# Applying for ILR after 6th April 2015



## abhiemb (May 4, 2015)

Hi All,

Greetings

Need your expert guidance, I will be applying for ILR (myself and spouse) in this month in UK. Could you please let me know where can I find the checklist for all the documents required for myself and spouse. 

There are new rules after 6th April 2015, and we will have to submit more documents in relation to previous rules!

Apologies if this topic has already been discussed, please let me know the link of the forum where I can find all the documents required for ILR in UK.

Thanks in advance.

Best Regards
Giri


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## Water Dragon (Jun 28, 2011)

abhiemb said:


> Hi All,
> 
> Greetings
> 
> ...


The only big change that impacts settlement visas, is the requirement to pay the NHS supplement. For initial applicants, it is 600GBP. For FLR, it is 500GBP. Since ILR is the final, residential stage of the visa, there is no additional NHS fee.

The documentation requirement is basically the same as FLR - proof of living together, meeting financial requirement, etc.


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## abhiemb (May 4, 2015)

*Cohabitation Proof*

Hi,

Million thanks for your reply, for cohabitation proof do I need to prove that she was here with me for atleast 2 years ?

My situation is a bit different:
She arrived here in January 11-January-2011 and same day I informed Council that two people will be staying at my place. So they sent me updated Council Tax bill but they didn't update the bill with her name, I had to request for the update and I got updated bill with her name from next year i.e. for 2011/2012. She stayed with me for about two and half year and left to India for medical reasons. I have below documents for the cohabitation:
1) Council tax bill unitl today, I am paying for two people for the last 4 years.
2) Her bank account in Barclays but she opened this accoutn after 3 months.
3) Her NI number.

So basically I can't prove exact dates of her arrrival and departure apart from Passport! 

And

We both have studied from same university but she has different course from that university and I have done B.E. I have already proven English language in my previous Tier 1 Extention so I will not have to prove it again, but for my wife she has just Degree certificate, should I get it UK NARIC done for her Degree to be on safer side ?

Best Regards
Giri


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## Water Dragon (Jun 28, 2011)

abhiemb said:


> Hi,
> 
> Million thanks for your reply, for cohabitation proof do I need to prove that she was here with me for atleast 2 years ?
> 
> ...


I don't have a lot of experience with this, so you may want to wait for other input, but if your wife has been living in India and you've been living in the UK, I don't think she qualifies for FLR(M). If she's been out of the UK too long, I think she has to start over again and reapply. There might be some flexibility regarding medical care, but again, I don't know about that.

Usually, the applicant and spouse have to prove they have been living together as a couple, using a particular number of pieces of official mail, council tax bills, etc. Just paying for more than one person doesn't mean she's been living with you. If she entered the UK on her initial spouse visa, it would have been activated at the border and would be in the immigration records. Were you here on student visas and then got married? I think clearer details would help others answer your questions better.


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## abhiemb (May 4, 2015)

Thanks Water Dragon,
I think I didn't explain clearly earlier, below are the details.

- We were already married for 2 years when I applied for Tier 1 General.
- I entered UK on Tier 1 General Visa on 1-Jan-2011.
- She entered UK on Tier 1 Dependent on 11-Jan-2011.
- She stayed with me for 2 years 6 months.
- She left UK on 20-May-2013

So I don't have any additional exact proof of her arrival and departure, but this can be seen in passport.
But I do have NI number, Bank statement showing same address and Council Tax which started when she arrived in UK but it doesn't have exact date only the year they have mentioned.
My wife will be in UK so that we both can apply for ILR together, I am filling up SET(M) form for her.

Are these proof enough for Cohabitation ?

Best Regards
Giri


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## WestCoastCanadianGirl (Mar 17, 2012)

You'll need to fill out SET(O) instead of SET(M).


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## nyclon (Apr 3, 2011)

If you entered the UK on 1 January 2011 you won't be eligible for ILR until 28 days before 1 January 2016 on 4 December 2015. If she's been out of the UK for a significant period of time she may not be eligible.


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## abhiemb (May 4, 2015)

Thanks Nyclon and WestCoastCanadianGirl.

Below are the correction I have made to my earlier post, apologies for incorrect information.

- We were already married for 2 years when I applied for Tier 1 General.
- I entered UK on Tier 1 General Visa on 1-Jan-2010.
- She entered UK on Tier 1 Dependent on 11-Jan-2011.
- She stayed with me for 2 years 6 months.
- She left UK on 20-May-2013

So I don't have any additional exact proof of her arrival and departure, but this can be seen in passport.
But I do have NI number, Bank statement showing same address and Council Tax which started when she arrived in UK but it doesn't have exact date only the year they have mentioned.
My wife will be in UK so that we both can apply for ILR together, I am filling up SET(O) for myself and SET(M) form for my spouse.

Are these proof enough for Cohabitation ?

Best Regards
Giri


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## WestCoastCanadianGirl (Mar 17, 2012)

Your wife's details are to be included on SET(O)... see page 11.

Also, read the guidance for SET(O) for details on what the Home Office will and will not accept as documentation.


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## nyclon (Apr 3, 2011)

Your wife is not eligible until she has been in the UK for 5 years and if she's been out of the UK for the past 2 years or more she's unlikely to be eligible.


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## Joppa (Sep 7, 2009)

nyclon said:


> Your wife is not eligible until she has been in the UK for 5 years and if she's been out of the UK for the past 2 years or more she's unlikely to be eligible.


Beware that different rules may apply for PBS dependants. Often they don't need full 5 years if their partner has completed 5 years under their visa. For dependant it can be as short as 2 years. Read carefully PBS dependant guidance about settlement.


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## nyclon (Apr 3, 2011)

Joppa said:


> Beware that different rules may apply for PBS dependants. Often they don't need full 5 years if their partner has completed 5 years under their visa. For dependant it can be as short as 2 years. Read carefully PBS dependant guidance about settlement.


That maybe true but additionally, the dependent hasn't lived in the UK with the spouse for the last 2 years.


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## Joppa (Sep 7, 2009)

nyclon said:


> That maybe true but additionally, the dependent hasn't lived in the UK with the spouse for the last 2 years.


Just stating some principles as everyone kept mentioning 5 years.


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## nyclon (Apr 3, 2011)

I stand corrected. If she was granted leave to enter before 9 July 2012 she would have been eligible after 2 years and had you been living together could have applied when you do. However, since she hasn't been living with you for the past 2 years, she is not eligible.



> Partners: paragraph 319E of the Immigration Rules
> 
> To be granted indefinite leave to remain as the partner of a PBS migrant, the applicant must:
> 	be the spouse, civil partner, unmarried or same sex partner of a person who is being, or has been, granted indefinite leave as a PBS migrant
> ...


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## abhiemb (May 4, 2015)

Thanks for such a valuable inputs, I guess for this she should have lived with me minimum of any 2 years out of 5 years ?
Thanks
Giri


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