Got Settlement Visa - What's The Charge For Travelling After 28 Days?

[spot]

Apologies for repeating this question, but the Thaivisa forum search function just isn't that good.

My wife got her visa, but as it came later than we originally planned we want to keep out son in Thailand for his second birthday.

We have been told by the VFS that his would take us a few days over a 28 days limit in which to travel (although it doesn't actually say anywhere on the visa or letter that we have 28 days), but amazingly the VFS don't know how much the extension is...? And...of course the embassy doesn't/won't take phone enquiries - have to email or fax.

I have to book some flights soon, so need to know asap.

Anyone out there know?

[7by7]

The following assumes she has a settlement visa as your wife (spouse visa).

Spouse visas, and most other forms of settlement, used to be valid for 24 months, and to qualify for Indefinite Leave to Remain (ILR) one had to be in the UK for 24 months and still have a valid visa. However, one could apply for ILR up to 28 days before the end of the 24 month period in the UK, and as long as the visa was still valid at the time of application one would be ok. So, if one delayed travel for more than 28 days after the start of the visa it would expire before one was time qualified for ILR and when the initial visa expired one would have to apply, in the UK, for an extension, known as Further Leave to Remain (FLR).

The government eventually realised this was unfair on people, as applicants are advised not to make any firm travel plans etc. until after they have received the visa. Therefore spouse visas, and most other forms of settlement visa, are now valid for 27 months; giving successful applicants up to 3 months to put their affairs in order and travel to the UK.

Effectively, this is three months and 28 days as one can still apply for ILR up to 28 days before the end of one's 24 month qualifying period in the UK.

If one still cannot satisfy this 24 months in the UK rule when the settlement visa expires then one will have to apply (in the UK) for FLR to cover the gap.

VFS wont know the price of this, as applications are made in the UK direct to the Home Office when the settlement visa expires. The current cost is £465 if you apply by post, £665 if you apply in person.

So make sure that your wife first enters the UK no more than 3 months 28 days after the start of her visa.

[spot]

Thanks for the reply 7by7.

So she actually get 3 months and 28 days before she has to be in the UK....

That's great, so we can travel after his birthday.

Thanks again for your help.

Best.

Spot

[7by7]

Just keep a check on the dates.

Even though she can apply for ILR up to 28 days before she has been in the UK for 24 months, her settlement visa must still be valid when she applies.

Start planning and getting your evidence together, too.

See Completing application form SET(M) and Knowledge of language and life in the United Kingdom.

[spot]

Thanks for clearing this up.

I really do find it 'amazing', that when my wife asked the vfs about this, they said that a 'tax' would be charged (but didn't know how much) if she left after a 28 period.

Now, the vfs is THE point of call for most people applying for a visa or info, especially Thais who might feel uncomfortable contacting the embassy direct.

The fact that they gave the wrong information, or didn't even know much about it is just bizarre.