UKBA want more evidence for my wife's IDL...help!

[chubster]

My wife is applying for indefinite leave to remain.
UKBA sent her a letter this morning requesting more evidence that we have been living together in 2011.
I have already sent every piece of mail we had in the 27 month period but there were none for the first 4 months of 2011.
We literally haven't got any thing else to send them (except maybe doctor's prescriptions) so I don't know what to do.
I don't wanna just ignore the letter.
Anyone been in this boat?
Anyone got advice?

[bornatbirth]

you must have some mail or any letters or bank statements with both of your current address on it, how can you not have any for the 4 months in 2011?.

you can submit mail in separate names as long as its at the same address but should have some not all in joint names :xxgrinning--00xx3:

[Terpe]

When my wife applied she had only a couple in both names.

Chubster, you wife would surely have bank statements mailed to her in 2011?
How about P60? Payslips?

UKBA need evidence that she is / has been living with you at the same address.

[chubster]

I've got loads of stuff in my name but nothing with the wife's name on it for that period.
Quite simply she didn't get any mail in that period!
Are they likely to refuse her visa on those grounds?
I've got e-reciepts for flights we've booked to the Phils. later this year. That must prove we are still together!

[Terpe]

I've got loads of stuff in my name but nothing with the wife's name on it for that period.
Quite simply she didn't get any mail in that period!
Are they likely to refuse her visa on those grounds?
I've got e-reciepts for flights we've booked to the Phils. later this year. That must prove we are still together!

If the ILR would be refused or not is not easy to answer. Technically if they do not believe you are still in relationship and still living together then the answer is YES they can refuse.

When you say she simply did not have any mail, what happened to bank statements for example?
Sorry for harsh words as they just don't help but I take it you did not prepare for the ILR requirements....

[bornatbirth]

so what mail did you submit over the 2 year period with both your names?

how can your wife not have any mail for 4 months, you didnt get a joint bank account or put the bills in both names?

[chubster]

In the 2 year period my wife had letters from the hospital (she gave birth to our son), from her doctor and her national insurance information/card...stuff like that.
She doesn't work, doesn't have her own bank account and where we live the bills are not in our name.
Admittedly, we were ill prepared.

Todays letter from UKBA asks for letters from "5 official sources and addressed to BOTH parties either jointly or separately"

I can supply 3. For the mrs we can send 1 doctors prescription and 1 letter from the UKBA confirming her initial application.
That's 5! Do you think it'll be strong enough?

[bornatbirth]

i guess thats the best you can do and a very good letter explaining why!

why does your wife not have a bank account or a joint account yet, even thou she doesnt work...what if she needed money at some point?

[chubster]

Don't worry pal, she controls the purse strings - it's just not in her name!
We asked ages ago to make my account joint but the bank told us she had to have been living here for two years. Stupidly we thought we'd just arrange it after she got the ILR and left it like that.

[bornatbirth]

then i would seek some proper advice before you reply :D

[Terpe]

then i would seek some proper advice before you reply :D

I agree with that.

Sorry chubster, I have no experience similar to your situation.

I have to say it would be a very rare and tough choice by UKBA to refuse ILR, but you never know. Do seek some advice from an immigration advisor.

[chubster]

Seems like sound advice.
We only have 14 days to reply.

Where can I contact a decent immigration advisor?

[Terpe]

..........Where can I contact a decent immigration advisor?

As a first step please take a look here:-
http://oisc.homeoffice.gov.uk

This is what UKBA need:-
Please give an explanation on a separate sheet if you cannot provide 6 items; if the documents are not addressed to both of you; or if they do not cover the 2-year period. If you and your partner lived with relatives or friends for some or all of the 2-year period, please provide a letter from the relative(s) and/or friend(s) confirming this.
If you did not live together for any part of the 2-year period, tell us the reasons for this and whether you stayed in contact with each other during this time, and provide any relevant supporting evidence.

Examples of acceptable types of letters and documents

letters or other documents from government departments or agencies, for example HM Revenue and Customs, 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

I think an experienced advisor can help you both to prepare an appropriately worded letter. That's all that UKBA require. I'm sure it probably wouldn't cost a lot, maybe equivalent to solicitor's letter say around £50, but worth it to avoid having UKBA going down the refusal route and forcing you into subsequent appeals procedure.

I personally don't think at the end of the day any appeal would be refused, but it's surely better to resolve the ILR sooner rather than later, then you can both get on with your lives.

UKBA clearly does not want to refuse the application.

By the way, has your wife passed Life in UK test?

[grahamw48]

What about council tax records ?
Presumably someone is paying the council, and has supplied them with a record of who is living at the address ?

The Census ?

[chubster]

Yes she passed the life in the UK test, i sent the certificate.
She is registered on the council tax - i will ask the landlord if he has the proof...and we did put her down on the census too.

I will definetely seek help from an experienced advisor. As you say, whatever the cost it is worth it to save the grief of a refusal.

Thanks for the excellent advise, I'll let you know how it all turns out!

[jane2009]

Hi,
Ask a letter from your GP stated that you both registered in the surgery and lived with the same address...
Is your wife got a national insurance number? If yes! then im sure she got any post address to her name...
And try to send a copy of the birth cert. of your son....(we have the same problem but mind we did apply in person so we try to explain everything, they want to see the birth cert. of my son) I hope this help...goodluck

[tone]

Good luck with this one mate.

BTW do you still have to show that you have "savings" it appears to me that yet another full disclosure of financial assets is required!:NoNo:

Cheers
Tone

[bornatbirth]

BTW do you still have to show that you have "savings" it appears to me that yet another full disclosure of financial assets is required!:NoNo:


no, but you are asked how much you earn.

[chubster]

It's a great idea to include our son's birth certificate etc, thanx.
I'm also gonna send them all the letters my boy has had at this address.
With regards to the savings issue, I included my bank statements in the original application and wage slips. UKBA isn't questioning our finances. They are satisfied we were cohabiting until Dec. 2010 but we can't prove it beyond that because there's no mail in my wifes name. It literally comes down to that...which seems harsh.
We've got a place in the Philippines and spend four months there every year. We have a 2-year old son with dual citizenship.