Interesting case - Proof of cohabitation

[xkcdcode]

Me and my spouse came to UK in September 2010 on Tier 4 (Gen) and Tier 4 (Dependent) visas, respectively. In March 2014, I shifted to a Tier 2 (Gen) visa, but my spouse stayed on Tier 4 (Dependent) as it was still valid till September 2015. In September 2015, my spouse shifted to Tier 2 (Dependent).

I am due to apply for ILR in March 2019 (5 years in UK), but my spouse is worried as she thinks her time in UK on a Tier 2 (Dependent) is not 5 years yet. Now, the gov.uk site says:

Your partner may qualify if all of the following apply:

- they have permission to be in the UK as your partner
- they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012
- your relationship is genuine
- you intend to continue living together
- you have enough income to support yourselves and your dependants
- you’re not using public funds

So what I understand from above is that the only time qualification required for her is to be living in the UK with me for at least 5 years (which she has been), not that those 5 years were on a single type of visa. Is that correct?

She has more faith in this forum than my logic, so please reply to this question Thanks in advance!

[zimba]

There is NO such a thing as a Tier 1 dependant, Tier 4 dependant, ...etc visa. There is only 'PBS dependant' visa.
All the time spent under any PBS dependat visa counts towards ILR, assuming the main applicant (you) is granted ILR under a PBS Tier.

[xkcdcode]

Hi All,

I am applying for ILR online, and filling in my travel history for time spent outside UK. I am having an issue on the site related to one travel item, where I went to Brussels, Belgium and came back to UK on the same day. But the site is not accepting the same day travel and return as a valid input, and gives error message "enter an end date that is after the start date".

Did anyone else have this issue? Any idea what to do here will be highly appreciated. Thanks.


https://imgur.com/a/S5l4r9R

[Casa]

Probably due to the fact that if you left and returned on the same day, you weren't considered to be absent from the UK on that date.

[xkcdcode]

Hi Casa,

Thanks for the quick reply.

I hope that's the case, but I do have immigration stamps on my passport that clearly show me leaving and entering UK through St. Pancras station. That's why I am concerned about it, as the form says to fill in any absences, 'however short'!

[CULLINAN]

Hi Casa,

Thanks for the quick reply.

I hope that's the case, but I do have immigration stamps on my passport that clearly show me leaving and entering UK through St. Pancras station. That's why I am concerned about it, as the form says to fill in any absences, 'however short'!

The day of departure and day of arrival is not counted for UK absence, so this particular absence will not be counted and you dont need to list it. Even if you returned next day it would not have counted.

[xkcdcode]

Hi Casa,

Thanks for the quick reply.

I hope that's the case, but I do have immigration stamps on my passport that clearly show me leaving and entering UK through St. Pancras station. That's why I am concerned about it, as the form says to fill in any absences, 'however short'!

The day of departure and day of arrival is not counted for UK absence, so this particular absence will not be counted and you dont need to list it. Even if you returned next day it would not have counted.

Hi Tier,

No, it is accepting one day absences in the online application form. I just tried it with 02/03/2015 and 03/03/2015 as the start and end dates and the site accepted that!

[CULLINAN]

Hi Casa,

Thanks for the quick reply.

I hope that's the case, but I do have immigration stamps on my passport that clearly show me leaving and entering UK through St. Pancras station. That's why I am concerned about it, as the form says to fill in any absences, 'however short'!

The day of departure and day of arrival is not counted for UK absence, so this particular absence will not be counted and you dont need to list it. Even if you returned next day it would not have counted.

Hi Tier,

No, it is accepting one day absences in the online application form. I just tried it with 02/03/2015 and 03/03/2015 as the start and end dates and the site accepted that!

As far as I know the departure and arrival days are not counted. Only the duration between the departure and arrival days are counted.

indefinite-leave-to-remain/absent-days- ... 20874.html

[CULLINAN]

indefinite-leave-to-remain/do-travel-da ... 80699.html

[xkcdcode]

indefinite-leave-to-remain/do-travel-da ... 80699.html

Thanks for this reference, makes sense now. I will not mention my same day outing in the application

[xkcdcode]

Hi Gurus,

I got my first Tier 2 General in April 2014, and since then I have applied for and gotten 6 more Tier 2 General visas due to job changes. The last Tier 2 was obtained in April 2017.

I am now applying for ILR with my spouse, as our five years are up. In the Set(O) online application form, it asks to provide "documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years)". The "since you were last granted leave" part is confusing me!

Does this mean since the last time Tier 2 was granted to us, that is April 2017, or does it mean since the period Tier 2 started, that is April 2014? I'll be very grateful for insightful/experienced member's feedback

Thanks in advance,

[CULLINAN]

Hi Gurus,

I got my first Tier 2 General in April 2014, and since then I have applied for and gotten 6 more Tier 2 General visas due to job changes. The last Tier 2 was obtained in April 2017.

I am now applying for ILR with my spouse, as our five years are up. In the Set(O) online application form, it asks to provide "documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years)". The "since you were last granted leave" part is confusing me!

Does this mean since the last time Tier 2 was granted to us, that is April 2017, or does it mean since the period Tier 2 started, that is April 2014? I'll be very grateful for insightful/experienced member's feedback

Thanks in advance,

Your last leave grant is Tier 2. You need 2 years of cohabitation prior to the date of application. For example if you apply in March 2019. March 2017 - March 2019.