ILR advice please

[axelc]

Hi I arrived here october 18 2009 on a spousal visa.
But it says my visa will expire dec this year.

My husband and i really didnt know about the documents needed about the bills and letters in my name and both our names. So i really didnt have letters on my name and bills from octorber 2009 until march 2010. I only joined the doctors when i got pregnant march 2010 and thats my first letter i receive in my name.

I just want to know if its possible that i will still be granted with ILR even i didnt have letters and bills in my name for 5 months. My husband is consulting a solicitor and he said that 5 months is a big gap and i might just apply for FLR extension for my visa instead of ILR so my husband asked me to cancel my appointment for submitting my application.

I am running out of time and we are just stress and argue lol. What i understand is i should apply within 28 days before october 18 the date i arrived here. But my husband also said i can submit my application form even after october 18 coz my visa will expire dec 2011 and thats my qualifying period.

I am just confuse and i dont know if i should still apply for ILR even i didnt have letters and bills for 5 months since i arrived here. Thanks in advance for your advice.

[Terpe]

axelc,

The qualifying period for ILR is 24 months living in UK
If you arrived to UK 18 October 2009 on spouse visa, then the EARLIEST you may apply is 28 days before the end of the qualifying period.
In your this means you can apply anytime from NOW until the visa expiry date in Decemeber 2011.

Before applying for your ILR you will need to have a pass certificate for Life in UK test.

Concerning the documents for Evidence of cohabitation, the UKBA suggest using :-
..6 letters and/or other documents addressed to you and your partner at the same address as evidence that you have been living together during the past 2 years.

If you are really struggling to provide 6 items covering the past 24 months then you need to give a detailed letter of explanation.
Documents may be addressed to both of you, or to each individual.

Please do try to think of any documents or letters at all that can be used.
Usually there should be something or other. (just for example council tax bill, water bill, electric bill, appointment for NI number, council tax showing you notified them that you are living together, bank statements, notification of debit cards, phone bills, TV licensing, payslips, doctors appointment letters

Try to ask your GP, Priest, family, friends, neighbours or even landlords to provide a simple support letter confirming how long they have known you both as a couple and that you have been living together for the past 24 months.
Additionally I would include a covering letter that you have a child together who was born in the UK, and include a copy of the birth certificate.

You need somehow to ensure that a full 24-month period of co-habitation is evidenced.
Submit any letters you may have received in either joint or single name, you may have more than you think.

I would not advise you to pay the additional cost for personal application at the PEO if you cannot satisfy the documents for cohabitation.
Without the required documentations for cohabitation it is likely that the back-office caseworkers will need to check/confirm your explanations and whatever supporting documents you supply.
So this would mean no decision on the day and no fast-tracking of the application. Means the extra money is not well spent.

[axelc]

Thank you so much terpe for your advice

This is what we got

bills and letters in joint name

1 year bank statement
council tax
gas bill
water bill

Bills and letters in my name

NHS
Job centre
HRM revenue
tv license


Husbands 1 year pay slip
husbands 1 year bank statement
life in the uk test certificate


we also have letter from neighbor confirming they know us and the date i arrived here and a letter from doctor confirming the date i joined and have always live in the same address.

I just didnt have letters or bills in my name for 5 months when i arrived here but thank you for the advice and will just make a letter of explanation.

My husband wants to use a solicitor to deal with my visa but i find them so expensive £90 for consultation lol and thank you so much terpe for the free advice

[rmlukban]

My boyfriend and I are already living together and would like to get married here in UK. but I already overstayed for nearly 2 years. I came here on a visit visa. Is is possible that we ge married here and is there an option for us not to go back to my country of origin. please give us info on what to do? we are planning to get married this dec 2011

[Terpe]

My boyfriend and I are already living together and would like to get married here in UK. but I already overstayed for nearly 2 years. I came here on a visit visa. Is is possible that we ge married here and is there an option for us not to go back to my country of origin. please give us info on what to do? we are planning to get married this dec 2011

As you already know a visit visa is for maximum 6 months.
It is not allowed for you get married or to apply a spouse visa from within the UK.

I very much doubt you will find anyone to actually perform the wedding ceremony anyway. But it's possible that you may.

Based solely on the information you provided you have now put yourself in a very tricky situation here and run a high risk of being subject to a severe immigration penalty.
May I very kindly suggest you seek the advice of an immigration advisor/specialist to help you.

[rusty]

I very much doubt you will find anyone to actually perform the wedding ceremony anyway. But it's possible that you may.

As there is no longer a certificate of approval to check they are able to marry, I think it is now possible to get married.

But as you have already indicated, under a visit visa, you should not get married.

[rusty]

My boyfriend and I are already living together and would like to get married here in UK. but I already overstayed for nearly 2 years. I came here on a visit visa. Is is possible that we ge married here and is there an option for us not to go back to my country of origin. please give us info on what to do? we are planning to get married this dec 2011

A friend of ours has recently tried this, they married here and applied for FLR, the application was submitted but rejected because she was here on a visit visa. The fee was taken for the application but not refunded.

She has now returned to the Philippines and has submitted a spouse visa application, given that there have been recent visa success on this forum with decisions taken a few days or weeks, they have been waiting nearly 6 weeks and still no decision yet.

Your only option is to go home and apply from there and hope your overstay does not affect your application.

[Terpe]

As there is no longer a certificate of approval to check they are able to marry, I think it is now possible to get married.

But as you have already indicated, under a visit visa, you should not get married.

Rusty,
There are now quite a few checks that need to be done, the responsibility has been shifted from the UKBA (COA) to others. Nothing is 100% of course, but those who have authority to organise marriage are now much more aware of the legal requirements and consequences of failure to comply with regulation. First requirement is valid visa.

Even if they somehow managed to get married, they could not legally progress any leave to stay within current immigration rules.

[rusty]

Rusty,
There are now quite a few checks that need to be done, the responsibility has been shifted from the UKBA (COA) to others. Nothing is 100% of course, but those who have authority to organise marriage are now much more aware of the legal requirements and consequences of failure to comply with regulation. First requirement is valid visa.

Even if they somehow managed to get married, they could not legally progress any leave to stay within current immigration rules.

True, as indicated in my last reply, they did manage to get married but were refused leave to stay.