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Cohabitation Certificate for ILR and eligibility (URGENT)

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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steefu
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Posts: 10
Joined: Thu Sep 20, 2012 8:56 am
Location: United Kingdom

Cohabitation Certificate for ILR and eligibility (URGENT)

Post by steefu » Tue Nov 13, 2012 9:37 am

I came to the Uk in Oct 2002 as a student and currently completing my 5th year as Teir-1 (HSMP Ext) and in the process of applying for my ILR. Hence I'm applying for ILR on both grounds (10 years & 5yr Tier-1 HSMP)
My wife and I have been married for just under 2 years and my wife moved into the UK as a dependant in Jan 2011.
I'm currently in the process of applying for my ILR and do not have any document showing both our names to show as supporting document as Cohabitation certificate.
Let me know if these will suffice:
1) My wife has Bank statements showing the address for say 14 months.
2) She works part time in the same company where I work (2 days a weeks) and has payslips with the address for 14 months.
3) Letter from landlord stating that my wife and I have been living together in their house ever since she came to the UK and also this letter will Notirised by a Solicitor.
4) Letter from my boss stating that my wife and I have been living together ever since she came to the UK.
I understand that for a partner to be eligible for settlement visa, they should have lived in the country for 2 years. However since my visa is due for renewal (ILR) in 18 Dec 2012 (exactly when my wife's visa is expiring), she will be a month shorter that what is actually required. I still intend adding her as a dependant in my Set(O) form and explaining this in my covering letter.
Let me know, please....

InUkOnHsmp
Senior Member
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Post by InUkOnHsmp » Tue Nov 13, 2012 11:10 am

This is from the set(O) application form:
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.
So it looks like you will need to provide documents covering the last 2 years. Now how many documents are enough is for experienced members to tell us. I have prepared bank statements, council tax bill and tenancy agreement covering the last 3 years.
Challenges make life worth it!

pied_piper
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Posts: 123
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Re: Cohabitation Certificate for ILR and eligibility (URGENT

Post by pied_piper » Tue Nov 13, 2012 11:20 am

steefu wrote:I came to the Uk in Oct 2002 as a student and currently completing my 5th year as Teir-1 (HSMP Ext) and in the process of applying for my ILR. Hence I'm applying for ILR on both grounds (10 years & 5yr Tier-1 HSMP)
My wife and I have been married for just under 2 years and my wife moved into the UK as a dependant in Jan 2011.
I'm currently in the process of applying for my ILR and do not have any document showing both our names to show as supporting document as Cohabitation certificate.
Let me know if these will suffice:
1) My wife has Bank statements showing the address for say 14 months.
2) She works part time in the same company where I work (2 days a weeks) and has payslips with the address for 14 months.
3) Letter from landlord stating that my wife and I have been living together in their house ever since she came to the UK and also this letter will Notirised by a Solicitor.
4) Letter from my boss stating that my wife and I have been living together ever since she came to the UK.
I understand that for a partner to be eligible for settlement visa, they should have lived in the country for 2 years. However since my visa is due for renewal (ILR) in 18 Dec 2012 (exactly when my wife's visa is expiring), she will be a month shorter that what is actually required. I still intend adding her as a dependant in my Set(O) form and explaining this in my covering letter.
Let me know, please....
I know people whose spouses got their ILR granted though the spouse had been in the UK for less than two years but they have only been lucky, I guess. You can also give it a try.

I am not sure what will be the risk in case your wife's ILR is not granted, may be you lose fees which you pay for her and just only your ILR is approved. In Solihull PEO they don't get the payment unless the CW considers your case so perhaps, take two sets of documents
1. covering only you
2. covering you and your wife

if your wife doesn't get ILR approved, simply submit 1 with the fee for main applicant.

This is just a wild brainstorm, other knowledgeable members can comment on this better.

as per the number of cohabitation proofs, there is no set number for Set-O applicants. However, for SET-M , one needs to provide six proofs. Some people use the same guideline for SET-O but that's the personal choice.

steefu
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Posts: 10
Joined: Thu Sep 20, 2012 8:56 am
Location: United Kingdom

Post by steefu » Tue Nov 13, 2012 11:28 am

Many thanks for your advise.
Is it possible to have the Tenancy Agreement back dated and notarised by a Solicitor? Unfortunately, for the first 7 months of her stay in the UK, there were NO documents or letters addressed to her!
My landlord is issuing a letter stating that my wife has been living with me at the same address and this letter will be Notarised by a Solicitor! I'm not sure if this will suffice!!

steefu
Newly Registered
Posts: 10
Joined: Thu Sep 20, 2012 8:56 am
Location: United Kingdom

Post by steefu » Tue Nov 13, 2012 12:35 pm

I have spoken to Home Office and they have suggested that I apply for ILR and my wife who has been a dependant but under 2 years, as a PBS Dependant!

geriatrix
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United Kingdom

Post by geriatrix » Thu Nov 15, 2012 1:45 am

steefu wrote:Hello,

I have just booked my PEO appointment at Galsgow for the 26th of Nov and am in the process of applying for my ILR (Currently on my Tier-1 HSMP). My visa wife's visa is due for renewal at the very same time as mine. However my wife isn't eligible for the ILR as she has NOT completed her 2 years of stay in the UK (Only short by a month) and hence she will be applying for Tier-1 PBS Dependant. I understand that she cannot file in her applications until I have had my clearance. I'm looking for a PEO appointment soon after mine, but how many days should I allow between mine and her's??
I'd much appreciate it if someone could kindly advise, as I'm actively looking for appointments.
Many thanks in advance.....
Life isn't fair, but you can be!

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