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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, My partner is on a spouse visa which is due to expire

Customer Question

Hi,

My partner is on a spouse visa which is due to expire in 1st week of november 2014. Where she is now progressing with the settlement application. She entered the UK in August 2012.

Question is about the 2 years worth of correspondence letters or documents. Over the 2 year period there are some cases where for a period of 6 months there hasnt been and letter / document sent on my partners name, but there are some periods where in another period of 6 months she has received 3 - 4 letters or documents in her name (for proof of address and living together).

I called Immigration contact centre and they said it needs to spread out to atleast every 3 months which retrospectively I dont have.

Also if it helps, my partner made her application for the Spouse visa in May 2012.

Questions therefore are: -
1. If she was to provide these letters and documents for the period they cover, will this be sufficient enough for the application being successful.
2. If not what can I do to compensate for this?
3. Can you please confirm if the letters and documents we have received are sufficient enough for the application (Membership rewards card letter, Driving Licence, National Insurance, NHS Letters, Mobile Phone Bill, Bank Letter or Statement)?

Thank - you
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Thank you for your question.

Your spouse is entitled to apply for settlement up to 28 days before her 2nd anniversary of the date she first arrived in the UK on her spouse visa as her visa was granted under the old rules in place before 9th July 2012.

The official guidance states as follows:

EVIDENCE OF COHABITATION

  • 6 letters and/or other documents addressed to you and your partner at the same address as evidence that you have been living together during the past 2 years.

If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you. The dates of the letters or documents should spread over the whole 2 years. They should be from at least 3 different sources.

 

Examples: letters or other documents from government departments or agencies, for example HMRC, Dept for Work and Pensions, DVLA and TV Licensing letters or other documents from your GP, a hospital or other local health service about medical treatments, appointments, home visits or other medical matters; bank statements or bank books; utility bills; etc…

 

The 3 month requirement is not there as you have been advised.

 

May I help further?
Customer: replied 2 years ago.

Hi,


 


Currently my Wife only has the following correspondence letters addressed on the same address as myself to her and no others: -


 



  • Driving License - 30.05.2013

  • Iceland Letter -10.02.2013

  • NHS Letter 24.05.2013

  • National Insurance -11.07.2013

  • National Insurance - 30.07.2013

  • Age Concern Letter - 02.12.2013

  • Monsoon Letter - 29.11.2013

  • Doctor Reference Letter - 29.07.2013



Outside of this all other correspondence letters are on my name.



Will this be sufficient enough to meet the immigration Case workers criteria for approving the application.



Expert:  UKSolicitorJA replied 2 years ago.
In my honest opinion, no, the documents are not sufficient as they only cover a period of some 9 months only in 2013 and do not evenly cover the 2 years period.

However, if these are the only documents you can get, you should still go ahead with the application and explain that these are the only documents available. If she was on the electoral roll, that would help as well as any bank/credit card statements.

She may also go to a local solicitor and make a statutory declaration explaining when she first arrived in the UK and that she has been here all this time, the address she has been living at and give details of any absences from the UK since she first arrived.

All the best, please leave feedback
Customer: replied 2 years ago.

Hi,


 


Just following your point mentioned, If I was to get a letter from the Electrol registery stating that she has been on the Electrocal register since January 2013 to Date and currently resides and the correspondence address. Will this be sufficient (As she is on the electrol system since January 2014).


 


Also if I was to get a Letter from the Doctors surgery she registered with in November 2012 stating that she is our patient that registered with our Medical Surgery since November 2012 and since has visited us for numerous check up appointments to this date and that her correspondence address we have on our records to since date of registeration to date is where she lives currently with me. Will this be sufficient (As she has been registered with the GP Surgery since November 2012, just that she was not issued a letter at the time of registration).


 


And finally not sure if it is possible but if she was to obtain an Annual Bank transactions statement and have it stamped by the Halifax branch where registered. Will this be sufficient enough for the application.


 


Thanks


 

Expert:  UKSolicitorJA replied 2 years ago.
Yes, those documents would help her application.

All the best, please leave feedback

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