Cohabitation2 year(1yr unmarried partners,2nd year married

[ss15309]

Dear Members,

I have a query about Cohabitation 2 year rule.

My husband has completed his 5 years of legal stay in the UK(work permit+Tier 1 general) and he is applying for his ILR end of this month. I am currently Tier 1 dependent(runs out in 2013) since Dec 2010. I have been in this country since 2004 (student, then Tier 1 General and then Tier 1 Dependent)

PS- We have been living together and are in a relationship since 2008.

My question is -

Can I apply for my ILR along with my husband since we have living together (1 year as unmarried partners and another year as married couple) even though I was not his dependent for the entire 2 years (1 st year, I was Tier 1 G myself and in the second year I was tier 1 G dependent)?

I have the proof of us living together (at the same address)as unmarried partners like-

Joint bank account statement
gas bills
P60 s
phone bills
Employer letter etc
council tax etc


Please advise. My husband is applying next week !!

Your help will be much appreciated!!


Thanks in advance.

[vinny]

Yes.

[ss15309]

Hi,


Thanks for the reply.

I have just contacted the Home office and the advisor mentioned that I cant apply at the same time as my huband as I have not been a dependent on him for the entire 2 years.

I did explain to her that we have lived together for the entire 2 years and I have proofs but she said my application will be rejected as I have not been his dependent for the entire time.


Can anyone please reflect some light on it? I very confusing!!


Thanks again guys!

[vinny]

The advisor is wrong. Do click on the link already provided above.

[ss15309]

Hi,


Thanks again for your reply.

I read the home office guidelines and it appears that you dont have to be dependent for the entire 2 years.
I am not sure why home office gives misleading information !!!

Can I also ask the learned members how many cohabitation proofs do i need to submit in my application ? Is it 6 documents across the length of a year (either in joint names or sole name)??? SO, 12 letters for 2 years?

PS- we have lived on 2 different addresses across the 2 years.
I have the following for the 2 years -

Joint bank account statement for the entire 2 years

Gas bills ( in my name only for 2 years)

Council tax (in huband's name - year 1 and in my name year 2)

Phone bills (seperate names )

P60s

DVLA letters etc.


Please clarify if the above suffice?

Thanks and best regards,

S

[hsmp_victory]

I am not trying to hijack the thread but one of my friend has a similar issue. He is applying for SET(O) on 21st of January 2012. But his wife (whose visa is also expiring at the same time as his) has only been in UK living with him for 1 year and 7 months (although they have been married for 2 years and 2 months in total). They also have a child born in UK. Can he include his wife's name in his SET(O) application with his child or no?
The SET(O) form states:

"If you have a spouse or civil partner listed in section 2 of this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse."

Now these words of upto a maximum of 2 years are very misleading (atleast to me). Does it mean it can be a little less than two aswell otherwise they would have said atleast or minimum of 2 years.

Would be greatful for a quick reply from experts.