Tier 2 general and dependant extension

[KomalAbhi]

Hello,

My husband is on tier 2 General Visa and I am currently his dependant. We are due for our extensions by 30 January 2015. My husband works in Sheffield and I work in Cambridge. We have been living separately on the weekdays even though we got married in June 2013. However, my husband is now moving to Cambridge as he has got a placement here.

I have been looking at the forum for the list of documents required for tier 2 dependent extension and would appreciate some help and guidance.

Would I need to prove that we have been living together for the extension?

[CR001]

You need to prove 'subsisting marriage' and this is usually 2 years worth of cohabitation documents.

[KomalAbhi]

Would the following documents be valid to prove subsisting relationship:

1.Weekend train travel tickets from Sheffield to Cambridge (for 2 years)
2.Holiday travel tickets, hotel bookings and pictures for last 2 years
3. Marriage Certificate
4. New House Tenancy with both our names
5. New house council Tax bill
6. Bank statements with same new address

[CR001]

Do you have any correspondence to the same address while living apart?

[KomalAbhi]

Can you please give an example?

[CR001]

Job centre letters, HMRC Letters, Tenancy agreement, utility bills, council tax, NHS letters, etc.

[Casa]

Would the following documents be valid to prove subsisting relationship:

1.Weekend train travel tickets from Sheffield to Cambridge (for 2 years)
2.Holiday travel tickets, hotel bookings and pictures for last 2 years
3. Marriage Certificate
4. New House Tenancy with both our names
5. New house council Tax bill
6. Bank statements with same new address

1. 2. 3 above don't prove co-habitation.

[KomalAbhi]

But that is the problem, we have been living in different cities and only lived together on the weekends.

[CR001]

You should have kept your post going to the same address. You will need to explain in detail why you are unable to provide cohabitation documents and hope it is accepted.

[KomalAbhi]

I already have a dependant visa, it is just an extension. Do I still need to prove subsisting marriage?

[CR001]

Do I still need to prove subsisting marriage?

Yes

[KomalAbhi]

I can definitely prove the subsisting relationship but have not lived together except on the weekends. Is it a compulsion to prove cohabitation or just subsisting marriage?

[CR001]

PBS Dependent Policy Guidance (click)

[KomalAbhi]

I read the document you sent me and nowhere does it state that I have to show that we were living together for 2 years to prove a subsisting marriage and the section where it states to prove that we are in a subsisting marriage is when the person is a partner and not married (changing the status of the visa), and I had done that the last time I applied as back then I was moving from Tier 2 General to a dependent of Tier 2 general, but now I am just extending the visa and will be applying along with my spouse. I have attached the paragraph from page 8, which I am referring to,


Additional evidential requirement for dependants of PBS migrants whose last grant of leave was not in this capacity.
38. If you are applying as a family member of a PBS migrant and your last grant of leave was not as their dependant or you are a child born in the UK, you will need to demonstrate your relationship.
Where you are married or in a civil partnership to a PBS migrant, you must provide your marriage or civil partnership certificate to support your application
Where you are applying as the partner of a PBS migrant but are not married or in a civil partnership with them you will need to provide documents to show that you have been living in
a relationship akin to marriage/civil partnership for a period of at least two years - documents should therefore cover the whole of this period. Documents will only be accepted where they are from official sources such as utility bills or NHS registration:
Suggested Documents
Partners (including spouses and civil partners)
marriage or civil partnership certificates bank statements
Council tax/ bills
medical registration
utility bills[/b][/i][/i][/i]

[CR001]

I cannot find the old paper based Tier 2 Dependent form as it is now only an online process. But this is the Tier 1 Dependent form here (click) which asks for council tax, utilties, bank statements etc. I would presume that the online Tier 2 Dep has similar check boxes.

If you explain your circumstances, if there is an 'additional information' section in the online form, perhaps the caseworker will consider it plus submit whatever you have to prove subsisting marriage.

[geriatrix]

See also 319C(d) and 319C(e).

Explain your circumstances in detail in a covering letter, include whatever you can to prove subsiting relationship including part-time cohabitation over weekends, time spent on holidays, etc., and request for discretion in light of the fact that your spouse is now joining employment in the same city as you and will live together from then on.