Do They Read The Information

[scottjbarrow]

Ok people,

A couple of questions. This is by no means a complaint as I know we are very lucky to get a SV. However, on the application form, at the time of application and covering letters etc we mentioned that we wouldn't be travelling till May at least as my other half has to give notice etc.

When we went to pick up the visa mid-march we noticed the visa was back dated to the 1st March, even though we had asked for it to me dated from the 1st May. Having complained they simply said they would not change it. This then means we lose 2 months off the visa.

Questions:-

1. Why would they do this?

2. This now means I have to apply for an extension in the UK if we wish to later apply for her to stay in the uk, is this correct?

3. Are they just trying to get extra money out of us?

4. Is there anything we can do about this?

As I said this isn't a complaint, I just can't understand why they ask for dates of travel etc when they take no notice of it.

Thanks is advance

Scott.

[chareehusbee]

Is this for SV or TV? SV's usually have an "activation" period (about 6 months), in which the visa-holder has to enter the country (this is at least true for Oz SV's). Is that the issue?

I could see an issue for TV but miss your concern for SV...

Is SV short for "Settlement Visa" for UK? Is a Settlement Visa the same as Spouse Visa?

Excuse my ignorance, maybe I'm barking up the wrong tree completely. If so please ignore this post!

[vinny]

The SV is a spouse visa and enables people to apply for settlement in the UK after two years.

I suspect their putting in the incorrect date is just sloppiness on the part of their clerical staff when typing up the visa.

The earliest time you can apply for the ILR is after spending 23 months in the UK and your leave to enter/remain would have run out before then. See CHAPTER 8 SECTION 1 SPOUSES, sections 3.6 Granting leave to remain and 4.3 Delayed travel on Entry Clearances conferring leave to enter. So, if uncorrected, you may have to apply for a Further leave to remain (FLR) prior to the Indefinite leave to remain (ILR). You may have to pay £335 (by post) or £500 (in person) extra (current rates) for the privilege. See Information about new charges.

Who did you complain to? I am surprised at their response. Given your written notice of the intended arrival date on the application form and their general instructions (below) on the matter, they have no reasonable excuse not to amend their typing error. It would have been the similar if they had typed your name wrongly. You provided the relevant information on the application form.

There are a few people you can complain to at the Embassy.

Personally, I would inform the Ambassador, currently H.E. Mr. David William Fall. He should be made aware of his staff's neglect.

Also possible:

Mr. Andrew John Pearce, Counsellor and Deputy Head of Mission

Mrs. Alayne Anne Howard, Second Secretary (Immigration)

Your ECO.

See 1.4 - Validity of entry clearance and leave to enter:

The validity of entry clearance and leave to enter are normally the same. There are two significant dates on the entry clearance, the 'effective' date and the 'expiry' date. In most cases, the 'effective' date will be the date on which the entry clearance is issued. However, some applicants may not intend or be able to travel to the UK immediately following their application and Entry Clearance Officers have discretion to defer the 'effective' date for up to three months after entry clearance has been authorised. Therefore, to prevent unnecessary applications for an extension of stay, Entry Clearance Officers should confirm an applicant’s date of travel. For applicants in long-term categories who are subject to either a qualifying period before applying for settlement, or to a limit on their total length of stay in that category (i.e. work permit holder and their dependants, UK ancestry, au pairs, and working holidaymakers), leave to enter should begin on the date they arrive in the UK (within the three month limit). This will ensure that the maximum leave to which they are entitled is given.

[am05]

....I am in exactly the same position as you!...

we applied on 7th..the mrs got her phone call to pick her visa up a week later

on picking up her visa it was dated 8th march........although i am going back to uk next week...the mrs will not be coming until end of april at the earliest (notice,saying her goodbyes etc etc)...... so we have lost nearly 2 months....

although we are really happy we got the visa.. if we have 1/2 holidays to thai in our first 2 years, we will be 3 months short of 23 months...through no fault of our own, so it has taken the gloss off of it a bit

i would imaging this must happen a lot, as not many people get the visa and travel immediatly, and people that dont read boards like this would not even know in the first place!....

i just hope that there isnt any problems (apart from the expense!!) applying for the extension, prior to applying for indefinate leave to stay......

still,.. at least the hard bit is over and done with

[chareehusbee]

Oh I see... this appears to be a UK-specific issue, as your rules appear different from our's (at least from what I can see). Don't mind me...just passing thru...

[GU22]

I'm sure that there is nothing sinister to this; just pure laziness/sloppiness by the clerical staff. It does seem to be happening more to those who have been given a short interview, and no one at the embassy seems to have considered the implications for ILR qualification.

However, it is unacceptable.

As Vinny has shown, there are specific instructions in the DPS to cover this, and the ECOs in Bangkok should be abiding by them.

I would ask anyone who has been affected by this to write to Mrs. Alayne Anne Howard, Second Secretary (Immigration), with a copy to the Ambassador, H.E. Mr. David William Fall, pointing out that Para 1.4 of the Diplomatic Service Procedures specifically says that applicants for a long term visa should be asked when they are travelling and the visa dated accordingly, and asking why her staff are not doing so.

[vinny]

although we are really happy we got the visa.. if we have 1/2 holidays to thai in our first 2 years, we will be 3 months short of 23 months...through no fault of our own, so it has taken the gloss off of it a bit

See CHAPTER 8 SECTION 1 SPOUSES

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

4.5. Further guidance

There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules. Spouses serving in HM forces and living together abroad would, for the purposes of the probationary period, be deemed to be living in the United Kingdom. Further information on spouses of HM Forces and others who benefit under this provision can be found in paragraph 7 below.

The date of first arrival in the UK is significant. The FLR(M) (FLR application on the basis of marriage) or SET(M) (ILR application on the basis of marriage) application must be made before the expiry date of the visa. In practice, after arriving, short absences from the UK within the probationary period is acceptable.

However, absences of longer than 90 days per year may affect later UK citizenship applications.

Edited March 17, 2006 by vinny

[GU22]

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

There is no doubt that such an extention would be granted, but the applicant will have to pay the fee; £335 by post or £500 in person!

And then pay again a month or 3 later for ILR!!!

[vinny]

See also Settlement Visa Success, further questions for a similar situation. In particular, see bozy's further success.