Moving to UK - Settlement visa or Family Visa?

[Jeff Cowie]

I've read some past threads and am now somewhat confused.  I'm a UK born citizen and wish to move back to the UK with my non UK wife (of 10 years).  She has no current UK visa and we have not lived together in the UK previously.

 

A previous thread suggests that a settlement visa would be the correct option, however when I check on the GOV.UK website it states under Eligibility:

 

Eligibility

You need to have been living in the UK with a ‘partner of a settled person’ visa for:

• 2 years if you applied for your visa before 9 July 2012
• 5 years or 10 years if you applied for your visa on or after 9 July 2012

Read the guidance for the 2-year route and the 5- and 10-year routes.

 

Am I missing something here?  Has there been a recent change?  Should she be applying under a Family Visa instead of a Settlement Visa?

 

Many thanks in advance.

[theoldgit]

The requirements you've attached above are for those already in the UK.

 

As you're a British National and married but not living in the UK at the moment, your wife needs to apply for a Settlement Visa. You will need to meet the financial requirements whilst she will need to pass a short English Test and take a medical examination to prove she's clear of TB. 

 

The advice given in the old thread that your colleague started, especially post number 3 drafted by 7by7 on the 20 December.

 

http://www.vfsglobal.co.uk/malaysia/how_to_apply.html

 

 

[7by7]

16 hours ago, Jeff Cowie said:

 

A previous thread suggests that a settlement visa would be the correct option, however when I check on the GOV.UK website it states under Eligibility:

 You have made a common mistake; one caused by the way the UKVI search engine works! Put 'settlement' or similar into that and you get the page you have quoted.

 

However, what UKVI call settlement is also called Indefinite Leave to Remain, which can only be applied for in the UK after the residency requirement, and the others, have been met.

 

Your wife first has to apply to enter the UK, often referred to as a settlement visa, valid for 33 months. Once she has lived in the UK for 30 months she applies for Further Leave to remain; valid for 30 months.

 

See the relevant to you and your wife parts of Family visas: apply, extend or switch. 

 

It is only after she has lived in the UK for at least 5 years that she can apply for settlement, i.e. Indefinite Leave to Remain. 

Edited August 29, 2017 by 7by7

[Jeff Cowie]

Many thanks guys!  It's slowly becoming clearer.  She can't work under the Family Visa, correct?  Is there an option where she could work if she wanted to?

[rasg]

If she applies for the 33 month Settlement visa that 7by7 talks about she can work.

[Jeff Cowie]

Ok I think the problem is with the online form.  If I select 'Visit' as reason to visit and select long term 5 or 10 years it states that she can't work.

 

but if I select 'Settlement' as reason for visit, it seems fine.  So this is why you refer to it as a 'settlement visa'.  This is different from applying for actual settlement or ILTR.  

 

Is this correct?  

 

 

[rasg]

A visit visa is essentially a tourist/holiday visa available from six months up to ten years.

 

A settlement visa is exactly that. To settle/live in the UK. After a settlement visa, Further leave to remain (FLR) is the next, followed by Indefinite leave to remain (ILR).

[theoldgit]

The problem, as I see it, is that the visa websites are so poorly designed it's very difficult to sort out the chaff from the wheat, it's almost as if the UKVI don't want "customers" to complete the application process, I'm sure that's not the case though.

As others have pointed out once your wife arrives in the UK, and has her Biometric Residence Permit, she eligible to work, and pay taxes and make NI contributions.

As I mentioned in our PM exchange when it comes to the FLR stage after 30 months, her earnings can be used to meet the financial requirement.

It's worth pointing out that even if she's earning, and thus paying taxes, she would still need to pay the NHS Surcharge at the FLR stage. 

 

[Aussieroaming]

On 8/29/2017 at 7:49 AM, theoldgit said:

The requirements you've attached above are for those already in the UK.

 

As you're a British National and married but not living in the UK at the moment, your wife needs to apply for a Settlement Visa. You will need to meet the financial requirements whilst she will need to pass a short English Test and take a medical examination to prove she's clear of TB. 

 

The advice given in the old thread that your colleague started, especially post number 3 drafted by 7by7 on the 20 December.

 

http://www.vfsglobal.co.uk/malaysia/how_to_apply.html

 

 

Do you mind explaining further in regards to the OP needing to meet financial requirements? I'm in a bit of a similar situation. I am a British National (born in the UK), have never worked or resided there (left when i was 6 because my parents emigrated to Australia), work fly in/fly out type contract work and i have never worked in the UK. We were considering moving there for a couple of years as a base, while i fly in and out for work so that i can spend time with my father because he is getting on in age now.

[7by7]

7 hours ago, Aussieroaming said:

Do you mind explaining further in regards to the OP needing to meet financial requirements? I'm in a bit of a similar situation. I am a British National (born in the UK), have never worked or resided there (left when i was 6 because my parents emigrated to Australia), work fly in/fly out type contract work and i have never worked in the UK. We were considering moving there for a couple of years as a base, while i fly in and out for work so that i can spend time with my father because he is getting on in age now.

 

All those applying to enter or remain in the UK as family migrants have to meet the financial requirement under appendix FM 1.7 of the immigration rules.

 

But British citizens, including those with dual nationality, have the right to enter and reside in the UK at any time, so you do not need a visa to do so and do not need to meet the financial requirement nor pay the NHS surcharge.

 

However, any family members who accompany you and are not British citizens will have to do so.

[mickyboy]

and it cost lots money for visa

[Aussieroaming]

On 8/30/2017 at 4:34 PM, 7by7 said:

 

All those applying to enter or remain in the UK as family migrants have to meet the financial requirement under appendix FM 1.7 of the immigration rules.

 

But British citizens, including those with dual nationality, have the right to enter and reside in the UK at any time, so you do not need a visa to do so and do not need to meet the financial requirement nor pay the NHS surcharge.

 

However, any family members who accompany you and are not British citizens will have to do so.

Thanks for the update