U.K family visa...

[cornishcarlos]

If we want to apply for this, with the longer term aim for ILR, have I got the basic process correct ??

 

1. Apply for family (settlement ?) visa ?

2. Provide proof of income. I earn more than enough for this.

3. TB certificate ??

4. Pay visa fee and NHS surcharge. What is the total for that ??

 

Within 30 days of arrival, obtain the BRC (post office)

 

After 30 months;

 

1. Apply for FLR.

2. Proof of English level. My wife has both a degree and Masters which were done in English language, I believe these can be used ?

3. Maintain financial requirements ?

4. Pay NHS surcharge again ??

 

After another 30 months;

 

1. Apply for ILR

2. Complete a LITUK test

 

If I missed some steps, please can someone add them to the list..

Also, what is the maximum time allowed to spend out of the country (U.K) without losing settlement status ??

 

Thanks

[durhamboy]

I 'll answer what I can :-

 

Settlement Visa Fee £1523 + NHS Surcharge still £1000 (goes up to £1560 in October) - actually the NHS Surcharge maybe £1100 as the initial visa is 2 years 9 months so better check that. Also they calculate the visa fees using an arbitrary US Dollar exchange rate which almost certainly means you pay a bit more - crazy I know!

 

Yes you need a TB cert.

 

Sounds like your wife's degree would satisfy the English requirement but better double check. You need to show this when you apply for the settlement visa.

 

I think you would need to apply for FLR 33 months after the settlement visa was granted.

 

Yes you need to show proof of required financial level at every FLR application. Ditto for payment of NHS Surcharge.

 

You need to pass LITUK before applying for ILR not after.

 

Hope this helps.

 

[puchooay]

1 hour ago, durhamboy said:

Settlement Visa Fee £1523 + NHS Surcharge still £1000 (goes up to £1560 in October) - actually the NHS Surcharge maybe £1100 as the initial visa is 2 years 9 months so better check that.

The NHS surcharge is rounded up to the nearest year. Thus, the fee will be 1200 GBP.

[cornishcarlos]

1 minute ago, puchooay said:

The NHS surcharge is rounded up to the nearest year. Thus, the fee will be 1200 GBP.

 

Thank you.. Is that for the initial 30 months ?? 

[cornishcarlos]

1 hour ago, durhamboy said:

I 'll answer what I can :-

 

Settlement Visa Fee £1523 + NHS Surcharge still £1000 (goes up to £1560 in October) - actually the NHS Surcharge maybe £1100 as the initial visa is 2 years 9 months so better check that. Also they calculate the visa fees using an arbitrary US Dollar exchange rate which almost certainly means you pay a bit more - crazy I know!

 

Yes you need a TB cert.

 

Sounds like your wife's degree would satisfy the English requirement but better double check. You need to show this when you apply for the settlement visa.

 

I think you would need to apply for FLR 33 months after the settlement visa was granted.

 

Yes you need to show proof of required financial level at every FLR application. Ditto for payment of NHS Surcharge.

 

You need to pass LITUK before applying for ILR not after.

 

Hope this helps.

 

 

Do you know how many days/months she is allowed out of U.K without losing her settlement status ??

[durhamboy]

Don't quote me but I don't think there is a limit as such. I think when you apply for FLR they asked for the dates that you have been outside of the UK. I would say that it might be a problem if you were out of the UK for more than 6 months in any 12 month period because that might be taken to mean that you are not settled here. When you apply for Citizenship you do need to show that you spent no more than 90 days outside the UK in the previous 12 months before the application.

[cornishcarlos]

7 hours ago, durhamboy said:

Don't quote me but I don't think there is a limit as such. I think when you apply for FLR they asked for the dates that you have been outside of the UK. I would say that it might be a problem if you were out of the UK for more than 6 months in any 12 month period because that might be taken to mean that you are not settled here. When you apply for Citizenship you do need to show that you spent no more than 90 days outside the UK in the previous 12 months before the application.

 

Really !! That sounds a bit slack...

I would have thought there would be a requirement of a majority of time in U.K between FLR application ??

[cornishcarlos]

Found this on the gov website, which equates to roughly 3 months per year allowed to be outside U.K... Before applying for ILR

 

 

[durhamboy]

https://www.gov.uk/apply-citizenship-spouse

 

https://edmansco.com/spouse-visa-ilr/

 

CornishCarlos - the screenshot is for Citizenship not ILR. You can tell by the fee because it is £1330 for Citizenship (per the screenshot) and £2389 for ILR.

 

See the websites that I've attached.

 

See the ILR website :-

 

"Absences for Spouse Visa ILR application

There are no specific requirements for maximum absences for those applying for ILR based on holding UK spouse visa."

 

It does go to say "If the majority of time on UK spouse visa was spent overseas, the Home Office may doubt whether the couple intends to live permanently in the UK. Every application will be considered on its merits, and there is a variety of factors Home Office will assess, including reasons for the absence, length of the absence, whether the couple resided together during the absence in question etc. "

 

See the ILR Citizenship website :-

 

"Residency requirements

You should not have:

• spent more than 270 days outside the UK during the 3 years before your application
• spent more than 90 days outside the UK in the last 12 months"

So that pretty much confirms what I originally advised you.