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Howard
Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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I am going to apply for ILR as a spouse of Tier 1. I am asked

Resolved Question:

I am going to apply for ILR as a spouse of Tier 1. I am asked by lawyers to provide documents confirming our cohabitation for last two years. However we were granted leave 9 months ago, and page 48 of Application form, says that

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.

And the second question. What documents will suit?

Thank you
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Howard replied 3 years ago.
If you have not been in the UK living with your Spouse for at least 2 years then you cannot apply for ILR at the same time as your Spouse.

The 'maximum of 2 years' mentioned in guidance simply means that you do not need to provide evidence for a period greater than 2 years BUT you MUST have been here at least 2 years or you do not qualify for ILR as your Spouse's dependant.

You will need to apply for an extension as a PBS Dependant once your Spouse has ILR and then keep extending until you have been in the UK for 5 years, when you will be able to apply for ILR.

This is something that I deal with on a very regular basis and these are the rules and guidance that you must follow. Your lawyers should know this.
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