Entering The Uk After Being Granted Uk Settlement Visa

[shaney24]

Does anyone know if there is a timescale within which you must enter the UK once you have been granted a UK spouse visa? I seem to remember reading that you only have 3 months to 'activate' your visa. Could anyone clarify this for me?

[toddmeister]

I may be wrong but the way I see it is this. The settlement visa is valid for 27 months and the spouse can enter any time after the visa is issued. However, when applying for ILR the spouse must have spent 2 years (24 months) inside the UK. So if they enter more than 3 months after the visa is issued they will not be able to show enough time spent in the UK to apply for ILR. So effectively from the date the visa is issued, the spouse has 3 months to make arrangements and travel to the UK. I believe you can ask for the visa to start from a specific date too?

The experts will be able to confirm if this is correct

Regards

[7by7]

Spot on, toddmeister.

If one hasn't spent the required 24 months in the UK when the visa expires then they will have to pay for an expensive extension.

UK visas usually start on the date they are issued, and 3 months is enough for most people to wind up their affairs and travel. If it isn't, then as toddmeister says you can ask for the start date of the visa to be postdated for up to 3 months; though if you do this you cannot then use it before the start date you requested.

[marksm]

is there a time scale with a fiancée visa with you only getting 6 months ?

[ThaiVisaExpress]

is there a time scale with a fiancée visa with you only getting 6 months ?

The visa lasts 6 months & is valid from the start date not from the date you enter the UK.

[Thongkorn]

Personally if i had gone through the difficult process of acquiring a Settlement visa i would have the little lady there asap.

[marksm]

is there a time scale with a fiancée visa with you only getting 6 months ?

The visa lasts 6 months & is valid from the start date not from the date you enter the UK.

and the vistors visa is when you enter the uk ?

[7by7]

No, UK settlement and visit visas all begin on the date they are issued, unless a later date is requested in the application.

Both settlement and visit visas can be postdated for up to 3 months.

[marksm]

Ok I asked for 3/02/11 on my g/f visitors visa on the the visa it said from the 20/1/11 too 20/7/11 but whe didn't end up gettin to the uk till the 9th of feb and she returned on the 23rd of July has she overstayed ?

[rawhod]

Ok I asked for 3/02/11 on my g/f visitors visa on the the visa it said from the 20/1/11 too 20/7/11 but whe didn't end up gettin to the uk till the 9th of feb and she returned on the 23rd of July has she overstayed ?

In a word...Yes

If you apply again for a UK visitor visa you will need to explain why she overstayed.

[marksm]

Am goin for a fiancé visa how can explain the situation ?

[raven0099]

mmm interesting to here this , me and my fiance are planning to get married at the end of November and then plan to submit a settlement visa application , sometime in december , so allowing 10 to 12 weeks for the processing of the visa application this would take us to mid to late march , we were however only planning for my then wife to travel to the UK at the end of June ,

So would i be correct in saying that you can only postdate the visa from the date of subbmission of the application ?

Or is it postdated from the date the visa is granted ?

And how much is the expensive extension you mentioned ?

[7by7]

Ok I asked for 3/02/11 on my g/f visitors visa on the the visa it said from the 20/1/11 too 20/7/11 but whe didn't end up gettin to the uk till the 9th of feb and she returned on the 23rd of July has she overstayed ?

Am goin for a fiancé visa how can explain the situation ?

It was her responsibility to check that the visa had been postdated as requested and have any error corrected at the time. It was also her responsibility to ensure she knew the expiry date of her visa and left the UK on or before that date.

However, if she explains the situation as you have done above she will probably be ok. The overstay was only for 3 days and her request to have the visit visa postdated will be on record.

mmm interesting to here this , me and my fiance are planning to get married at the end of November and then plan to submit a settlement visa application , sometime in december , so allowing 10 to 12 weeks for the processing of the visa application this would take us to mid to late march , we were however only planning for my then wife to travel to the UK at the end of June ,

So would i be correct in saying that you can only postdate the visa from the date of subbmission of the application ?

Or is it postdated from the date the visa is granted ?

And how much is the expensive extension you mentioned ?

The '3 months' is counted forward from the date the application is submitted, so if submitting an application in December the latest you could have it post dated to would be March. The visa will begin on the date the applicant requests or the date it is issued, whichever is the later.

Waiting times for all applications start to increase around March and then start reduce again around September each year. There is no guarantee that your wife will have a processing time of 10 to 12 weeks. If she submits in December it could easily be 10 to 12 days; or less!

If the intention is to move to the UK in June, then I'd submit in March with a request to postdate to June.

The cost of the extension, known as Further Leave to Remain, is currently £550 by post or £850 in person. These fees have regularly been increased above inflation by successive governments.

[raven0099]

Ok I asked for 3/02/11 on my g/f visitors visa on the the visa it said from the 20/1/11 too 20/7/11 but whe didn't end up gettin to the uk till the 9th of feb and she returned on the 23rd of July has she overstayed ?

Am goin for a fiancé visa how can explain the situation ?

It was her responsibility to check that the visa had been postdated as requested and have any error corrected at the time. It was also her responsibility to ensure she knew the expiry date of her visa and left the UK on or before that date.

However, if she explains the situation as you have done above she will probably be ok. The overstay was only for 3 days and her request to have the visit visa postdated will be on record.

mmm interesting to here this , me and my fiance are planning to get married at the end of November and then plan to submit a settlement visa application , sometime in december , so allowing 10 to 12 weeks for the processing of the visa application this would take us to mid to late march , we were however only planning for my then wife to travel to the UK at the end of June ,

So would i be correct in saying that you can only postdate the visa from the date of subbmission of the application ?

Or is it postdated from the date the visa is granted ?

And how much is the expensive extension you mentioned ?

The '3 months' is counted forward from the date the application is submitted, so if submitting an application in December the latest you could have it post dated to would be March. The visa will begin on the date the applicant requests or the date it is issued, whichever is the later.

Waiting times for all applications start to increase around March and then start reduce again around September each year. There is no guarantee that your wife will have a processing time of 10 to 12 weeks. If she submits in December it could easily be 10 to 12 days; or less!

If the intention is to move to the UK in June, then I'd submit in March with a request to postdate to June.

The cost of the extension, known as Further Leave to Remain, is currently £550 by post or £850 in person. These fees have regularly been increased above inflation by successive governments.

Hi , thanks for your reply , so the further leave to remain extension is always granted if you pay for it ?

How long does the extension last ?

I was thinking that we would still apply in december then if not successful we could re-apply later in the year

I actually was excpecting the extension to be a lot more expensive than that and could probably go for it, if it was for a decent amount of time

What happens with appeals could you give a brief explanation regarding this ?

Thanks

[7by7]

FLR is only granted if the applicant shows that they qualify. See Husband, wife or civil partner of a British citizen or settled person.

FLR usually lasts for 24 months, but if applying for it because you do not yet meet all the requirements for Indefinite Leave to Remain then you can apply for ILR as soon as it's requirements are met without waiting for the FLR to expire.

See here for information on ILR.

[7by7]

What happens with appeals could you give a brief explanation regarding this ?

Sorry, missed this bit.

My knowledge of appeals is somewhat limited, but my understanding is:-

If a refusal has the right of appeal, which settlement refusals do, with the refusal notice will be details of how to appeal. Notice of intention to appeal must be submitted within 28 days of the refusal.

On receipt of the notice of appeal the first thing the Entry Clearance Section at the embassy will do is review the decision and see if they consider there are grounds for overturning the refusal in post; if there are then they will do so, if not the appeal will be sent to the First-tier Tribunal (Immigration and Asylum Chamber) in the UK.

The tribunal will only consider whether or not the refusal was correct based upon the appellants circumstances at the time. Appellants may submit new evidence, but only as it pertains to their circumstances at the time of the refusal. Any change in circumstances since then will not be considered.

If the tribunal finds in favour of the appellant then the Entry Clearance Section at the embassy will be instructed to issue the visa.

If they find against the appellant then I'm afraid I don't know if this can again be appealed against.

For more details, see Appeals and the links from there. You will see that the appeal process is a long, drawn out one; not helped by embassies dragging their feet!

Others, such as ThaiVisaExpress and VisaPlus, know far more about appeals than I, so hopefully they will be able to correct any errors in the above.

Finally, Entry Clearance Officers are human and as capable of error as the rest of us. However, from my reading of appeal cases it appears to me that most successful appeals are successful because the appellant submitted extra evidence that the ECO was not privy to at the time of the original refusal. Moral: prepare the application thoroughly!

[samsingsong]

To quote toddmeister

"I may be wrong but the way I see it is this. The settlement visa is valid for 27 months and the spouse can enter any time after the visa is issued.However, when applying for ILR the spouse must have spent 2 years (24 months)inside the UK.So if they enter more than 3 months after the visa is issued they will not beable to show enough time spent in the UK to apply for ILR. …"

I'm wondering if this should be a worry for us? My wife & I have been together for nearly 7 years, married for nearly 5 years, and for the last 6years we have spent almost 6 months a year (summers) at our home in the UK.

I want to apply for a Settlement Visa for my wife as soon as we return to Thailand in October. However we don't really want to 'settle' as such. We want to continue living 50/50 - UK/Thailand for the foreseeable future. I want my wife to have ILR(Indefinite Leave to Remain?) in case at anytime in the future we need to stay in the UK for longer than the 6 months her visitors visa allows, e.g. due to my hospital treatment, etc.

So would we really have to spend 24 months in the UK for her to qualify for ILR? (Nightmare!). Although of course added together, she has spent more like 3 years in the UK over the past 6 years.

Will the UKBA grant a Settlement Visa on this (come & go) basis?

Edited September 6, 2011 by samsingsong

[toddmeister]

Again, I'm not sure about this. But if you have been living together as husband and wife for more than 4 years already, I believe your wife would be granted ILR when applying for the settlement visa.

[bobrussell]

ILR is a settlement visa designed for those wishing to settle in the UK!

The alternative would be to go for a longer period multi-entry (as almost all UK Visas are) visit visa. This would seem to fit the bill. It will allow up to six months in the UK in any year (this is not set in stone as a maximum but is given as a guide) and the visa can last up to 10 years.

You will need to show that the applicant can be supported and housed and has a reason to return (as with all visit visas) but with a long track record including marriage I would be surprised if there is much resistance from the Embassy!

This does not normally allow work or access to public funds or the NHS!

[housepainter]

Not meant to be off the point but rather what to do when you actually arrive here together.

We came through Heathrow and were told to follow the Blue signs. That is, she goes one way and I the other.

That is not correct.

Keep her with you.

Take her with you to the UK Passport immigration Exit desks.

As a UK Passport holder, and as she is travelling with you, the desk will check your UK passport and as a married couple check hers too. That way it is faster and avoids her standing and waiting alone in that immensely long 'non-EU Passport Holder' queue.

What actually happens is that they simply look at her passport and take a finger print scan. It's done in seconds and the chap on the desk was helpful and friendly.

We flew through Mumbai and the Indian immigration were over zealous in delaying my wife, checking the passport and just being bloody minded. I intervened and we were on our way.

Direct flights obviously being a better choice.

Edited September 7, 2011 by housepainter

[VisasPlus]

What happens with appeals could you give a brief explanation regarding this ?

Sorry, missed this bit.

My knowledge of appeals is somewhat limited, but my understanding is:-

If a refusal has the right of appeal, which settlement refusals do, with the refusal notice will be details of how to appeal. Notice of intention to appeal must be submitted within 28 days of the refusal.

On receipt of the notice of appeal the first thing the Entry Clearance Section at the embassy will do is review the decision and see if they consider there are grounds for overturning the refusal in post; if there are then they will do so, if not the appeal will be sent to the First-tier Tribunal (Immigration and Asylum Chamber) in the UK.

The tribunal will only consider whether or not the refusal was correct based upon the appellants circumstances at the time. Appellants may submit new evidence, but only as it pertains to their circumstances at the time of the refusal. Any change in circumstances since then will not be considered.

If the tribunal finds in favour of the appellant then the Entry Clearance Section at the embassy will be instructed to issue the visa.

If they find against the appellant then I'm afraid I don't know if this can again be appealed against.

For more details, see Appeals and the links from there. You will see that the appeal process is a long, drawn out one; not helped by embassies dragging their feet!

Others, such as ThaiVisaExpress and VisaPlus, know far more about appeals than I, so hopefully they will be able to correct any errors in the above.

Finally, Entry Clearance Officers are human and as capable of error as the rest of us. However, from my reading of appeal cases it appears to me that most successful appeals are successful because the appellant submitted extra evidence that the ECO was not privy to at the time of the original refusal. Moral: prepare the application thoroughly!

7x7's advice on appeals is pretty much correct, but I just want to add that things may change shortly. Some time ago UKBA said that they intended to bring in charging for appeals in October this year. Since that announcement we have heard nothing, but it may well be that charges are suddenly introduced, without warning, as UKBA tend to do such things. At the moment appeals, where there are appeal rights, are free. The proposal to charge for appeals also included the fact that you will no longer be able to submit an appeal overseas, and the appeal will have to be submitted in, or to, the UK.

As 7x7 also said, the submission of an appeal currently triggers a free review process. at the refusing post. There has been no explanation of how the review process will operate when appeals have to be submitted in the UK, and a fee has to be paid. It may be that the review process will be discontinued, but, again, we have no information.

[samsingsong]

ILR is a settlement visa designed for those wishing to settle in the UK!

Thank you toddmeister and bobrussell for your comments regarding my previous post, asking if we need to remain in the UK for over 24 months if my wife is granted a Settlement Visa.

We want to continue what we've been doing for the last 6 years, that is stay the winter months in Thailand, and the summer at our home in England.

In answer to bobrussell's comment "ILR is a settlement visa designed for those wishing to settle in the UK!"

My wife currently has a 5 year Visitors Visa, which allows a maximum of 6 months stay in a one year period.

We had a problem a couple of years ago when I was having some urgent medical treatment which dragged on for months – beyond her allowed stay. So my wife had to return to Thailand alone. She was terribly upset, and concerned at not being able to stay and take care / help me while I was so unwell. When we said goodbye we didn't know when (and if) we would see each other again. Very distressing for us both, and we never want that to happen again!

So this our reason for wanting a Settlement Visa and her right to remainin the UK. Surely, we don't have to remain in the UK for 24 months straight on entry with a Settlement Visa? I don't see the point in that, as long as any required test is taken within the allowed 24 months? Hopefully as todmeister suggests, as we've been married nearly 5 years, my wife might get ILR with her visa?

Any other expert opinion much appreciated!

Edited September 7, 2011 by samsingsong

[bobrussell]

The six months in any twelve months is only a guide issued to UKBA staff. If there are particular reasons why a longer stay is justified there is no legal reason why this should be prevented by immigration.

I have to say that there does seem to be a gap between visit visas and settlement visas for those splitting their lives between two or more countries.

The UKBA website says:

Time spent outside the UK

The Immigration Rules do not say that you must have been in the UK for the entire 2 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

However, time spent outside the UK does make a difference to applications for British citizenship. If you apply to be naturalised as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last 3 years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the UK during those 3 years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the 3-year period. (We have discretion to allow absences above the normal limits in some circumstances.)

Not particularly helpful to you. I would suggest you email the Embassy for advice but I suspect they may just point you back to the website. This does suggest that you may be able to get ILR based on your marriage history but I would hate to risk a grand on an application that is going to be 'judged on its merits'. Absolutely unhelpful I am afraid!

[samsingsong]

The six months in any twelve months is only a guide issued to UKBA staff. If there are particular reasons why a longer stay is justified there is no legal reason why this should be prevented by immigration.

I have to say that there does seem to be a gap between visit visas and settlement visas for those splitting their lives between two or more countries.

The UKBA website says:

Time spent outside the UK

The Immigration Rules do not say that you must have been in the UK for the entire 2 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

However, time spent outside the UK does make a difference to applications for British citizenship. If you apply to be naturalised as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last 3 years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the UK during those 3 years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the 3-year period. (We have discretion to allow absences above the normal limits in some circumstances.)

Not particularly helpful to you. I would suggest you email the Embassy for advice but I suspect they may just point you back to the website. This does suggest that you may be able to get ILR based on your marriage history but I would hate to risk a grand on an application that is going to be 'judged on its merits'. Absolutely unhelpful I am afraid!

Thanks very much bobrussell, and that is most helpful. I agree that I must get some clarification before we apply for the Settlement Visa - too much to loose on the whim of an ECO!

Actually I was told about this requirement 4 years ago when I was going to apply for a Settlement Visa. I emailed the British Embassy explaining our position. After about a month I got a reply saying 'if you only want to visit get a visitors visa' So I wrote back, thanking them for their reply, but asking them to please answer the specific question I asked: 'If we enter the UK on a Settlement Visa do we have to stay for 24 months?' After another 3 weeks I got the same reply as the first time! So with time running out we went for & got a 5 years Visitors Visa. But since those days the cost & requirements of a Settlement Visa have gone up & up, and I think that really we should have been able to go for a Settlement Visa that first time & saved a load of hassle & money!

Any more advice anybody PLEASE!

,

[samsingsong]

The six months in any twelve months is only a guide issued to UKBA staff. If there are particular reasons why a longer stay is justified there is no legal reason why this should be prevented by immigration.

By the way Bob, re what you say above: That time I mentioned before when my wife had to return to Thailand as I was stuck in the UK for over 6 months having hospital treatment;

Well I did phone the UKBA to ask for an extension of stay for her, but it was refused. I saw my MP, he contacted the UKBA on my behalf again, but they said NO not under any circumstances could my wife remain in the UK to look after me. (the hospital staff were horrified that I'd be alone!). So could my wife have just overstayed that time? What would have happened when we next arrived at Heathrow Immigration... wouldn't they possibly refuse entry as she's ovrstayed previously?

[robbomcc]

Not meant to be off the point but rather what to do when you actually arrive here together.

We came through Heathrow and were told to follow the Blue signs. That is, she goes one way and I the other.

That is not correct.

Keep her with you.

Take her with you to the UK Passport immigration Exit desks.

As a UK Passport holder, and as she is travelling with you, the desk will check your UK passport and as a married couple check hers too. That way it is faster and avoids her standing and waiting alone in that immensely long 'non-EU Passport Holder' queue.

What actually happens is that they simply look at her passport and take a finger print scan. It's done in seconds and the chap on the desk was helpful and friendly.

We flew through Mumbai and the Indian immigration were over zealous in delaying my wife, checking the passport and just being bloody minded. I intervened and we were on our way.

Direct flights obviously being a better choice.

Hi what happens if travelling with your fiancee i was going to stay with her and go through the non-eu passport control but could she stay with me and go though uk passport holders control ?

[7by7]

Whether or not a non EU national is allowed to accompany their EU national partner through the EU desks is at the discretion of the Immigration Officer(s) on duty there.

Usually there is not a problem, but it's best to ask first.

You would definitely be allowed to accompany your fiance through the non-EU desks.