Activation Period For A Spouse Settlement Visa

[TheGoose]

I've had a look at the UKBA & VFS websites to see if I can find an answer to my question but can't find anything so I was wondering if anyone on here knew. Is there a time period from when you receive a Spouse Settlement visa in Thailand to when you activate it by leaving Thailand & coming to the UK ? A friend has told me he had to activate his within 2 to 3 weeks of receiving the visa.

[Thai Visa Express]

The visa is issued for 33 months. This gives 3 months in which to travel and enter the UK. Providing the holder enters any time before the end of the 3 month period, then he/she will be in the UK for the required 30 month qualifying period that is required to apply for Further Leave to Remain.

[7by7]

In addition; the visa will be valid from, 'activated' if you like, from the day it is issued.

However, you can request that the valid from date be post dated for up to three months when submitting the application. If you do ask for it to be post dated it cannot be used before the requested date.

[TheGoose]

Thanks for the replies. I contacted our friend in Thailand who helped my wife with her visa application & she has said we have to come to the UK within 28 days ! I did find the following on the settlement section of the UKBA website :-

"If you were given a visa in this category but you then delayed your travel to the UK by up to 3 months, you can apply for settlement using application form SET(M) shortly before your visa expires. Provided you meet all the other requirements, we will put your application on hold until you have completed your 5 year qualifying period in the UK."

Also I notice when you apply from outside the UK your initial visa is for 33 months whereas if you move into this category from within the UK your initial visa is only for 30 months. This all suggests that you do have 3 months to enter the UK from abroad once the visa is issued as you have both suggested.

In summary then it's definitely 3 months not 28 days ?

[7by7]

There are three applications that a spouse needs to make in order to obtain Indefinite Leave to Remain in the UK.

1) Initial spouse visa. This is valid for 33 months and allows their initial entry to the UK to live.

2) After living in the UK for at least 30 months they then apply for Further Leave to Remain. This is valid for 30 months.

3) At the end of the FLR they then apply for ILR. Assuming all the other requirements, e.g. language, are met; if not then additional FLR application(s) will be needed until they are met.

The initial spouse visa will be valid from the day it is issued, so the holder has up to three months in which to settle their affairs and move to the UK. If they delay beyond this then the visa will expire before they have lived in the UK for 30 months so they will have to make an additional FLR application to cover the gap.

However, they can request in he application that the start date be postdated for up to 3 months, so if necessary they could have up to 6 months in which to move to the UK.

At both 2 and 3 they can submit the application up to 28 days before the end of the 30 months; which is probably where your friend got their 28 days from.

[TheGoose]

Thanks for the detailed reply

[TheGoose]

There are three applications that a spouse needs to make in order to obtain Indefinite Leave to Remain in the UK.

1) Initial spouse visa. This is valid for 33 months and allows their initial entry to the UK to live.

2) After living in the UK for at least 30 months they then apply for Further Leave to Remain. This is valid for 30 months.

3) At the end of the FLR they then apply for ILR. Assuming all the other requirements, e.g. language, are met; if not then additional FLR application(s) will be needed until they are met.

The initial spouse visa will be valid from the day it is issued, so the holder has up to three months in which to settle their affairs and move to the UK. If they delay beyond this then the visa will expire before they have lived in the UK for 30 months so they will have to make an additional FLR application to cover the gap.

However, they can request in he application that the start date be postdated for up to 3 months, so if necessary they could have up to 6 months in which to move to the UK.

At both 2 and 3 they can submit the application up to 28 days before the end of the 30 months; which is probably where your friend got their 28 days from.

Thanks for all the information. I assume at step 2 its the FLR(M) form & at step 3 the SET(M) form ?

[7by7]

Yes, at the moment.

This may change as the forms are updated to take account of changes in the rules etc., so check closer to the relevant time.

[TheGoose]

Yes, at the moment.

This may change as the forms are updated to take account of changes in the rules etc., so check closer to the relevant time.

Cheers