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 Thomas Your Own Question
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

My wife and I have been married for over four years and living

This answer was rated:

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.
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.

Customer: replied 5 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

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

Customer: replied 5 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 5 years ago.
I just need to know how I can resolve this situation, UKBA has obviously issued the wrong visa
I'm drafting your answer. Please be patient.



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.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Thomas and other UK Immigration Law Specialists are ready to help you