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Tier 2 Dependent away for more than 180 days

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rkst
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Tier 2 Dependent away for more than 180 days

Post by rkst » Wed Apr 10, 2019 11:11 am

Hi,

Firstly my apologies if this is the wrong forum, please guide me to the correct place if this information already exists.

I recently got my ILR from Tier 2 General route. I am now planning to apply for my wife and have a few questions which i need clarification on.

My wife and I arrived in the UK in April 2014. She 1st April 2015 and stayed in India and was back on 14th November 2015. After coming back she's been in the UK and not out of UK for more than 180 days. There were a couple of visits back to India for 90 days and other one for 45 days. When she left the UK she had a valid visa and she returned back on the same visa which was issued to her before she left for India in April 2015. After we got a couple of extensions and now she has a visa valid till March 2020, which was issued in August 2017.

I need guidance on following:

1) Does the 180 day out of uk rule applies to dependents?
2) If not, can I apply for her ILR through the same route i.e. set (o)
3) In case I can apply what documentation can I provide for our marriage (have a marriage certificate) or while she was away.

Many thanks in advance!

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CR001
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Re: Tier 2 Dependent away for more than 180 days

Post by CR001 » Wed Apr 10, 2019 12:39 pm

1. No, not if her absence was on a visa issued before 11th January 2018.

2. Set(O) yes.

3. Follow the what the online form asks for, plus last 2 years cohabitation evidence.
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rkst
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India

Re: Tier 2 Dependent away for more than 180 days

Post by rkst » Wed Apr 10, 2019 1:11 pm

Many Thanks CR001, as always you are fabulous. :) :)

1) Yes, her absence was on visa issued @17-04- 2015 (valid till 24-05-2018) and my apologies the date in my previous post was wrong she left on 30th April 2015 and returned back on 14th Nov 2015.
2) Can you please direct me to any guidance for cohabitation or suggest what will be acceptable forms of documentation.

Many thanks!!

Jack&Jill
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Re: Tier 2 Dependent away for more than 180 days

Post by Jack&Jill » Wed Apr 10, 2019 1:42 pm

HI,

I too have stuck with the same problem. No where cohabitation word is mentioned while filling online application. It's not in mandatory documents and also in other documents list. Still confused where the word comes in to the pitch.

By the way Rkst, can you please share the document list you submitting. I'm also in same situation applying ILR for my wife.

Thanks

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CULLINAN
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Re: Tier 2 Dependent away for more than 180 days

Post by CULLINAN » Wed Apr 10, 2019 2:38 pm

If you read the guidance it says you should be living together for 2 years. And to prove that, you need cohabitation documents.
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mansoorali
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Re: Tier 2 Dependent away for more than 180 days

Post by mansoorali » Wed Apr 10, 2019 3:27 pm

you need to provide some proofs of common address and relationship.
like bills having the same address or shared bills, bank statements showing same address, Marriage certificate, (kids Birth certificate, In case applicable).
etc

Jack&Jill
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Re: Tier 2 Dependent away for more than 180 days

Post by Jack&Jill » Wed Apr 10, 2019 8:23 pm

mansoorali wrote:
Wed Apr 10, 2019 3:27 pm
you need to provide some proofs of common address and relationship.
like bills having the same address or shared bills, bank statements showing same address, Marriage certificate, (kids Birth certificate, In case applicable).
etc
Thanks Mansoorali.

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Re: Tier 2 Dependent away for more than 180 days

Post by Jack&Jill » Wed Apr 10, 2019 8:27 pm

tier11417 wrote:
Wed Apr 10, 2019 2:38 pm
If you read the guidance it says you should be living together for 2 years. And to prove that, you need cohabitation documents.
Thanks for your kind response Tier11417. You always reply for my message promptly. God bless you.

I have another doubt while filling online application on behalf of my partner(wife).

In the Documents section, Other Documents : Declaration signed by Partner(Main Applicant) to confirm consent for the Home Office to request verification checks. Here I'm not able to see any declaration form. Is that mean separate declaration letter I need to submit?


Many Thanks in advance.

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CULLINAN
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Re: Tier 2 Dependent away for more than 180 days

Post by CULLINAN » Wed Apr 10, 2019 8:38 pm

Jack&Jill wrote:
Wed Apr 10, 2019 8:27 pm
tier11417 wrote:
Wed Apr 10, 2019 2:38 pm
If you read the guidance it says you should be living together for 2 years. And to prove that, you need cohabitation documents.
Thanks for your kind response Tier11417. You always reply for my message promptly. God bless you.

I have another doubt while filling online application on behalf of my partner(wife).

In the Documents section, Other Documents : Declaration signed by Partner(Main Applicant) to confirm consent for the Home Office to request verification checks. Here I'm not able to see any declaration form. Is that mean separate declaration letter I need to submit?


Many Thanks in advance.
Please continue in your own thread as this is some other member’s thread.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

rkst
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Re: Tier 2 Dependent away for more than 180 days

Post by rkst » Thu Apr 11, 2019 10:07 am

Hi JacknJill,

I am still in process of filling up the application form so not at a stage where I have the list of documents yet. But if you need them i can share when i have them.

When you continue with your application the consent forms might appear at the end. They are usually three parts.

Hope that helps.

rkst
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Re: Tier 2 Dependent away for more than 180 days

Post by rkst » Thu Apr 11, 2019 10:09 am

tier11417 wrote:
Wed Apr 10, 2019 2:38 pm
If you read the guidance it says you should be living together for 2 years. And to prove that, you need cohabitation documents.
Thanks Tier 11417, Is there a link for this guidance?

rkst
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Re: Tier 2 Dependent away for more than 180 days

Post by rkst » Thu Apr 11, 2019 11:45 am

mansoorali wrote:
Wed Apr 10, 2019 3:27 pm
you need to provide some proofs of common address and relationship.
like bills having the same address or shared bills, bank statements showing same address, Marriage certificate, (kids Birth certificate, In case applicable).
etc
Thanks mansoorali, Since these are for last two years, i guess old documentation should work. (i.e. old dates will be acceptable?)
Would

1) Council tax
2) Energy
3) Letters from her employer
4) We have a marriage certificate
5) and Kids birth Certificate as well

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CULLINAN
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Re: Tier 2 Dependent away for more than 180 days

Post by CULLINAN » Thu Apr 11, 2019 2:18 pm

rkst wrote:
Thu Apr 11, 2019 10:09 am
tier11417 wrote:
Wed Apr 10, 2019 2:38 pm
If you read the guidance it says you should be living together for 2 years. And to prove that, you need cohabitation documents.
Thanks Tier 11417, Is there a link for this guidance?
https://assets.publishing.service.gov.u ... 6.0ext.pdf
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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