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Cohabitation Evidence: Overseas Residence Address

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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venhat
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Location: South West England

Cohabitation Evidence: Overseas Residence Address

Post by venhat » Wed Jan 23, 2013 10:43 pm

Hi,

Haven’t found a post that covers this topic, so the new post. Have a PEO appointment first week of Feb 2013.

If you cannot answer all 5 questions, then please answer at least Q1 and Q2 as they are critical to my application. If docs in Q1 and Q2 (to an extend) cannot be used then I'm in deep trouble :(

Can I use these documents for cohabitation evidence:

Q1.
Joint bank statement addressed to an Overseas Residence Address, we received these letters during job assignment overseas. Does it have to be a UK based address? I haven’t see this specified anywhere, want to check if anybody had a similar experience.

Q2.
Joint bank statements addressed to the company we work for (we work together), can we use office address for the purpose of co-habitation. I know cohabitation means living together not working together, but wanted to check others had any success; we had used office address as we were traveling and risked losing statements.

Q3.
Letters that do not have my wife’s name printed in full, but with only her initial and HER last name; do names need to be printed in full.

Q4.
Letters that don’t have my wife’s name printed in full, but with Mrs. MyLastName. No part of her name is printed.

Q5.
Letters that have a typo in my wife’s name. One character is incorrectly specified.

Please let me know your experience. Have documents of the types mentioned above actually been accepted?

Thanks,
V

shahid2000
Member of Standing
Posts: 293
Joined: Tue Sep 11, 2012 2:20 pm

Re: Cohabitation Evidence: Overseas Residence Address

Post by shahid2000 » Thu Jan 24, 2013 11:51 am

venhat wrote:Hi,

Haven’t found a post that covers this topic, so the new post. Have a PEO appointment first week of Feb 2013.

If you cannot answer all 5 questions, then please answer at least Q1 and Q2 as they are critical to my application. If docs in Q1 and Q2 (to an extend) cannot be used then I'm in deep trouble :(

Can I use these documents for cohabitation evidence:

Q1.
Joint bank statement addressed to an Overseas Residence Address, we received these letters during job assignment overseas. Does it have to be a UK based address? I haven’t see this specified anywhere, want to check if anybody had a similar experience.

Q2.
Joint bank statements addressed to the company we work for (we work together), can we use office address for the purpose of co-habitation. I know cohabitation means living together not working together, but wanted to check others had any success; we had used office address as we were traveling and risked losing statements.

Q3.
Letters that do not have my wife’s name printed in full, but with only her initial and HER last name; do names need to be printed in full.

Q4.
Letters that don’t have my wife’s name printed in full, but with Mrs. MyLastName. No part of her name is printed.

Q5.
Letters that have a typo in my wife’s name. One character is incorrectly specified.

Please let me know your experience. Have documents of the types mentioned above actually been accepted?

Thanks,
V
Hi, here are the answers based on my understanding (... i am not an expert)

1. I think it has to be a UK address because applying for ILR means you were living the UK for the last so many years.
2. I am pretty sure these will not be accepted. The point is to prove that you have been living together.
3. Initials and last names should be OK.
4. I dont think these will be accepted.
5. Mention this in your cover letter, these might be considered.

I will say again that this is just based on my understanding and i am not an expert .... all the best mate.

venhat
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Posts: 5
Joined: Wed Jan 23, 2013 9:56 pm
Location: South West England

Thanks shahid2000 for sharing your views.

Post by venhat » Thu Jan 24, 2013 12:52 pm

On Q1: The requirement is cohabitation for 2 years (continuous) and not specifically ‘cohabitation is the UK’, still trying to find anything that says UK in particular. UKBA accepts work-related absences from the UK. In such situations where the couple were together, letters addressed to the overseas address is the only form of evidence one can produce. We cannot use any UK addressed letter for these periods, because we were clearly outside UK.

Anyway this is my view, I’m not an expert, and I could be wrong.

venhat
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Posts: 5
Joined: Wed Jan 23, 2013 9:56 pm
Location: South West England

Immigration Rules says living in the UK is a must

Post by venhat » Thu Jan 24, 2013 1:12 pm

Extract from SET(0), version 12/2012, page 44:

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.

There is nothing on the SET(O), see above, that seems to suggest that the letter should be addressed to the UK address. However the Extract from Immigration Rules, see below, that says that they must haven been living in the UK, 319E. Requirements for indefinite leave to remain.

319E(d)(i):

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years.

shahid2000
Member of Standing
Posts: 293
Joined: Tue Sep 11, 2012 2:20 pm

Post by shahid2000 » Thu Jan 24, 2013 1:23 pm

Sorry to disappoint you mate, i was only trying to help. I did remember reading it somewhere about UK address in the back of my head.
However i also remember reading somewhere (check set M cohibition section - not sure) that if for some reason you cannot provide the cohibition letters then explain the reason in a cover letter. This was on some official form or guide, i dont remember exactly what it was.

I dont mean to be nosy but i dont understand why your letters were going to an overseas address if you were mainly living in the UK and only travelling outside. I understand absences are allowed but there is a limit on these absences.

venhat
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Posts: 5
Joined: Wed Jan 23, 2013 9:56 pm
Location: South West England

Query applicants with large work-related absences

Post by venhat » Thu Jan 24, 2013 6:01 pm

Thanks shahid2000

May I request members who have applied with large work-related absences from the UK (i.e. in excess of 180 days) to share their experience regarding cohabitation evidence.

Have you used letters that were address to overseas addresses as evidence for cohabitation?

venhat
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Posts: 5
Joined: Wed Jan 23, 2013 9:56 pm
Location: South West England

Cohabitation evidence should be addressed to a UK address

Post by venhat » Thu Jan 31, 2013 12:47 am

I can now confirm that documents addressed to the UK address need to be used for this purpose.

Ref Immigration Rule 319E(d): "The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage..."

Fortunately I've manged to source other documents :)

Thanks all.

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