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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi My wife recently received her UK national Dependent visa

Resolved Question:

Hi

My wife recently received her UK national Dependent visa three months ago, allowing her to stay in the UK with me for two years and then to obtain ILR. I understand that at the time of applying for ILR, the home office requires proof that the husband and wife have been living together for the length of stay in UK.

I have also been told that this proof is generally required in the form of four to six documents giving proof of residence. i.e. utility bills, council tax bills, over the period of time.

Now with this in mind, I am about to start living in a managed apartment where I pay one monthly payment which covers rent, utility bills, countil tax etc. All utilities and taxes are all covered as part of this occupancy agreement with one monthly payment. Please note that these being managed apartments, its not called a tenancy contract. The occupancy agreement however does state my name along with the name of my wife and also states that the monthly payments will cover for the usage of all utilities and taxes along with the stay in the apartment. The result of this is that I will not have to pay for any bills or taxes and hence my wife will have no bills to show in our name as a proof if required. It’s like living in a hotel permanently.

My questions are as follows:

1) Will it be sufficient evidence for UK immigration authorities to grant ILR if I show only the occupancy agreement with our names on it for the duration of 1 or two years? Bearing in mind that the management company will not provide us with any bills but may perhaps provide us with reference letters stating our length of stay (which is also stated in the occupancy agreement)

2) What could be the adverse side effects of living in such property generally?

Thanks in advance
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Are you a UK citizen?

Are you saying that your wife obtained her visa in December?

Tom
Customer: replied 1 year ago.


Yes I am a UK Citizen. My wife obtained her visa in November but she applied in June so she got a 2 years and 3 months visa only. I guess thsi is because she can go for ILR after she spends 2 years in the UK.

Expert:  Thomas replied 1 year ago.
Hi

Just to be clear, she applied before 9th July 2012 when the new rules came in.

She was actually issued her visa in November.

Correct?

Tom
Customer: replied 1 year ago.


Yes indeed. she applied before 9 July 2012 i.e. before the new rules came in and got her visa in November.


 


She is therefore given a 2 years and 3 months visa by the UK embassy.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I think that the best thing to do would be to write to the managing company and simply get them to confirm the management arrangement that they have, confirming simply that no occupant’s names are XXXXX XXXXX on council tax records or utility bills. You can then submit this when you come to apply for ILR to advise them of why they should not be suspicious of the omissions of these documents.

Make sure that your wife updates all other records that third parties have for her, her bank accounts, savings accounts, employers, HMRC, doctors etc and retain documentary evidence of them having your wife listed as being at the property.

In addition to these things you should retain correspondence between you both (eg. Texts, emails etc) as evidence that you have been in a typical “married” reltationship throughout the residential period and then execute statutory declarations when the time comes confirming where you have lived, the chronology of her time in the UK, referring as needed to the correspondence and then annexing them to the statutory declarations and submit these with the application.

These records and statements, together with the occupancy agreement will be sufficient for the UKBA to be satisfied of the relationship criteria element of your wife’s application for ILR.


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


Thanks Tom.


 


I'll aks the managing agency to do write a letter to me stating that no occupant’s names are XXXXX XXXXX on council tax records or utility bills as per their company poicy.


 


Do you think I can get into trouble with council on not reghistering as a council tax payer on this property or from other authorities ?

Expert:  Thomas replied 1 year ago.
Hi,

I doubt you could get in trouble, but write to them anyway asking for confirmation that the arrangement is okay.Tom
Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
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