SET LR B12: Proof of Cohabitation

[syedalitarek]

Dear Moderator,

My dependent came in the UK on 18/08/2008 as a Student Dependent. She remained my dependent over these years and her current leave (Tier 4 Doctoral Extension Scheme Dependent) expires by the end of November 2018.

I was granted ILR on 10/03/2018. The case worker contacted me to enquire what I have planned for my dependent. At that time I planned for family member visa and he said that's fine.

I did poised the question in this forum as well and was suggested she can stay on her Tier 4 dependent visa until she completes her 10 year.

We haven't received any visa curtailment letter as of 13/04/2018. She has no plans to travel overseas before her settlement application. She has been away of the UK for around 25 days in the last 9 years. My queries are:

1. If she continues to stay with her current visa, is it considered valid? (as the main applicant's visa is no longer valid upon which the dependent visa was granted). Can the case worker raise this as a major issue in a premium service application?

2. Whether there is possibility of her visa to be curtailed, in such case am I putting her legal stay in danger?

3. Considering there is only around 99 days remaining for her qualifying period, is there anything we will be worried of for her SET(LR) application?

It will be brilliant if I can get advice on these seemingly complex issue as there is very little guidance available. Thanks so much for reading these and for helping out.

[cyclina1]

Dear Moderator,

My dependent came in the UK on 18/08/2008 as a Student Dependent. She remained my dependent over these years and her current leave (Tier 4 Doctoral Extension Scheme Dependent) expires by the end of November 2018.

I was granted ILR on 10/03/2018. The case worker contacted me to enquire what I have planned for my dependent. At that time I planned for family member visa and he said that's fine.

I did poised the question in this forum as well and was suggested she can stay on her Tier 4 dependent visa until she completes her 10 year.

We haven't received any visa curtailment letter as of 13/04/2018. She has no plans to travel overseas before her settlement application. She has been away of the UK for around 25 days in the last 9 years. My queries are:

1. If she continues to stay with her current visa, is it considered valid? (as the main applicant's visa is no longer valid upon which the dependent visa was granted). Can the case worker raise this as a major issue in a premium service application?

her Tier 4 dependent visa is still valid, if she also meet 10 year long residence before her Tier 4 dependent visa expired, she can apply ILR with no problem. However, if her Tier 4 dependent expired before 10 years long residence, she has to apply family visa with settled person as you apply ILR based on long residence. When she fulfill 10 years, she can also apply ILR.


2. Whether there is possibility of her visa to be curtailed, in such case am I putting her legal stay in danger?

No. her tier 4 dependent won't be curtailed, and it is still valid until expiry date. But she cannot extend her visa in tier 4 dependent. see page 29 -

https://assets.publishing.service.gov.u ... 3.0ext.pdf

@If the PBS migrant has ILR on the basis of long residence, their partner cannot
extend their leave or gain settlement as a PBS dependant and must switch into the
partner of a settled person category and apply for limited leave. @

3. Considering there is only around 99 days remaining for her qualifying period, is there anything we will be worried of for her SET(LR) application?

if her tier 4 dependent visa is not going to expire before she qualified 10 years, no need to worry. If so, she need to extend via a family visa with settled person, until she is qualified and eligible to apply ILR.

It will be brilliant if I can get advice on these seemingly complex issue as there is very little guidance available. Thanks so much for reading these and for helping out.

[syedalitarek]

Dear Moderator,

My dependent came in the UK on 18/08/2008 as a Student Dependent. She remained my dependent over these years and her current leave (Tier 4 Doctoral Extension Scheme Dependent) expires by the end of November 2018.

I was granted ILR on 10/03/2018. The case worker contacted me to enquire what I have planned for my dependent. At that time I planned for family member visa and he said that's fine.

I did poised the question in this forum as well and was suggested she can stay on her Tier 4 dependent visa until she completes her 10 year.

We haven't received any visa curtailment letter as of 13/04/2018. She has no plans to travel overseas before her settlement application. She has been away of the UK for around 25 days in the last 9 years. My queries are:

1. If she continues to stay with her current visa, is it considered valid? (as the main applicant's visa is no longer valid upon which the dependent visa was granted). Can the case worker raise this as a major issue in a premium service application?

her Tier 4 dependent visa is still valid, if she also meet 10 year long residence before her Tier 4 dependent visa expired, she can apply ILR with no problem. However, if her Tier 4 dependent expired before 10 years long residence, she has to apply family visa with settled person as you apply ILR based on long residence. When she fulfill 10 years, she can also apply ILR.


2. Whether there is possibility of her visa to be curtailed, in such case am I putting her legal stay in danger?

No. her tier 4 dependent won't be curtailed, and it is still valid until expiry date. But she cannot extend her visa in tier 4 dependent. see page 29 -

https://assets.publishing.service.gov.u ... 3.0ext.pdf

@If the PBS migrant has ILR on the basis of long residence, their partner cannot
extend their leave or gain settlement as a PBS dependant and must switch into the
partner of a settled person category and apply for limited leave. @

3. Considering there is only around 99 days remaining for her qualifying period, is there anything we will be worried of for her SET(LR) application?

if her tier 4 dependent visa is not going to expire before she qualified 10 years, no need to worry. If so, she need to extend via a family visa with settled person, until she is qualified and eligible to apply ILR.

It will be brilliant if I can get advice on these seemingly complex issue as there is very little guidance available. Thanks so much for reading these and for helping out.

Thanks so much cyclina1 for your kind reply. I will follow your advice. Best Regards.

[syedalitarek]

Dear Moderator,

My dependent came in the UK on 18/08/2008 as a Student Dependent. She remained my dependent over these years and her current leave (Tier 4 Doctoral Extension Scheme Dependent) expires by the end of November 2018.

I was granted ILR on 10/03/2018. The case worker contacted me to enquire what I have planned for my dependent. At that time I planned for family member visa and he said that's fine.

I did poised the question in this forum as well and was suggested she can stay on her Tier 4 dependent visa until she completes her 10 year.

We haven't received any visa curtailment letter as of 13/04/2018. She has no plans to travel overseas before her settlement application. She has been away of the UK for around 25 days in the last 9 years. My queries are:

1. If she continues to stay with her current visa, is it considered valid? (as the main applicant's visa is no longer valid upon which the dependent visa was granted). Can the case worker raise this as a major issue in a premium service application?

her Tier 4 dependent visa is still valid, if she also meet 10 year long residence before her Tier 4 dependent visa expired, she can apply ILR with no problem. However, if her Tier 4 dependent expired before 10 years long residence, she has to apply family visa with settled person as you apply ILR based on long residence. When she fulfill 10 years, she can also apply ILR.


2. Whether there is possibility of her visa to be curtailed, in such case am I putting her legal stay in danger?

No. her tier 4 dependent won't be curtailed, and it is still valid until expiry date. But she cannot extend her visa in tier 4 dependent. see page 29 -

https://assets.publishing.service.gov.u ... 3.0ext.pdf

@If the PBS migrant has ILR on the basis of long residence, their partner cannot
extend their leave or gain settlement as a PBS dependant and must switch into the
partner of a settled person category and apply for limited leave. @

3. Considering there is only around 99 days remaining for her qualifying period, is there anything we will be worried of for her SET(LR) application?

if her tier 4 dependent visa is not going to expire before she qualified 10 years, no need to worry. If so, she need to extend via a family visa with settled person, until she is qualified and eligible to apply ILR.

It will be brilliant if I can get advice on these seemingly complex issue as there is very little guidance available. Thanks so much for reading these and for helping out.

Update: My Tier 4 Sponsor is withdrawing their sponsorship as I have now switched to a Settled status. This action will be taken on 30/04/2018. So if my tier 4 sponsorship is withdrawn, will this make any difference to her original plan of continuing to hold the PBS dependent visa till she is due for ILR. She is not making any overseas trip in between.

[syedalitarek]

Is there anyone who had similar issues..I just want to ensure she is safe and her legal stay is not compromised.

[cyclina1]

https://assets.publishing.service.gov.u ... 3.0ext.pdf

5 year probationary period
Dependent partners of PBS migrants must complete a 5 year probationary period
before they qualify for ILR. If the PBS migrant obtains ILR or British citizenship
before their partner has completed their 5 year probationary period, the partner can
still apply for further leave to remain as a PBS dependant rather than as the partner
of a settled person. If their application meets the requirements, leave to remain can
be granted for up to 3 years.

If the PBS migrant has ILR on the basis of long residence, their partner cannot
extend their leave or gain settlement as a PBS dependant and must switch into the
partner of a settled person category and apply for limited leave. For more information
see Appendix FM guidance.

She doesn't need to switch her VISA until her VISA expired. As your dependent is has valid Tier 4 dependent VISA until NOV 2018, no problem to apply ILR based on 10 year LR in AUG. But if your wife decide not to apply ILR, she need to swith to spouse VISA of a settled person, when her VISA expired on NOV 2018.

[cyclina1]

I assume you also settled via 10 year LR route.

[syedalitarek]

Thanks, I did apply and was granted ILR through 10 year Long Residency.

[syedalitarek]

Dear friends,

My wife is applying for ILR on the basis of 10-year long residency.

I have recently granted ILR (5 months ago).

Now on B12, for proof of cohabitation, will it suffice if she provides:

1. Joint tenancy agreement (living in the same address for 6 years)
2. Poll cards (both) x 2
3. Electoral Services Letter (both names appear in the letter as registered to vote at our address)
4. Water Bill (on my name)
5. Council tax (on my name)
6. Her Bank statement (same address)

She is also providing 2 daughters birth certificates that have both our names in there.

She is my dependent for the last 10 years and she had 6 visa extensions without any trouble in the past. I don't want to get overboard with documents but don't want to fall short of their minimum threshold.

Looking forward to your informed responses.

Thanks so much.

[syedalitarek]

Sorted friends.

[morshed]

Sorted friends.

Hi syedalitarek,

Did she applied through Premium Service? It would be good if you kindly share what documents you provided at last to get her ILR(LR).

[CR001]

Sorted friends.

Hi syedalitarek,

Did she applied through Premium Service? It would be good if you kindly share what documents you provided at last to get her ILR(LR).

The user already posted the list on 22nd July!!!!

Dear friends,

My wife is applying for ILR on the basis of 10-year long residency.

I have recently granted ILR (5 months ago).

Now on B12, for proof of cohabitation, will it suffice if she provides:

1. Joint tenancy agreement (living in the same address for 6 years)
2. Poll cards (both) x 2
3. Electoral Services Letter (both names appear in the letter as registered to vote at our address)
4. Water Bill (on my name)
5. Council tax (on my name)
6. Her Bank statement (same address)

She is also providing 2 daughters birth certificates that have both our names in there.

She is my dependent for the last 10 years and she had 6 visa extensions without any trouble in the past. I don't want to get overboard with documents but don't want to fall short of their minimum threshold.

Looking forward to your informed responses.

Thanks so much.

[morshed]

Thank you CR001.

1. Is there any minimum number of sources from which we need to provide documents?
2. Although in B12 (SET-LR), it is asked for evidence of cohabitation since start of this relationship, is there any minimum number of years for which we need to provide the documents?

Many thanks.

[CR001]

Thank you CR001.

1. Is there any minimum number of sources from which we need to provide documents?
2. Although in B12 (SET-LR), it is asked for evidence of cohabitation since start of this relationship, is there any minimum number of years for which we need to provide the documents?

Many thanks.

Kindly ask your set lr questions in your own topic instead of tagging onto another members thread.