Settlement Visa Success

[bozy]

We were given our visa on 8/3/06 after a short intreview,we would like help on a couple of more questions.

1 We will not be going to the UK until the 11/04/06 over a month after the visa was valid from,what difference will this make when we apply for our "ILR"(I did tell the wife to ask for the visa date to start from the day we fly but she forgot after being nervous with the questions then exicited when it was granted)

2 We plan a visit to Spain,do we need to apply for the schengen visa at the Spanish Embassy in the UK or Bangkok?

Also I would like to say a big thankyou to everybody who posts on this forum,without your questions and answers our task would have been more difficult.

Thanks again and good luck to anybody else applying for a visa.

Bozy

[the scouser]

Bozy,

As your wife won't be travelling to the UK for over a month since her visa was issued, she won't have spent enough of the ILR qualifying time in the UK when it's time to apply. As a consequence, the Home Office may insist on givng her an additional 1-2 month stamp and then ILR. This means that your wife will possibly have to make 2 applications to the Home Office at increased cost to yourself.

Having said that, it is only a matter of 3 days, so a reasonable caseworker in the Home Office might exercise a bit of judgment and grant the ILR on the first application.

With regard to the Spanish visa, it really depends upon when you're going to Spain. If shortly after your arrival in the UK, then apply in BKK, if not, then London. In theory, your wife's visa for Spain should be free. However, the Spanish authorities don't always play ball.

Scouse.

[GU22]

As your wife won't be travelling to the UK for over a month since her visa was issued, she won't have spent enough of the ILR qualifying time in the UK when it's time to apply. As a consequence, the Home Office may insist on giving her an additional 1-2 month stamp and then ILR. This means that your wife will possibly have to make 2 applications to the Home Office at increased cost to yourself.

Basically, your wife cannot apply for ILR until she has been in the UK for a minimum of 23 months, so that will be 10/3/08; but her visa will expire on 7/3/08. Technically she will need to apply for FLR to cover the gap, at a current cost of £335 by post or £500 in person!

One possible way around this is to post the application by recorded delivery so it arrives on 7/3/08 and send the payment by cheque. They will not start processing the application until the cheque has cleared, which will take her past 10/3, but her sv will automatically be extended until the ILR decision has been made.

Alternatively, is it possible to bring your flight forward a few days to before 8/4? That way she will be time qualified before the visa expires.

Remember that you will need to provide evidence that the 2 of you have been living together in the form of official letters covering the entire 2 years addressed to both of you. So get your utility bills, bank statements etc. put into joint names.

BTW, I have been accused by certain individuals of never criticising the ECOs, but this is one area where they should show more common sense. With the current long wait for an interview and possible uncertainty over the outcome, coupled with the embassy advice not to buy tickets until you know that you will get the visa, surely it makes sense for the ECO to ask the applicant when they intend to travel and so adjust the start date of the visa accordingly? It simply does not occur to many applicants that there could be a problem with ILR if there is a gap between recieving the visa and arriving in the UK; and why should it, if nobody tells them?

Edited March 10, 2006 by GU22

[the scouser]

One possible way around this is to post the application by recorded delivery so it arrives on 7/3/08 and send the payment by cheque. They will not start processing the application until the cheque has cleared, which will take her past 10/3, but her sv will automatically be extended until the ILR decision has been made.

Certainly don't leave the application to the very last minute. Even if it is sent recorded delivery, the Home Office won't accept responsibility if it arrives late. If this occurred, the application would be out of time and, if refused, your wife would have no right of appeal.

Additionally, the effective date of the application is the date it arrives at the Home Office. Even if the application is considered 6 months later, it is on the basis of the facts as they pertained on the date of application. Therefore, waiting for a cheque to clear won't advantage your wife's application in any way.

You could contact the embassy and ask them to reissue the visa, but they are under no obligation to do so. Other than that, you are either reliant upon a considerate caseworker, or faced with the prospect of having to make 2 applications before your wife gets indefinite leave.

Scouse.

[vinny]

GU22 is correct in saying that ECOs should have asked when a person wishes to enter the UK. Alternatively, you can try asking the immigration officer very politely to extend her leave to enter, as they apparently have the authority to do so:

Therefore, to prevent unnecessary applications for an extension of stay, Entry Clearance Officers should confirm an applicant’s date of travel. For applicants in long-term categories who are subject to either a qualifying period before applying for settlement, or to a limit on their total length of stay in that category (i.e. work permit holder and their dependants, UK ancestry, au pairs, and working holidaymakers), leave to enter should begin on the date they arrive in the UK (within the three month limit). This will ensure that the maximum leave to which they are entitled is given. Similarly, an Immigration Officer has authority to vary or extend leave where permitted, on arrival in the UK.

See: 1.4 - Validity of entry clearance and leave to enter

[the scouser]

Whereas the I.O. on arrival does have the power to extend leave, in practice they don't exercise it. The reason for this is because it would adversely effect the government's coffers. They don't want I.O.s dishing out free extensions when the punters would otherwise have to pay the Home Office a minimum of £335.00. To this end, the relevant stamps have been withdrawn from ports of entry, so even if an I.O. were inclined to extend the leave, he doesn't have the wherewithal to actually endorse the passport.

Scouse.

[vinny]

So, effectively, immigration officers no longer have the power to extend leave, because they do not have the means (stamps) to do so?

This is contrary to their general instructions, given under "the principles of openness in the White Paper of Freedom of Information, the Freedom of Information Act 2000, and previous Code of Practice on Access to Government Information".

Can they legally misinform the public like this?

[the scouser]

Whether the I.O. has the stamps or not is a bit of a red herring. The reality is that an I.O., whilst having the power to vary leave, is not legally obliged to do so. Consequently, even if they had the wherewithal, there would be nothing the hapless punter could do if the I.O. refused to entertain such a request.

Certainly, the various British embassies/high commissions should inform successful applicants that if they don't travel within an allotted period, then complications may ensue.

Scouse.

[vinny]

Thanks, Scouse.

I think that having or not having the stamps is relevant. Having the stamps but not using them is consistent with their publicly available general instructions; the immigration officers have the authority, but they may choose not to exercise their authority. However, not having the stamps is contrary to their general instructions, as their absence completely removes the immigration officers’ authority.

Consequently, their general instructions regarding this issue should be amended so that we are not misinformed.

[vinny]

Bozy,

Just out of curiosity, what date was put down as the intended date of arrival? If it was 11/04/06 or close, then you can ask them to correct their typing error on the visa.

In any event, there is no harm is asking someone in authority at the Embassy to amend the dates on the visa. The worse they can do is refuse.

Edited March 10, 2006 by vinny

[bozy]

Thanks alot for all your help,when we submitted the application we wrote down the travelling date would be between 1-10 April,because at that time we had not checked the availability of flights.Now we have done so and this is the earliest direct flight avaliable and also we fly with our 20 month old daughter so we did not want a flight with a long stop-over or a day time flight.

I will ring the embassy today before we head back to Phuket and see what they suggest,as for flying earlier I think this will not be possible as most flights are full and also we need to sell our pick-up before we leave.

As to the visit to spain,it will be 3-4 months before we plan to go.

Once again a big thanks to everybody.

Bozy

[Rj 81]

Goodluck rkid, hope it turns out okay for you and that

[vinny]

Bozy,

Since your wife had informed them of her intended arrival month, in writing on the application form, I think that it would be difficult for them to refuse to correct their "typing error". They should be under an obligation to do so. They have no reasonable excuse to do otherwise, especially given their general instructions that I had previously referenced for you.

At the very least, the start date should have been 1 April 2006, as requested. So, as long as they should change it anyway, ask them to change it to your required date.

Be polite but firm.

[vinny]

Don't forget that if the start date is amended, the end date must also change to cover two years.

[bozy]

We had further success! Our visa date has been changed to the date we fly,after speaking to a officer at the embassy and explaining the situation.I was informed to come into the embassy and leave the wife's passport as they needed to get the folder out and I had to get back before 12 midday, then they would know if they could do it.

Upon my return the lady at the information desk asked me for the receipt,which I informed her none was given but luck was with me that day as she was holding the wifes passport in her hand(as it had a sticker on it from the visa application and also it is in a plastic folder)after confirming her name and checking the dates the passport was given to me, I left thinking to myself that they are not a bunch of awkward people after all.

Bozy

[vinny]

Great!