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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6309
Experience:  BA (Hons), PgDip, Practising Solicitor
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My wife and I have been married for over four years and living

Resolved Question:

My wife and I have been married for over four years and living outside of UK. She applied with all the correct documents from Dusseldorf for Indefinite leave to enter. Even on World Bridge receipt it states 'Settlement - Spouse/cp'

All paper work was correct and present. World bridge returned a spouse visa valid for two years. It is almost impossible to contact World Bridge or UKBA and we are told we must wait 20 days for a reply by both.

I contacted the MP in the area where we propose to make our home in UK and am advised that my wife can only get indefinite leave to remain after 27 months which of course is complete rubbish since she hasn't even entered yet. How can we get the correct visa.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. Have you lived together for the whole of the 4 years that you have been married?
2. If so, what evidence did you submit proving that you have lived together for that 4 year period
3. Were reasons given for why she was not granted ILR
Kind regards.

Tom
Customer: replied 2 years ago.
1. yes 2 years in the Netherlands and 2 years in Germany.
2. My wife first came to the Netherlands on a visitors visa which was then changed to Residence. Residence permits for both Germany and Holland were provided as evidence
3. No reasons given
Expert:  Thomas replied 2 years ago.
Hi,

Did you submit tenancy agreements, land registry documentation, council tax bills, utility bills etc as supporting evidence to substantiate that you were living together?

Kind regards

Tom
Customer: replied 2 years ago.
We have lived in a number of flats in Europe, my wife can only get rsidence permits if I sponsor her
Customer: replied 2 years ago.
I just need to know how I can resolve this situation, UKBA has obviously issued the wrong visa
Expert:  Thomas replied 2 years ago.
I'm drafting your answer. Please be patient.

Tom
Expert:  Thomas replied 2 years ago.

Hi

Thanks for your reply.

I’m afraid that the UKBA are probably within their rights to grant your wife the leave to remain they have given her, rather than indefinite leave to remain.

This is because in order to receive ILR upon application you must not only have been married to your spouse for 4 years, but also to have lived together for those four years. You have to prove this to the UKBA in order for them to grant ILR.

Therefore they require that documentary evidence is submitted with the application showing the cohabitation. A residence permit is helpful in that it shows that you intended to live together during that time but it does not show that you actually lived together.

The types of documentation that would prove that you lived together would be the documents I referred to in my previous info request (tenancy agreements, land registry documentation, council tax bills, utility bills etc). If these are not enclosed then there is no certainty that, say, you had a rocky period in either of the two year periods that you lived together and one party moved out of 1, 2, 3 months.

Given the (albeit unwitting) deficiency of documentation the UKBA are probably justified in considering that the cohabitation is unproved by your supporting documents.

You may consider collating the evidence I refer to and submitting it with a letter to the UKBA asking for a reconsideration in the hope that ILR is granted, but obviously this will take time and it is a discretionary poiwer to reconsider. If you are instead willing to submit an entirely new application then they would have to consider it.

I am sorry it could not be better news but it appears on the facts that the UKBA has not erred here in my opinion I regret to say.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6309
Experience: BA (Hons), PgDip, Practising Solicitor
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