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Topic: Question about length of cohabitation proof (ILR vs FLR)  (Read 1987 times)

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Question about length of cohabitation proof (ILR vs FLR)
« on: July 13, 2020, 11:38:51 AM »
Hi all, long-time lurker - finally decided to join as I've got a bit of an academic question.

I'm due to apply for ILR next month (SET(M)). For my two previous FLR(M) applications, I demonstrated that my partner and I had been cohabitating for 2 years prior to the date of application. (I switched from Tier 4 to my first FLR(M).)

Now, I'm applying for ILR online and the guidance states I must demonstrate that we have "been living together during the past 2.5 years". I was surprised that it wasn't 2 years, like FLR.

My question is, have ILR and FLR always had different cohabitation proof periods? (2 years vs 2.5 years?) And is there any known reason why they're not the same length? I'm just intrigued, really.

I've done a bit of digging out of curiosity. I've got a PDF copy of the SET(M) paper application saved from 2017 that preceded the switch the online applications, and there it says the cohabitation proof must show we have "been living together continuously since your last grant of leave in this category".

So, just expounding on this, here's my personal timeline:
15 September 2011 = Tier 4 began
4 September 2015 = First FLR(M) began
16 March 2018 = Second FLR(M) began
8 August 2020 = Eligible to apply for ILR (SET(M))
2 October 2020 = Current FLR(M) expires

So, assuming I apply on 8 August, based on the online application guidance I have to show proof of cohabitation between 8 February 2018 and 8 August 2020. Based on the old paper application guidance I would've had to show proof of cohabitation between 16 March 2018 and 8 August 2020. (If it were FLR(M), I'd have to show proof of cohabitation between 8 August 2018 and 8 August 2020.)

Anyway, I don't necessarily need an answer - I'll do as the application says and prove 2.5 years!  ;D I'm just chuckling because my first bit of evidence is the same exact bank statement I submitted for my last FLR(M) application as the last bit of evidence. (I don't have anything else from that month.)


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Question about length of cohabitation proof (ILR vs FLR)
« Reply #1 on: July 13, 2020, 12:16:13 PM »
Hi all, long-time lurker - finally decided to join as I've got a bit of an academic question.

I'm due to apply for ILR next month (SET(M)). For my two previous FLR(M) applications, I demonstrated that my partner and I had been cohabitating for 2 years prior to the date of application. (I switched from Tier 4 to my first FLR(M).)

Now, I'm applying for ILR online and the guidance states I must demonstrate that we have "been living together during the past 2.5 years". I was surprised that it wasn't 2 years, like FLR.

My question is, have ILR and FLR always had different cohabitation proof periods? (2 years vs 2.5 years?) And is there any known reason why they're not the same length? I'm just intrigued, really.

I've done a bit of digging out of curiosity. I've got a PDF copy of the SET(M) paper application saved from 2017 that preceded the switch the online applications, and there it says the cohabitation proof must show we have "been living together continuously since your last grant of leave in this category".

Before 2012, it only took 2 years to qualify for ILR, so you only needed to show 2 years of evidence, because that was the entire length of the visa.

When the rules changed in 2012 and ILR was increased to 5 years, it remained 2 years for a while (I believe partly because of the Unmarried Partner visa requirements that you must have lived together for 2 years before applying for a settlement/FLR(M) visa)... however, a few years ago, this was changed to cover the entire length of the visa for ILR and not just 2 years... which makes more sense, because the whole point is to show you have lived together for the entire time you have held the visa.

So for FLR(M), it’s still a maximum of 2 years (though I wouldn’t be surprised if they increase it to 2.5 years at some point), but for ILR it’s now, ‘since your last visa was issued’.

Quote
So, just expounding on this, here's my personal timeline:
15 September 2011 = Tier 4 began
4 September 2015 = First FLR(M) began
16 March 2018 = Second FLR(M) began
8 August 2020 = Eligible to apply for ILR (SET(M))
2 October 2020 = Current FLR(M) expires

So, assuming I apply on 8 August, based on the online application guidance I have to show proof of cohabitation between 8 February 2018 and 8 August 2020. Based on the old paper application guidance I would've had to show proof of cohabitation between 16 March 2018 and 8 August 2020. (If it were FLR(M), I'd have to show proof of cohabitation between 8 August 2018 and 8 August 2020.)

Technically, ‘since your last grant of leave’ should be 2.5 years anyway, as it takes two 2.5-year visas to qualify for ILR...which is why the online form says 2.5 years.

Basically, the paper form always wanted 2.5 years of evidence, because that is how long FLR(M) lasts for. However, some people have different length visas (like those married to HM Forces members who get their first visa issued for either 5 years or until their partner leaves the forces, whichever is sooner), so the SET(M) form states ‘since your last grant of leave’ to cover those whose visas are valid for longer or shorter than 2.5 years.

Also, since the documents must be evenly-spaced, to make the calculation and spacing of the documents easier, it’s probably best to cover the whole 2.5 years, from 8th February, so that you can have the documents dated every 5 months.


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« Last Edit: July 13, 2020, 12:18:28 PM by ksand24 »


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Re: Question about length of cohabitation proof (ILR vs FLR)
« Reply #2 on: July 13, 2020, 01:12:55 PM »
Before 2012, it only took 2 years to qualify for ILR, so you only needed to show 2 years of evidence, because that was the entire length of the visa.

When the rules changed in 2012 and ILR was increased to 5 years, it remained 2 years for a while (I believe partly because of the Unmarried Partner visa requirements that you must have lived together for 2 years before applying for a settlement/FLR(M) visa)... however, a few years ago, this was changed to cover the entire length of the visa for ILR and not just 2 years... which makes more sense, because the whole point is to show you have lived together for the entire time you have held the visa.

So for FLR(M), it’s still a maximum of 2 years (though I wouldn’t be surprised if they increase it to 2.5 years at some point), but for ILR it’s now, ‘since your last visa was issued’.

Ah, okay, that all makes sense! Really good to know the history and background.  :) Thank you very much.

Technically, ‘since your last grant of leave’ should be 2.5 years anyway, as it takes two 2.5-year visas to qualify for ILR...which is why the online form says 2.5 years.

Basically, the paper form always wanted 2.5 years of evidence, because that is how long FLR(M) lasts for. However, some people have different length visas (like those married to HM Forces members who get their first visa issued for either 5 years or until their partner leaves the forces, whichever is sooner), so the SET(M) form states ‘since your last grant of leave’ to cover those whose visas are valid for longer or shorter than 2.5 years.

Also, since the documents must be evenly-spaced, to make the calculation and spacing of the documents easier, it’s probably best to cover the whole 2.5 years, from 8th February, so that you can have the documents dated every 5 months.


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Ah, see, now this is where I scratch my head a bit more. If I space the evidence out every 5 months to cover a 2.5 year (30 month) period, it looks like this:
February 2018
July 2018
December 2018
May 2019
October 2019
March 2020
August 2020

So that's seven touchpoints of evidence instead of the six it requests in the application. If I space it every six months over 2.5 years (30 months), it looks like this:
February 2018
August 2018
February 2019
August 2019
February 2020
August 2020

Or is that last touchpoint in August 2020 (immediately before the application) not needed? [smiley=glasses.gif]

Haha, why can't they just come to my house and hold my hand through all this? (Just kidding.)


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Question about length of cohabitation proof (ILR vs FLR)
« Reply #3 on: July 13, 2020, 02:24:32 PM »
Ah, see, now this is where I scratch my head a bit more. If I space the evidence out every 5 months to cover a 2.5 year (30 month) period, it looks like this:
February 2018
July 2018
December 2018
May 2019
October 2019
March 2020
August 2020

So that's seven touchpoints of evidence instead of the six it requests in the application. If I space it every six months over 2.5 years (30 months), it looks like this:
February 2018
August 2018
February 2019
August 2019
February 2020
August 2020

Or is that last touchpoint in August 2020 (immediately before the application) not needed? [smiley=glasses.gif]

Haha, why can't they just come to my house and hold my hand through all this? (Just kidding.)

It needs to be every 5 months (30 months divided by 6 documents = 1 every 5 months).

The last one dated August 2020 is not strictly necessary and is only optional, because:
a) it takes it up to 7 documents, not the required 6
And
b) your accommodation and financial documents will show your current address as of August 2020 anyway

So you need the documents to be dated in the following months:
February 2018
July 2018
December 2018
May 2019
October 2019
March 2020
Optional extra: August 2020


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Re: Question about length of cohabitation proof (ILR vs FLR)
« Reply #4 on: July 13, 2020, 02:29:02 PM »
Thank you so much, that's extremely useful! :)


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