Tier 2 General Dependent - Documentation advice

[jmf11]

Hi

I'm a Canadian on a Tier 2 General Visa. I have got married with my wife in November this year back home in Canada. We've been together for over 10 years. She is also Canadian, and has been in the UK for the last 2 years on a Tier 5 YMS visa which is expiring in a couple of weeks (living with me, though rent contract is in my name only)

She will be applying in Canada in the coming weeks for a Tier 2 Dependent Visa given that we're now married.

I am a bit confused with regards to documentation required in her application: guidance seems to suggest only the marriage certificate and proof of maintenance are required (we have both to hand). However, when I read some of the topics/posts, a lot of people suggest we need to submit more evidence (e.g. skype/call logs) which substantiates our relationship.

Can anyone please advise? Any help would be massively appreciated!!!

[CR001]

She could have applied in the UK even if you were not married.

If you have lived together in the UK, you need evidence of cohabitation. If you have been apart, you need evidence of subsisting relationship.

[jmf11]

Thanks for your answer

Given she is on a Tier 5 YMS, she was unable to switch to a Tier 2 once we got married (you cannot switch to any visa in country under a Tier 5 YMS), and in any case we are coming back to Canada for Christmas to see our family, so it was straightforward for her to apply there.

She has lived with me all the time during those 2 years in the UK, so I guess I can attach bank statements from both of us showing we're at the same address (We don't have a joint account)?

Many Thanks

Jordan

[CR001]

Given she is on a Tier 5 YMS, she was unable to switch to a Tier 2 once we got married (you cannot switch to any visa in country under a Tier 5 YMS)

Whoever told you that was talking nonsense. She could most certainly have applied as a Tier 2 dependent. It is a tier 2 main applicant she can't do within the UK.

[jmf11]

Thanks - might have indeed be confusion, but too late for this now .

At least not a very big deal as we always go back home for Christmas anyways, and processing times in Canada are pretty good (>75% in less than 5 working days)

Just reading posts of married dependants who were refused entry based on lack of evidence that the marriage was subsisting (319C(d)) has me worried, though I'm probably overworrying!

I guess with bank statements with the same address in the UK, both our passports showing numerous trips together, my wife's UK visa (same address as mine), there's probably enough evidence that our marriage is indeed subsisting after 10 years of being together!

[CR001]

Also tenancy agreement etc anything to prove cohabitation and of course the proof of 90 days maintenance funds.