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Evidence of partner co-habitat for ILR dependency

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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vicksformula
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Joined: Sat Jul 07, 2012 1:20 am

Evidence of partner co-habitat for ILR dependency

Post by vicksformula » Sun Jul 08, 2012 8:56 pm

Hi, my partner got Tier 1 general dependency in July 2010 and she entered the UK in August 2010. She had to go back to India in 2 weeks time. She then came back into the country in December 2010.

I am eligible for ILR in Nov 2012. I believe my partner will also be eligible for ILR dependency as technically she entered the country in August 2010 and hence will be completing 2 years as well.

So, Question 1: Can she apply for ILR with me even though she has been outside the country for 4 consecutive months?
Question2: I do not have any evidence of co-habitat from Aug-Dec2010 because she was rejected bank account due to no credit history. From January 2011 until now multiple evidence is available. Is that OK or I should be having evidence from August 2010 for each and every month?

Please Help.

Thanks.

zahid.ali.anwar
Member of Standing
Posts: 471
Joined: Mon Jan 19, 2009 7:04 am

Re: Evidence of partner co-habitat for ILR dependency

Post by zahid.ali.anwar » Mon Jul 09, 2012 9:31 am

vicksformula wrote:Question 1: Can she apply for ILR with me even though she has been outside the country for 4 consecutive months?
Yes she can apply with you. She have to prove that she had been in this country for the past two years. Now, if you have visa, you can delay your ILR and can apply togather. By the way, you and your wife can apply before 28 days of your visa expiry so work out the 28 days for both of you.
vicksformula wrote:Question2: I do not have any evidence of co-habitat from Aug-Dec2010 because she was rejected bank account due to no credit history. From January 2011 until now multiple evidence is available. Is that OK or I should be having evidence from August 2010 for each and every month?
What about NHS record, Driving Licence or any other form of letter on her name. I am sure if you dig deeper you will find some form of letter in her name to prove your cohibitation.
The question is... to be or not to be....

vicksformula
Newly Registered
Posts: 2
Joined: Sat Jul 07, 2012 1:20 am

Re: Evidence of partner co-habitat for ILR dependency

Post by vicksformula » Mon Jul 09, 2012 12:48 pm

zahid.ali.anwar wrote:
vicksformula wrote:Question 1: Can she apply for ILR with me even though she has been outside the country for 4 consecutive months?


Yes she can apply with you. She have to prove that she had been in this country for the past two years. Now, if you have visa, you can delay your ILR and can apply togather. By the way, you and your wife can apply before 28 days of your visa expiry so work out the 28 days for both of you.
Thanks for the response. We have Tier 1 visa until 2014 so ideally if I have evidence of her from January 2011 then I should wait until January 2013 before I apply.
vicksformula wrote:Question2: I do not have any evidence of co-habitat from Aug-Dec2010 because she was rejected bank account due to no credit history. From January 2011 until now multiple evidence is available. Is that OK or I should be having evidence from August 2010 for each and every month?


What about NHS record, Driving Licence or any other form of letter on her name. I am sure if you dig deeper you will find some form of letter in her name to prove your cohibitation.
I have evidence of her applying for electoral registration from the council dated August 2010. Is 1 evidence of August 2010 and rest from January 2011 alright? Will they not be asking for a monthly evidence?

zahid.ali.anwar
Member of Standing
Posts: 471
Joined: Mon Jan 19, 2009 7:04 am

Re: Evidence of partner co-habitat for ILR dependency

Post by zahid.ali.anwar » Mon Jul 09, 2012 1:00 pm

vicksformula wrote:Will they not be asking for a monthly evidence?
No, They generally ask for three to four month documents covering two years. You can take that. and tell CW about the situation. Can you find any catelogue, any accountant, dentist or any sort of letter of that time.
The question is... to be or not to be....

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