Settlement Visa For Wife

[Janner]

Hi every one. My wife has just received a letter saying she can come into the embassy for an interview. We have been preparing our Settlement evidence file for quite a few months now so I presume this preparation has paid off hense the letter.

My enquirey is as my wife is pregnant and the baby is due this Oct/Nov, (she wishes to have the child in Thailand.) the earliest she and the little un' can fly will be Feb next year.

Thinking positive, she attends the embassy for interview this Monday 20th if she mets the criteria for the issue of the visa when will she receive it as she wont be looking to come to the UK until next Feb?

Many thanks Janner

[GU22]

Firstly, Janner, congrats on the baby.

From what you say it sounds like your wife has been called in for a short interview, so congrats on that as well.

Assuming she is successful, she will be asked to return later that day or the next to collect her passport with the visa in it. The visa will start that day. She can, of course, use it at any time so it would appear that waiting until next Feb to come over is not a problem.

But.

She cannot apply for Indefinite Leave to Remain until she has been resident in the UK for 23 months. That would be Jan 2008. But her visa would expire in July 2007! She would therefore need to apply for Further Leave to Remain to cover the gap, at a cost (currently) of £335 by post, £500 in person!!!!!!!!

So, I think you should change your plans and she should travel ASAP after getting the visa; or explain the situation to the embassy and ask if the visa can be post dated to next Feb.

I don't know if the second option is possible. Hopefully Scouse does.

[the scouser]

The longest for which a visa can be post-dated is 3 months, so that doesn't really assist. The 3 options available are for your wife to travel immediately and have the child in the UK, withdraw the application and reapply once the child is born (but the application fee will not be refunded), and have the visa issued now but not travel until after the birth of the child in which case she will have to make the extra application that GU22 referred to at a minimum cost of £335.

Scouse.

[Janner]

Thank you both for your quality replies. Hmm... food for thought.

My wife put the visa application form in May. The letter never stated a date nor a specific time just words to the effect turn up for an interview between Mon-Thurs and a between time.

I have phoned the embassy to confirm the above to which they have confirmed.(Long way from Udonthani to Bangkok on a wing and a prayer job) .

She wishes to remain in Udonthani to have the baby with her family around her as its our first child. also I have no immediate family around me to help her. So our plan is she receives this initial support to get us both on the way with parent hood.

Question.... as there is no date on the letter could she not delay the interview?

Given the option of having the visa done and dusted prior to the birth seems favourable. I appreciate the visa fee is non returnable given we would lose this its just a few quid more to have my family over in the not so sunny UK with me and apply for the relevant next hurdle.

Again advice appreciated, thank you..... Janner

[the scouser]

Question.... as there is no date on the letter could she not delay the interview?

<{POST_SNAPBACK}>

Yes, but not for eight months. At some point in time the embassy will treat the application as automatically withdrawn should your wife fail to materialise. Perhaps give the embassy a ring and present them with your dilemma. If the wind's blowing in the right direction, the ECO may be willing to put the application on one side for 6 months or so.

It's quite ironic that the embassy is striving to give your wife a visa and she doesn't curently want it.

Scouse.

[Janner]

Many thanks Scouse.

Visa most difinitly required just that it's her first child. But the entire process is certainly made a lot easier with chaps like your good self to hand out the necessary advice.

Again my gratitute....... Janner

[Morgan]

GU22 As far as i know a visa will not start on the day of issue. On the day of the granting a visa,you will be giving a date by which time you must have started to use said visa. Date of entry into the U.K. will be the start of the visa. As in my wifes case from the date of visa granted,she was given six months in which time she had start to use her visa, that is arrive port of entry U.K. within six months. As the date given on a visa as to when you must start to use or lose your visa is not printed, but left blank for the officer to fill in, it might not be set in stone. So might not Janner's wife get the nine months or so that she needs,from issue day to use or loose day.?

[GU22]

What you say was correct, Morgan, prior to a significant change of policy in 2000. Before the change the overseas embassy/consulate would place what was effectively an unactivated visa into the applicants passport. When the person first arrived in the UK the immigration officer at the UK entry port would then activate the visa. At that time spouse visas were for 1 year instead of the current 2, and that one year would start not when the embassy/consulate issued the visa but when the holder first entered the UK.

So Janners problem is due to that change of policy back in 2000, as the visa is active from the moment it is placed in the holders passport, although it can be deferred for up to 3 months. (Thanks for that bit of info, Scouse.)

There is a lengthy discussion on this point on Thailand-UK. (From where I lifted the above.)

Edited June 18, 2005 by GU22