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Tier 1 general ILR / cohabitance - PLEASE HELP

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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GO61
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Tier 1 general ILR / cohabitance - PLEASE HELP

Post by GO61 » Fri Apr 15, 2016 9:19 pm

Hi

I'm hoping to applly for Tier 1 General ILR end April. My husband's my dependant.
Just found out there's a need to prove cohabitance (this wasn't the case of Tier1 extensions).
Do we need to supply 6 letters each, containing letters fom 3 different sources??
We have been living together all along (5 years) but we do not have joint letters addressed to both of us at all, no joint bank accounts, and All the bills are under my name :((( Including his mobile :( He only has a bank account under his name and statements addressed to him.
Will this be a problem?? Do we need letters from 3 different sources addressed to him?
I'm really panicking please help

Thanks so much in advance

geriatrix
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Re: Tier 1 general ILR / cohabitance - PLEASE HELP

Post by geriatrix » Fri Apr 15, 2016 9:40 pm

Life isn't fair, but you can be!

GO61
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Re: Tier 1 general ILR / cohabitance - PLEASE HELP

Post by GO61 » Fri Apr 15, 2016 10:03 pm

Hi geriatrix - thanks for reply.
I read above section, that's what made me panic actually - that it says letters from 3 different sources are required. But when I check the SET(O) form, this is not required. it is not written on the guidance either.
Do you think our application will be rejected if we only put his bank account statements?? That is simply the only proof of address we have for him!
This is so weird as this was not required when we applied for both our Tier 1 extensions together...
Please advise...
Thanks

Malik44
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Re: Tier 1 general ILR / cohabitance - PLEASE HELP

Post by Malik44 » Fri Apr 15, 2016 10:47 pm

GO61 wrote:But when I check the SET(O) form, this is not required. it is not written on the guidance either.
Do you think our application will be rejected if we only put his bank account statements?? That is simply the only proof of address we have for him!
Page 75 of Set(O) Form Clearly says
''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.''
https://www.gov.uk/government/uploads/s ... _04-16.pdf

Anyways
proof of cohabitation ideally spread over the 2 years, either in joint names or in each name. One joint letter (or one letter in each name) over a 4 month period from 3 different sources spread over the 2 years is the minimum requirement.
documents can be
Bank statements
NHS letter
Utility bills
NI letter
driving license
baby birth certificate
utility bills (gas electricity phone etc)
tenancy agreement
or any letter issued from government authorities

GO61
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Posts: 44
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Re: Tier 1 general ILR / cohabitance - PLEASE HELP

Post by GO61 » Fri Apr 15, 2016 11:17 pm

Thanks so much for reply, but my question here is, is "3 different sources" necessary for set(o) too. 3 different sources is mentioned on Set(m) not set(o); do you think they're being more strict on set(m) as it is for dependant only who's applying to join ilr on someone who's already settled. Maybe they deliberately left the set(o) one more relaxed, as they are applying for ILR together?? I'm hoping this is the case...
In summary - if I only put bank statements of my husband in the file which is same address as my statements, do you think our application will be rejected? Does anyone have an example or experience like this??

Thanks

shahmir
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Re: Tier 1 general ILR / cohabitance - PLEASE HELP

Post by shahmir » Sat Apr 16, 2016 3:02 am

I think you're right. They're more strict about cohabitation in Set M as compared to Set O cases. We have recently applied for ILR on Set O and added few documents on both names. I didn't read anywhere if we need evidence from three sources.
lets get together for migrants' rights

GO61
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Re: Tier 1 general ILR / cohabitance - PLEASE HELP

Post by GO61 » Sat Apr 16, 2016 3:30 am

shahmir wrote:I think you're right. They're more strict about cohabitation in Set M as compared to Set O cases. We have recently applied for ILR on Set O and added few documents on both names. I didn't read anywhere if we need evidence from three sources.
Thank you! Fingers crossed

mohramzan
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Re: Tier 1 general ILR / cohabitance - PLEASE HELP

Post by mohramzan » Sat Apr 16, 2016 9:36 am

Hi
are you sending your BRP with the postal application or no?

GO61
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Re: Tier 1 general ILR / cohabitance - PLEASE HELP

Post by GO61 » Sat Apr 16, 2016 1:26 pm

No we'll be applying in person at the PEO.

shahmir
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Re: Tier 1 general ILR / cohabitance - PLEASE HELP

Post by shahmir » Sun Apr 17, 2016 6:13 am

You should be able to add his P60 as well which we receive in April. Also from previous two years.
lets get together for migrants' rights

vinny
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Re: Tier 1 general ILR / cohabitance - PLEASE HELP

Post by vinny » Sun Apr 17, 2016 6:27 am

Council Tax statements?

Bank accounts do not need to be joint names.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Tier 1 general ILR / cohabitance - PLEASE HELP

Post by vinny » Sun Apr 17, 2016 6:46 am

Moreover, they should be flexible.
Bhudia, R (on the application of) v Secretary of State for the Home Department (para 284(iv) and (ix)) (IJR) [2016] UKUT 25 (IAC) (2 December 2015) wrote:(ii) The purported requirement in Form FLR(M) that an application for further leave to remain in the United Kingdom as a spouse be supported by certain correspondence in specified terms is unlawful.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

GO61
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Re: Tier 1 general ILR / cohabitance - PLEASE HELP

Post by GO61 » Sun Apr 17, 2016 11:25 am

Council tax statements only has my name on it and I realised I haven't received one in a while now.
He doesn't work so no p60 either. As I said bank statements are the only documents under his name.
I'll have to only put bank statements for him. I'm hoping this should be OK as:
A) nowhere in the set(o) form says cohabitation documents need to be from multiple source. It only says it needs to be official documents and cover the whole period. So bank statements covering the whole period should be fine, hopefully.
B) as we're applying in person, I'm hoping before the caseworker decides on anything negative, he/she will ask us so we can produce photos... etc. as proof

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Casa
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Re: Tier 1 general ILR / cohabitance - PLEASE HELP

Post by Casa » Sun Apr 17, 2016 12:40 pm

Be aware that photos won't prove that your are sharing a joint address (co-habitation).
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

geriatrix
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Re: Tier 1 general ILR / cohabitance - PLEASE HELP

Post by geriatrix » Sun Apr 17, 2016 2:34 pm

Provide whatever documentary evidence(s) of cohabitation that you can. You will be fine.
Life isn't fair, but you can be!

GO61
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Re: Tier 1 general ILR / cohabitance - PLEASE HELP

Post by GO61 » Sun Apr 17, 2016 11:07 pm

geriatrix wrote:Provide whatever documentary evidence(s) of cohabitation that you can. You will be fine.
Hopefully... Thank you, that's all I can do anyway...
I'll keep you posted

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