Wife Granted Visa To Uk, Thanks All.

[Eastender]

As said, my wife had her interview yesterday and was given her settlement visa.

She said her interview was about 15 minutes long, the first question was 'are you sure you're ready for this interview?', they then mainly asked questions about myself and my family, ie how old was I, when's my birthday, how many brothers, and sisters, their names. She said she answered quickly and confidently which she thought helped. Although I'd prepared loads of documents, copies etc, they apparently didn't check much of it. She went back at 4pm to collect her visa!

As background info, she'd already visited me and family in the UK twice before on a visitors visa, prior to us getting married.

So thanks very much to all who helped by replying to my questions.

And best of luck to all future applicants.

Robin.

Edited September 29, 2005 by Eastender

[MakTB]

Congrats Robin, Great news.

All the best for both of you, just hope ours goes smoothly next week.

MakTB & O

[mrbojangles]

Well done Robin. Congrats to you and Mrs Eastender. Best of luck to you both and be prepared to spend a small fortune on Wooly jumpers and big thick coats

MrBoJ

[Rj 81]

Congratulations

Rj

[mrbojangles]

Robin,

Just as a side note. If i remember rightly, your'e not bringing the wife back until after christmas. Is the visa valid as from today? i can't remember if you have discussed this on here before but if it is valid from today (or yesterday) you might have problems in 2 years when applying for ILR.

MrBoJ

[Eastender]

You'r right, she's not coming here until mid Jan, it makes sense cause we're having the weding ceremony and party on Dec 31st in Thailand.

I presume the visa is valid from now, but I'll call her in the morning to check.

Yes I need to know if this causes a problem, can anyone help?

[GU22]

It can be a problem. To qualify for indefinite leave to remain (ILR) she will have had to have been in the UK for 2 years, although she can apply 4 weeks prior to this so effectively 23 months.

So, if she arrives in Jan 2006 she cannot apply for ILR until Dec 2007, but her visa will expire in September! This means she would need to apply for further leave to remain (FLR) until she qualifies for ILR. This currently costs £335 by post! Then, 3 months later she applies for ILR, costs another £335 by post!

The start date for a visa can be deferred for up to 3 months, so you should get onto the embassy immediately and see if you can get the visa deferred until January. This would certainly have been ok if asked for at the time of the application/interview, but if the visa has now been issued I'm not sure. But if you don't ask, you wont get.

Good luck.

[bozy]

Well done! me & the wife will have a drink on you the both,too England

[Eastender]

Thanks all,

GU22, shame I didn't think before hand. I thought all visa's started from their first use date and this would be the same.

As I'm still not sure when she'll be flying, I'd better just go for the FLR option.

Cheers,

Robin.

[GU22]

Have you called the embassy to see if you can have the start date deferred?

If they say "No" all you've lost is the cost of a phone call; but if they say "Yes" you've saved at least £335!

[Richard W]

It can be a problem. To qualify for indefinite leave to remain (ILR) she will have had to have been in the UK for 2 years, although she can apply 4 weeks prior to this so effectively 23 months.

So, if she arrives in Jan 2006 she cannot apply for ILR until Dec 2007, but her visa will expire in September! This means she would need to apply for further leave to remain (FLR) until she qualifies for ILR. This currently costs £335 by post! Then, 3 months later she applies for ILR, costs another £335 by post!

<{POST_SNAPBACK}>

No!

The visa is effectively permission to enter the UK for a specific reason - and can be withdrawn if cicumstances appear then to be different to what the entry clearance officer understood them to be. Do check on the validity of the visa itself - I can't remember if it has to be used within 3 months or within 6 months.

On entry to the UK, Eastender's wife will be given leave to remain in the UK for 2 years from the data of arrival. The application for ILR should be lodged in the last month of that 2 year period. If the application is lodged earlier, it may be rejected without refund because she is not coming up to the completion of the two year 'probationary' period. (That has happened.)

Moral: Do not confuse a visa with 'leave to remain'. Legally, they are rather different.

Edited October 3, 2005 by Richard W

[deus ex machina]

It can be a problem. To qualify for indefinite leave to remain (ILR) she will have had to have been in the UK for 2 years, although she can apply 4 weeks prior to this so effectively 23 months.

So, if she arrives in Jan 2006 she cannot apply for ILR until Dec 2007, but her visa will expire in September! This means she would need to apply for further leave to remain (FLR) until she qualifies for ILR. This currently costs £335 by post! Then, 3 months later she applies for ILR, costs another £335 by post!

<{POST_SNAPBACK}>

No!

The visa is effectively permission to enter the UK for a specific reason - and can be withdrawn if cicumstances appear then to be different to what the entry clearance officer understood them to be. Do check on the validity of the visa itself - I can't remember if it has to be used within 3 months or within 6 months.

On entry to the UK, Eastender's wife will be given leave to remain in the UK for 2 years from the data of arrival. The application for ILR should be lodged in the last month of that 2 year period. If the application is lodged earlier, it may be rejected without refund because she is not coming up to the completion of the two year 'probationary' period. (That has happened.)

Moral: Do not confuse a visa with 'leave to remain'. Legally, they are rather different.

<{POST_SNAPBACK}>

I think this advice may be a little misleading.

The visa is issued on the basis that leave to enter the UK has also been granted and the clock starts running from the date given as the beginning of its validity.Any arrival in the UK should therefore be timed to coincide as near as possible with that date,but not before, so as to avoid a subsequent unnecessary application for leave to remain. The immigration officer at the port of entry simply endorses the visa with a date stamp signalling the first occasion it was presented to him.The visa itself has a currency of 2 years and an application for leave to remain should be submitted to the Home Office 1 month before its expiry.If you get your dates right then the application should be successful since the 2 year probationary period will have been completed.

If the basis upon which the visa was issued alters materially, the immigration officer has the power to cancel the leave to enter conferred by the visa but any decision to do so would attract the right of appeal.

[the scouser]

Richard,

Your statement is correct as the rules used to apply, but for circa the last 5 years, the visa also confers the leave to enter (para 25A of the rules) and, as deus ex machina states, the IO on arrival just date stamps the visa. So, in the case of a spouse application, the 2-year probationary period starts ticking from the day the visa is issued (unless post-dated). Consequently, as GU22 stated, those who arrive in the UK later than 1 month after the effective date of the visa will not qualify for indefinite leave to remain upon the expiry of their initial leave to enter.

An IO can still overturn the visa, but only in limited circumstances, as detailed in paragraph 321 of the immigration rules.

Also, whilst discussing legal technicalities, an IO or visa officer grants leave to enter whilst an extension obtained within the UK is deemed to be leave to remain.

Scouse.

[GU22]

Richard,

Your statement is correct as the rules used to apply.......

Exactly.

Richard, I'm sorry, but the procedures have changed. As Scouse says, your information is about 5 years out of date. A settlement visa now starts on the date it was issued, unless the applicant asks for it to be deferred.

So:-

The visa will have a start date on it. The holder cannot enter the UK before that date, but can anytime after.

In the case of a 2 year spouse visa, it expires two years after this start date.

On first entry the IO will place a date stamp on or near to the visa. To qualify for ILR one has to have been in the UK for at least 2 years, although one can apply 1 month prior to the 2nd anniversary. The 2 year period starts from this date.

If there is a gap of more than one month between the start date of the visa and the first entry to the UK, then the visa will expire before one can apply for ILR. Therefore, an application for FLR will need to be made to cover this gap, otherwise one will be in the UK illegally and so unable to apply for ILR.

Moral: If you are going to give advice, you must stay up to date!

2nd, and more important, moral. If there is going to be a gap of a month or more between receiving the visa and travelling to the UK for the first time; ask for the start date of the visa to be deferred.

(Apols if some of the terminology is wrong, but I hope people get the gist.)

Robin, have you contacted the embassy yet?

Edited October 4, 2005 by GU22

[IvanLaw]

Well done Robin. Congrats to you and Mrs Eastender. Best of luck to you both and be prepared to spend a small fortune on Wooly jumpers and big thick coats 

MrBoJ

<{POST_SNAPBACK}>

We will “Second” the Congratulations ,

(Don’t forget to alter the central heating)

Regards and Chookdii

Ivan & Oi

[Eastender]

Thanks again all.

The Mrs has been calling the embassy since I asked her to a few days ago but unable to get through. However, I know she's reluctant to take her precious visa back there now in case they change their mind and take it back!!! I will hassle her to call them again though.

I've asked her to read it over the phone and I haven't yet heard anything about a restriction on how long she can use it after it being issued, so hopefully mid January should be OK.

[the scouser]

Hi mate,

The only restriction upon the visa's use is its expiry date. The potential difficulty arises when the visa expires and your wife hasn't spent at least 23 months in the UK.

Cheers,

Scouse.

[mrbojangles]

Hi Eastender,

As Scouse says, your hassles will come in 2 years time when going for ILR. It will cost an additional £335 ( now i think) but in 2 years time it might be more? As well as extra paperwork, applications and maybe Embassy visits and phone calls. Is it not possible to get her here sooner to "kick off" the process? You could probably get a flight for less than £335 and it will save all the grief in 2 years. Just a thought. Good luck buddy

[GU22]

That's a good thought!

Even if she just comes a week or two, she will have that first date of entry stamped in her passport, and that is the date her 2 year qualifying period will start from.

She can then return with you for the wedding party and the two of you come back in Jan. It may be a little more expensive than applying for FLR in 2007, but will be a lot less hassle.