Getting the right form

jakombi · Post by **jakombi** » Wed Feb 08, 2012 4:22 pm

Hi there,

I'm applying for an extension of leave to remain as a dependant of my girlfriend, a tier 1 general visa holder.

I was just about to submit my application, with all evidence, using this form: http://www.ukba.homeoffice.gov.uk/sitec ... ation1.pdf,

when I found the following form: http://www.ukba.homeoffice.gov.uk/sitec ... 020091.pdf.

I've no idea which is the correct one to use, can anyone advise?

As we are unmarried partners, I have also agin collated 24 months evidence of cohabitation, but am unclear as to whether this is overkill. Certainly the guidance for the first form does not list this evidence as a requirement.

Any help greatlfully received, am at wits end!

Jacob

QuickSam · Post by **QuickSam** » Wed Feb 08, 2012 4:27 pm

It appears that both the links are incorrect.

The correct link is: http://www.ukba.homeoffice.gov.uk/sitec ... ation1.pdf

The form should be dated 07/2011 on the top right corner of the first page.

QuickSam · Post by **QuickSam** » Wed Feb 08, 2012 4:31 pm

Okay..I think you have pasted commas and periods after links hence they appear to be incorrect.

The form that you have filled is correct. The one you have found is for the dependant of a person who is Settled in UK (meaning that this person does not need any visa to be in UK or in other words, has indefinite leave to remain)

The form for Tier 1 dependant is the one that you've filled.

jakombi · Post by **jakombi** » Wed Feb 08, 2012 4:41 pm

QuickSam wrote:Okay..I think you have pasted commas and periods after links hence they appear to be incorrect.

The form that you have filled is correct. The one you have found is for the dependant of a person who is Settled in UK (meaning that this person does not need any visa to be in UK or in other words, has indefinite leave to remain)

The form for Tier 1 dependant is the one that you've filled.

Thanks Sam, that’s a massive help.

I have also, as mentioned collated a big folder of evidence to show cohabitation for the last 24 months. Guidance for this form doesn’t specify a need for this evidence to be provided, but I would have thought they’d want evidence of a continuing relationship for unmarried partners?

Am I going overboard with all this evidence (don’t want to annoy the assessor), or is it necessary in others experience?

Many thanks,

J

Post by **Greenie** » Wed Feb 08, 2012 4:42 pm

As QuickSam says - PBS dependent is the correct form, FLR(M) is the incorrect form.

What is your current immigration status in the UK?

jakombi · Post by **jakombi** » Wed Feb 08, 2012 4:50 pm

Greenie wrote:As QuickSam says - PBS dependent is the correct form, FLR(M) is the incorrect form.

What is your current immigration status in the UK?

I am a tier 1 dependant...am purely applying for an extension of status quo.

jakombi · Post by **jakombi** » Wed Feb 08, 2012 5:32 pm

Does nyone have further knowledge regarding the evidence requirements at this stage?

Thanks for your help!

jakombi · Post by **jakombi** » Wed Feb 08, 2012 10:08 pm

Bump, is anyone able to advise? Been in the same situation?

Post by **Greenie** » Wed Feb 08, 2012 11:01 pm

jakombi wrote:Bump, is anyone able to advise? Been in the same situation?

the evidence required is set out in the PBS dependent policy guidance.

jakombi · Post by **jakombi** » Thu Feb 09, 2012 8:30 am

Greenie wrote:
jakombi wrote:Bump, is anyone able to advise? Been in the same situation?
the evidence required is set out in the PBS dependent policy guidance.

Thanks, I have read the guidance as discussed in the OP.

However, it had been my understanding that unmarried partners needed to show evidence of a continuing relationship, even for an extension. I have pulled all the necessary evidence together for that, but would love a heads up on whether that is necessary, in the experience of someone who has been in the same position.

Cheers for any help.

jakombi · Post by **jakombi** » Thu Feb 09, 2012 6:03 pm

For the benefit of others who may have the same issue...called the helpline today. Despite the fact that the guidance doesn't explicitly require it, the woman advised that I should include the supporting evidence of a continuing relationship for a renewal of unmarried partner visa.

I have now submitted my application. Fingers crossed.

kiru4u · Post by **kiru4u** » Tue Feb 14, 2012 9:06 pm

Hi,
I am in the same situation my wife came from India in October 2010 but I have not got any kind of address proof in her name.

The problem is I had planned to apply for Tier 1 but yesterday came to know that if I am short of continuous period less than 3 months I could apply for ILR. All my documents would remain the same but the problem is with my wife's cohabitation documents.

I have got utility bill which is from September 2011.I have asked my estate agent to give me a tenancy agreement from October including my wife's name. Hope he gives me the agreement letter.

In the worst case if I dont get any of the documents for cohabitation and I do just have Marriage certificate and My wife's passport with my name in the spouse section. What should I do? Should I still apply for tier 1 or should I go ahead and apply for ILR....

Please any suggestion how I should handle my case.

Thanks,
Regards,
Kiran

Post by **Greenie** » Tue Feb 14, 2012 10:25 pm

are you aware that your wife cannot apply for ILR at the same time as you - because she hasn't been in the UK with you as your spouse for 2 years (unless of course you lived together in the UK prior to her applying for her visa in Oct 2010)?

kiru4u · Post by **kiru4u** » Wed Feb 15, 2012 7:02 am

Thanks for the reply greenie, no I was not aware of that.

No we have lived together prior to her arrival in UK. So under these circumstance what visa should i apply, should I take her along with me to Croydon for the visa process or should I apply her visa separately.

Please can you let me know as soon as possible.

Post by **Greenie** » Wed Feb 15, 2012 7:26 am

kiru4u wrote:Thanks for the reply greenie, no I was not aware of that.

No we have lived together prior to her arrival in UK. So under these circumstance what visa should i apply, should I take her along with me to Croydon for the visa process or should I apply her visa separately.

Please can you let me know as soon as possible.

Please give relevant dates- how long have you lived together as husband and wife in the UK? What was your wife's immigration status prior to getting the PBS dependent visa?

kiru4u · Post by **kiru4u** » Wed Feb 15, 2012 8:37 am

Hi Greenie,
My wife came to UK in October 2010. We got married in June 2010.

Then applied for her visa and she got it in August and came to UK in October 2010.

kiru4u · Post by **kiru4u** » Thu Feb 16, 2012 4:33 pm

I have got the tenancy agreement as well as the letter from the council (as we had filled the census) stating that my wife was residing in the address from October.

So please can some one suggest if the case worker accepts my wife's case for ILR dependant would this be sufficient for the cohabitation proof.

As I search for different forms there are no other forms for just dependant alone.

Post by **Greenie** » Thu Feb 16, 2012 7:17 pm

If your wife has not lived with you in the UK as husband and wife for two years she won't qualify for ILR now as she doesn't meet the requirements of 319E(d). If you apply for an are granted ILR, you wife should apply for further leave to remain on form FLR(M) and then apply for ILR on form SET(M) once she has been here with you for two years.

If you are applying by post and her leave will expire before you get a decision on your application for ILR, then she should submit an FLR(M) application with your settlement application.

Alternatively apply for further leave together under tier 1/PBS dependent and then settlement together once you both qualify in Oct 2012.

See FLR or ILR for dependent

kiru4u · Post by **kiru4u** » Thu Feb 16, 2012 7:53 pm

Thanks for the reply Greenie.

I have booked an appointment on 27th, so I get a decision on 27th I can apply for her as her visa would expire on 9th March. So that should be fine right?

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Getting the right form

Getting the right form