Uk Settlement

[sonicdragon]

Based on the current waiting times, it seems my wife's visa is unlikely to be granted before November. Her sister is getting married in January, and her brother in March and she needs to take a business trip to Hong Kong in mid-Decembber.

For these reasons, and since we're a family of 4, we're now thinking it will be better, assuming the visa is granted, to travel in March/April. So, supposing the visa is granted in November/December, would there be any problem with this ? If so, is there anything we can do about it ?

We said in our application that we wished to travel on 4 October

Thanks

SD

[ThaiVisaExpress]

As its a settlement visa she has 90 days to enter the country from issue date.

[Mercury]

As its a settlement visa she has 90 days to enter the country from issue date.

Isn't that just a product of the 27 month visa validity and the requirement to have 24 months in the UK before applying for ILR ? Applicable in these cases but presumably not for all settlement applications, such as when the applicant would get ILE based on a longer standing marriage or relationship prior to the application. Would not someone who was married for say 5 years prior to making the application, living abroad for that time, simply be able to travel anytime before the 27 month date, though they would need time in the UK to complete the KoL test before proceeding to ILR ?

[Guest jonzboy]

As its a settlement visa she has 90 days to enter the country from issue date.

I do not believe this is accurate.

Given what you say, I believe the ECO will give a date for the validity of the visa on the date of its approval. It will be valid for 27 months, although if you had asked at the time of application you can have this activation date delayed by up to three months. There is not, as far as I am aware, a 90-day window in which the visa holder must arrive in UK.

My wife was granted ILE last June. In the application we mentioned we would travel in October. This is more than 90 days after the visa's valid from date. By TVE's reckoning she would not be allowed to land!!!

My wife's visa is valid until 2020 when her passport expires.

[sonicdragon]

As its a settlement visa she has 90 days to enter the country from issue date.

Thanks. Would we be able to put in a request, say in early October when we had been hoping to travel, that our travel date be changed to a date in March ?

Edit: the reply above this post must have been submitted while I was typing mine; so I should be grateful for some clarification on this matter.

Edited September 15, 2010 by sonicdragon

[ThaiVisaExpress]

To qualify for ILR you must have spent two years (24) months in the UK if they enter after this how do the qualify for a future application ?

We are talking about the OP situation he may post date his visa 3 months in advance of travel if required but the visa is valid for 27 months.

Edited September 15, 2010 by ThaiVisaExpress

[7by7]

You can first enter the UK with a settlement visa at any time before it expires. However, if you leave it more than three months then when it expires you will not have been resident in the UK for the required 24 months in order to qualify for ILR and so will have to pay for an expensive extension.

You can request that the start date of the visa be postdated for up to three months; but I understand that this can only be done when submitting the original application.

[ThaiVisaExpress]

As its a settlement visa she has 90 days to enter the country from issue date.

I do not believe this is accurate.

Given what you say, I believe the ECO will give a date for the validity of the visa on the date of its approval. It will be valid for 27 months, although if you had asked at the time of application you can have this activation date delayed by up to three months. There is not, as far as I am aware, a 90-day window in which the visa holder must arrive in UK.

My wife was granted ILE last June. In the application we mentioned we would travel in October. This is more than 90 days after the visa's valid from date. By TVE's reckoning she would not be allowed to land!!!

My wife's visa is valid until 2020 when her passport expires.

Your partners visa is marked with ILE which is totally different the OP wants advice on when she can travel to the UK , as already pointed out she cannot qualify for ILR if she has not spent 24 months in the UK.

If the OP partner entered the UK at her leisure as you advised she would need to apply for an extension of her current immigration status which can be expensive.

[sonicdragon]

Thanks to all for replying.

Please let me ensure I understand correctly:

1. Once the visa is issued, we can travel any time we want within 27 months of it's "valid from" date, however, since it will expire 27 months after the "valid from" date, the only problem with doing this, is that we will definitely need to apply for an extension, if we don't travel withing the first 3 months, since she won't have been resident for 2 years when it expires.

2. Further, it may be possible to request a travel date up to 3 months in advance of the application (which seems rather odd since it would appear that applications can take more than 3 months to process) but such a request must be done at the time of application.

Is there any hope that, once the visa is issued, or before it is issued (but after the date we were intending to travel), we could successfully petition the visa section of the embassy to re-issue the visa with a "valid from" date four months from that time, giving our extenuating circumstances as the reason ?

[sumrit]

Please let me ensure I understand correctly:

1. Once the visa is issued, we can travel any time we want within 27 months of it's "valid from" date, however, since it will expire 27 months after the "valid from" date, the only problem with doing this, is that we will definitely need to apply for an extension, if we don't travel withing the first 3 months, since she won't have been resident for 2 years when it expires.

Correct...........and an extention (FLR) for a further two years, as from 1st October, costs £500.

2. Further, it may be possible to request a travel date up to 3 months in advance of the application (which seems rather odd since it would appear that applications can take more than 3 months to process) but such a request must be done at the time of application.

Correct. It's currently taking two/three months to process an application, but in quieter times (such as two/three years ago) the process can be completed in just a few days.

Is there any hope that, once the visa is issued, or before it is issued (but after the date we were intending to travel), we could successfully petition the visa section of the embassy to re-issue the visa with a "valid from" date four months from that time, giving our extenuating circumstances as the reason ?

Very doubtful. It would normally take a lot more than a business trip to change the 'rules', but you can try. If the visa is issued after your requested date the date would be the same date the visa is issued.

[Guest jonzboy]

Your partners visa is marked with ILE which is totally different the OP wants advice on when she can travel to the UK , as already pointed out she cannot qualify for ILR if she has not spent 24 months in the UK.

If the OP partner entered the UK at her leisure as you advised she would need to apply for an extension of her current immigration status which can be expensive.

TVE

please reread my first two paragraphs which do NOT have anything to do with my wife's ILE. I do not believe there is a 90-day limit to land in the UK, which is what you stated. Please clarify with some evidence or retract.

For Sonic, I can't find any reference to it in this thread, but if you have been living together in Thailand with your wife for four years or more at the time of her application, she could be issued with an "Indefinite Leave to Enter subject to passing the KOL test" visa. Again, as far as I know, this is valid for 27 months, but she does not need to pass the 24 month probation period in order to qualify for ILR. She only needs to pass the KOL Test (on the day of your arrival if you wish) then can immediately convert to ILR.

[ThaiVisaExpress]

I was referring to her applying for ILR which to qualify she must spend 24 months in the UK its quite simple.

[sumrit]

TVE

I do not believe there is a 90-day limit to land in the UK, which is what you stated.

Although he phrased it badly I don't think TVE meant there was a 90 day restriction on using the visa. I think what he meant was if the visa was first used more than 90 days after it's issue date it would be impossible to complete the required two residency in the UK to enable ILR to be applied for and a costly extention (FLR) would then be needed.

Edited to say TVE replied while I was (slowly) typing.

Edited September 15, 2010 by sumrit

[sonicdragon]

For Sonic, I can't find any reference to it in this thread, but if you have been living together in Thailand with your wife for four years or more at the time of her application, she could be issued with an "Indefinite Leave to Enter subject to passing the KOL test" visa. Again, as far as I know, this is valid for 27 months, but she does not need to pass the 24 month probation period in order to qualify for ILR. She only needs to pass the KOL Test (on the day of your arrival if you wish) then can immediately convert to ILR.

Thanks for this. We've been living together since 2002 - First in Hong Kong in 2002-2004, then in Thailand from 2004-2008 then in HK again from 2008 till recently.

We were married in Jan 2007.

Would this meet the requirements for ILE or do we have to have been married for 4 years also ?

In so far as I don't mind the extra 500 cost for the extension (and I realise it will likely have increased in two years time), if the application for the extension requires anything near as much preparation as the initial visa application, I would certainly prefer to avoid it, but if the only way is to travel within 3 months, then I have to weigh it up against the aggravation of travelling as a family of four on a "needless" round trip.

[Guest jonzboy]

Sonic

I believe that, given the circumstances you quote, you wife will qualify for "ILE subject to KOL test". This of course depends on what you and your wife included in your submission. Hopefully you have provided proof that your relationship complies with the following extract from their website

you and your husband, wife or civil partner have been living together outside the UK for four years or more, and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter. These requirements include showing that you have the necessary level of knowledge of the English language and life in the UK (see relevant section of this guidance for more information).

It would have been best to have made it very clear, in your sponsor's letter, that this is what you are applying for. It's a stupid aspect of the process that the VAF4A form covers various types of applications and does not allow the applicant to "tick a box" to indicate the specific nature of the application. At the end of the day, if the wrong visa is provided, you can complain/appeal as I have such problems raised in other recent threads.

Best of luck.

[sonicdragon]

Sonic

I believe that, given the circumstances you quote, you wife will qualify for "ILE subject to KOL test". This of course depends on what you and your wife included in your submission. Hopefully you have provided proof that your relationship complies with the following extract from their website

you and your husband, wife or civil partner have been living together outside the UK for four years or more, and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter. These requirements include showing that you have the necessary level of knowledge of the English language and life in the UK (see relevant section of this guidance for more information).

It would have been best to have made it very clear, in your sponsor's letter, that this is what you are applying for. It's a stupid aspect of the process that the VAF4A form covers various types of applications and does not allow the applicant to "tick a box" to indicate the specific nature of the application. At the end of the day, if the wrong visa is provided, you can complain/appeal as I have such problems raised in other recent threads.

Best of luck.

Thanks again.

I believe we have satisfied all the requirements other than "the necessary level of knowledge of the English language and life in the UK". So according to your point above the quote, they will still grant ILE, but it will be subject to meeting these requirements. I was under the impression that applicants applying up to this moment do not have to satisfy any English Language requirements. If they grant ILE subject to "necessary level of knowledge of the English language and life in the UK" I assume this means she will have to take and pass both tests after arriving in the UK, but before the expiry of the visa ?

Am I correct ?

[Guest jonzboy]

Sonic

I'm no expert on the new English language test, but there are a number of recent and very useful threads on this in this forum. I understand it does not come into effect until late November so any applications submitted before then will not be affected. Suggest you check out these threads and the related links to UKBA website pages.

For KOL test, you are not restricted to passing the test within the limit of the visa (if you are on a 27 month LLE visa), although for obvious reasons it is better to do so as it costs £££ to get an extension. HOWEVER, with the situation that your wife may be granted "conditional ILE" I am not sure if there is a validity period for the visa, or whether it is indefinite (which is my guess as it is a logical assumption given its nature). Perhaps 7x7 will know more.

In any case, there is an alternative to passing the test whereby your wife can undertake a course of studies in ESOL with citizenship content.. This is all explained in the KOL website.

http://www.lifeintheuktest.gov.uk/htmlsite/background_10.html

The test study material and questions used in the test are not easy to understand if English standards are not high, hence the alternative route of ESOL study (but which is time consuming and costly) My friend's wife is now studying this in UK as she does not read English at all, so the test route is out of the question.

I suggest you get hold of the book and other useful study material soonest

http://www.tsoshop.co.uk/bookstore.asp?FO=1240167&trackid=002417

You can get a feel for the standard required in this official practice test

http://www.ukcitizenshiptest.co.uk/

[theoldgit]

You can get a feel for the standard required in this official practice test http://www.ukcitizenshiptest.co.uk/

Well it's a good job UK nationals don't have to take the test, I just got 64%

Edited September 17, 2010 by theoldgit

[sonicdragon]

You can get a feel for the standard required in this official practice test http://www.ukcitizenshiptest.co.uk/

Well it's a good job UK nationals don't have to take the test, I just got 64%

54% for me !!

Obviously one can study and pass quite easily, but many of those questions are completely absurd - eg, How many parliamentary constituencies are there in the UK ?

[Guest jonzboy]

Absolutely, I was the same before I started reading the text book. Knowledge of the language doesn't get you a pass, you have to remember and regurgitate obscure facts and figures and there are few giveaways, with the multiple choice answers being all there or thereabouts. The wife was getting 23/24 or 24/24 after intense study prior to the test (using the official book of sample tests) but if I ask her a question now, as I do just for a joke, not much chance she'll remember!!! But we do have a laugh sometimes when Prime Minister's Question Time comes on SkyTV and she actually quotes all the stats and info about Parliament and things like the title of the "Speaker of the House", like who cares...

[sonicdragon]

The test study material and questions used in the test are not easy to understand if English standards are not high, hence the alternative route of ESOL study (but which is time consuming and costly) My friend's wife is now studying this in UK as she does not read English at all, so the test route is out of the question.

What am I missing here ? How does that work ? The test is in English, so surely a reasonable level of competency in reading is mandatory ? Or are you saying that she is learning to read on the ESOL course ? That must be an uphill struggle ? That makes me wonder what provisions there are for those applicants who are unable to take the test due to handicap (eg blindness, severe dyslexia etc. ) ?

Or does the ESOL course include a spoken equivalent of the the written exam ?

Edited September 18, 2010 by sonicdragon

[Guest jonzboy]

The test study material and questions used in the test are not easy to understand if English standards are not high, hence the alternative route of ESOL study (but which is time consuming and costly) My friend's wife is now studying this in UK as she does not read English at all, so the test route is out of the question.

What am I missing here ? How does that work ? The test is in English, so surely a reasonable level of competency in reading is mandatory ? Or are you saying that she is learning to read on the ESOL course ? That must be an uphill struggle ? That makes me wonder what provisions there are for those applicants who are unable to take the test due to handicap (eg blindness, severe dyslexia etc. ) ?

Or does the ESOL course include a spoken equivalent of the the written exam ?

Sorry, Sonic, I don't have the answers to those questions. I only understand that the study course in ESOL comes in different levels, with level 1 being beginners and so suitable for non-readers. There are other threads on this I am sure, or you can google for a syllabus at a UK institution providing the course.

To avoid the KOL test you need to study the whole course and (presumably) pass the test for entry to the next level. Of course, people with disabilities are catered for

</h4>

<h4 style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0.4em; padding-left: 0px; color: rgb(17, 47, 97); font-size: 14px; ">Exemption because of disability

If you have a long-standing, permanent disability which prevents you from learning English, youmay be exempt from the KOL requirement. To be exempt, you must:

• be suffering from a long-term illness or disability that severely restricts your mobility and ability to attend language classes; or
• have a mental impairment which means that you are unable to learn another language.

When you apply for settlement, you should send us evidence from a medical practitioner confirming your disability.

If you require special arrangements to be able to learn English or take a test, you are not exempt - you still must meet the KOL requirement.

[liveforever]

You can first enter the UK with a settlement visa at any time before it expires. However, if you leave it more than three months then when it expires you will not have been resident in the UK for the required 24 months in order to qualify for ILR and so will have to pay for an expensive extension.

hi 7by7, mate can you just confirm for me that the above is still correct to date; the wife got issued with her spouse settlement visa yesterday and today her friend told her she needs to enter the uk within 28 days from date of issue, i know myself its not true but your expert clarification would be most welcome to my mind.

many thanks for your help throughout our application.

kind regards.

[7by7]

Your wife's informant is way out of date.

Settlement visas used to be valid for 24 months, and one had to be resident in the UK for 24 months in order to qualify for ILR. However, one could, and still can, apply for ILR 28 days before the 2nd anniversary of one's first arrival. This is where the 28 days came from.

Then the government realised that this did not leave much time for people to wind up their affairs and travel to the UK, so many had to apply for an expensive extension in order to satisfy the 2 year requirement. So, they extended the validity of the initial visa to 27 months; about the only fair thing the previous government did with regard to visas!

[liveforever]

Your wife's informant is way out of date.

Settlement visas used to be valid for 24 months, and one had to be resident in the UK for 24 months in order to qualify for ILR. However, one could, and still can, apply for ILR 28 days before the 2nd anniversary of one's first arrival. This is where the 28 days came from.

Then the government realised that this did not leave much time for people to wind up their affairs and travel to the UK, so many had to apply for an expensive extension in order to satisfy the 2 year requirement. So, they extended the validity of the initial visa to 27 months; about the only fair thing the previous government did with regard to visas!

many thanks as always for your reply, you've set my mind at ease.

kind regards.

[samesamebutdifferent]

I just got 38% in the citizenship test. What a farce. How many British people would know the number of constituancies in the UK? Laughable.

[7by7]

The point of the test is twofold. To test the applicant's English ability and also to teach newcomers to the UK something about our history and, as the name of the test says, life in the UK. They learn this by studying the recommended materials.

In my opinion the 'farce' is that this is not taught in UK schools and so most people born and educated here don't know it! But study the book, and you will.