How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Howard Your Own Question
Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
Type Your Immigration Law Question Here...
Howard is online now

I am going to apply for ILR as a spouse of Tier 1. I am asked

This answer was rated:

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
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.
Howard and other Immigration Law Specialists are ready to help you