ILR application for spouse with 5 months absence gap

[hemantkhanduja]

I need to apply for ILR for my spouse(dependent) but she was absent from to the country for 5 months
To prove cohabitation requirement of 2 year,I do have proofs covering 2 years span but as she was not present in the country for 5 months so I have no address proof for those 5 months gap.
Also I would like to mention that I was living in shared accommodation for those 5 months.So there was no continuation of her statements for those 5 months as I left that address.

In terms of dates here is the situation
1)09 may 11 to 17 oct 12 :present in UK and so have proof of addresses for these 17 months
2)17 oct 12 to 3 march 13:absent from UK ,so no proof of address for these 5 months
3)3 march 13 to 3rd march 14:12 months present in UK with proof of address

In this situation,shall I go ahead and apply for joint ILR or I should apply for my own ILR and her extension?

[vinny]

You should also prove that the marriage was subsisting when she was absent.

[hemantkhanduja]

Can I know what kind of documents do I need to show to prove this like email conversation or something like that
Would that be sufficient
Any more details would be highly appreciated?

[Amber]

Click on the link - blue text which is underlined.

[hemantkhanduja]

That was really helpful
One more question,I got electoral certificate which has mentioned the address and name for the gap period but it has only mentioned about the whole electoral year i.e. 2012/2013 but not the months.
Would that be any good as an address proof?

[hemantkhanduja]

Regarding cohablitation requirement for ILR,does it needs to be
1)last 2 consecutive years only or
2) any 2 consecutive year out of last 5 year or
3)any 2 years(not necessarily consecutive) out of last 5 years?

[smartkhan]

It's better to take last two years' proof. My friends took last two years' and got ILR.

[hemantkhanduja]

I understand its better but my spouse have gap in last 2 years
Does any one knows about the case when any 2 consecutive years were used and got success?
Any more information would be useful like officials links to ukba site etc

[smartkhan]

I'm not sure if you need 2 continuous year's proof. Just take any of the following

1. Council Tax Bill (both names)
2. Bank Statement (your's and your wife's)
3. Utility Bill (Electricity, Gas, Telephone or Water) on your wife's name

Just take any from last 2 years. You don't need to take 24 bank statements of last 24 months or 24 bills of last 24 years.

[hemantkhanduja]

Thanks for that but in my case my wife was out of country for 5 months in last 2 years(oct 12 to march 13) so I am concerned about breaking the continuous period
I need the precise answer to my initial question.

[Amber]

For SET(O), since the last extension up to a max of 2 years, you should show, for every 4 months:

1 joint letter or a letter each from a few different sources.

[hemantkhanduja]

In our case,we have gap of 5 months in last 2 years where i have no documents
Otherwise i can produce required documents every 4 months or rest from aug 09 to oct 12
The gap is from oct 12 to march 13
So looking for some one who has got similar circumstances and had successfull application

[lynxukauq]

Theoretically if you were not present in the UK, then how do you expect to have mail for those months, so this can be neglected.

Otherwise you can submit mobile phone bills for those months, bank statements if you get monthly bills or attach anything that was addressed to you for those months for you satisfaction.

They are more relaxed with SET (O) for co-hab documents so I wouldn't worry about it.

[hemantkhanduja]

Further to this,I manage to get "Electoral Registration letter" from their centre but that is for whole year(2012-2013) it doesn't say anything about the start month and end month.
When I asked them they said that they cannot provide that.
Will that be acceptable?
Just to remind my wife(dependent) 5 months gap is between october 2012 to march 2013
Amber,
Your expert comments please.