Uk Settlement Visa

[charles]

Hi,

My wife has a UK settlement visa commencing March 1 (we are living together now in Bangkok).

Thing is we may want to delay leaving for the UK a little. Question is...how long have we got after March 1st to get to the UK without messing up the "indefinite leave to remain" application in 2 years time?

I am thinking the answer would be most of March but would greatly appreciate any guidance from those with much more knowledge and experience than me!

Cheers!

[vinny]

The following clauses may be relevant to your query:

3.6. Granting leave to remain

If there is no reason to doubt that the marriage is genuine then, provided the key points are satisfied, leave to remain should be granted for 2 years on Code 1. (In cases where there is reason to doubt the marriage see ANNEX A doubtful cases). The applicant should be advised that he may apply not earlier than one month before the end of the initial 2 year period, for indefinite leave to remain in the United Kingdom on the basis of the still subsisting marriage.

4.3. Delayed travel on Entry Clearances conferring leave to enter

A person who arrives with an entry clearance which has effect as leave to enter as a foreign spouse, but who has delayed their travel to the UK for some time after the "valid from" date, will be unable to complete the probationary period prior to the expiry of their conditions. Where an application for settlement is made, but the applicant does not qualify due to a delay in travel, an extension of stay should be granted to enable the probationary period to be completed. This should be calculated from the date of first arrival in the United Kingdom, when the entry clearance was activated by the Immigration Officer.

See: Section 1 - Spouses

[the scouser]

As Vinny pointed out, you can delay travel to the UK by up to 1 month. Longer than that and she'll run the risk of not immediately qualifying for her indefinite leave.

Scouse.

[GU22]

Which means she will have to apply for Further Leave to Remain at a cost of £335 by post or £500 in person to cover the gap!

One of the requirements for Indefinite Leave to Remain is that she is in the UK legally. If her spouse visa has expired before she can apply for ILR and she doesn't apply for FLR then she runs the risk of her ILR being refused!

To qualify for ILR she needs to have been resident in the UK for 24 months, but she can make the application after 23 months of residency. So, she needs to arrive in the UK on or before 28/3/06 so she can apply on or before 28/2/08.

Once she has submitted her ILR application her spouse visa will automatically be extended until the ILR decision has been made.