July 2014, would she eligible to apply for ILR on PBS dependent? on July 2014?

Regds,

Bipsan

[Amber]

If she has been a PBS dep since April 2012 then she'll be applying in April 2014 providing she meets the requirements. But she'll need cohabitation proof from her last extension which was feb 2013. Two separate dates.

Thanks amber for your prompt reply...

PBS dependent? She is on Tier1 General Dependent visa since she arrived in UK Apr 2012 and further visa got extended in Feb 2013 again same category Tier1 General dependent visa?

guess Tier1 General dependent visa is PBS dependent visa.

She having cohabitation proof from july 2013 is their any way to have proof as cohabitation if landlord certify saying both stayed together in his property since apr.2012... would it be consideration

Regds,
Bipsan

She should be looking for any evidence starting from Feb 2013 and collecting such evidence every 4 months preferably from a total of at least 3 sources.

Many thanks for your guidance...
I did checked with her and she don't have anything as cohabitation form feb,2013 since her Tier1 dependent visa was extended, but she having cohabitation proof form this month July 2013 so with this if she maintain till next July 2014, would she eligible to apply for ILR on PBS dependent? on July 2014?

Regds,

Bipsan

Surely she has a home office letter from Feb 2013?