UK Spouse/Settlement Visa

[Guest incubus1971]

Hi team,

 

Another status update for everyone, I have my passport, with visa, in my hot little hands! So I can confirm that the despatching part of the process works like a charm!

 

We received the confirmation email at 12.47pm on Wednesday and it was delivered 10.51am on Friday (today). I'm very relieved as I put some flights on hold yesterday and was only allowed 24 hours to confirm before they released them, which I was reluctant to do until I actually had my passport! We're now leaving Mon 2 August (sorry, not rubbing it in, just can't believe it's finally happening after 3 months!)

 

Unfortunately I can't shed any light on the whole ILE visa thing as I have no idea if that's what I've got (although I think not otherwise I'm sure it would be obvious). My visa start date is 27 July 2010 and the expiry is 27 Oct 2010. The only other info it really has is that I'm not allowed recourse to public funds. There's no other info or letter with it. I guess it's up to you to find out the rules and make sure you look into how to extend it before the expiry date.

 

Incubus - I really think yours will be fine. I'm sure before declining your app, they would have at least phoned for clarification on some points. Also, someone at work told me that their brother (who is British) recently married an Aussie girl. They'd only been together in total for about 10 months, and applied for her visa the day after they got married, and theirs was accepted.

 

I echo Incubus' sentiments re the forum. It was nice to know that there were others in the same boat and that my application hadn't been lost which was what everyone at work was telling me!

Maybe the visa they give you is an "entry" visa ... and the longer-term visa (that should go for 27 months at least) happens at the border.

 

I have read that in some cases they can give you an automatic Indefinite Leave To Remain Visa if you've been married (or had a civil union) for at least four years ... maybe that happens at the border.

 

What I do know is that, after the 27 months initial visa (if you don't have ILR) then you have to apply for the ILR no more than 28 days before your visa runs out unless your visa is about to expire.

 

If you have spent between 21 and 24 months of the visa period within the UK you can still apply for ILR - but they will hold on to it until you've met the 24month minimum period in the UK (and you can apply at your local council chambers where they copy all of your documents rather than keep them). I think the ILR is another 800 pounds or so

 

If you have spent more than three months out of the 27 months of the visa, out of the UK, you will need to apply for an extension of the current visa until you satisfy the 24months in the UK to qualify for the ILR visa. (pass go and pay 450 pounds more, please).

 

It's like a giant game of monopoly ... can't wait to get there!!

[sawoodley]

Oh Necole, you are a great source of info. Nice detective work!

 

MXP - CONGRATULATIONS!!!! That's totally brilliant and I hope you enjoy the long haul. I think each and every one of us will sigh a huge breath of relief when we take off. Cannot wait...........

[Guest if209]

No paper work/passport has arrived yet ,so just going on the email. checked a couple of times that they got the right number. My husband has to leave in 2 weeks. Resigned today, so hopefully will be thereby the end of August.

[Guest MXP78]

Maybe the visa they give you is an "entry" visa ... and the longer-term visa (that should go for 27 months at least) happens at the border.

 

I have read that in some cases they can give you an automatic Indefinite Leave To Remain Visa if you've been married (or had a civil union) for at least four years ... maybe that happens at the border.

 

What I do know is that, after the 27 months initial visa (if you don't have ILR) then you have to apply for the ILR no more than 28 days before your visa runs out unless your visa is about to expire.

 

If you have spent between 21 and 24 months of the visa period within the UK you can still apply for ILR - but they will hold on to it until you've met the 24month minimum period in the UK (and you can apply at your local council chambers where they copy all of your documents rather than keep them). I think the ILR is another 800 pounds or so

 

If you have spent more than three months out of the 27 months of the visa, out of the UK, you will need to apply for an extension of the current visa until you satisfy the 24months in the UK to qualify for the ILR visa. (pass go and pay 450 pounds more, please).

 

It's like a giant game of monopoly ... can't wait to get there!!

 

Sorry, was a bit excited on Friday and in my haste I typed the incorrect dates for my visa. It starts 27 July 2010 and expires 27 Oct 2012. So it's valid for 27 months. Because of this I assume I didn't get the ILE visa. It also doesn't say anything about ILE on the visa. Not sure why as we've been together for more than 4 years and all of our evidence proved this. However from the info necole gave the other day, it seems the only advantage of getting the ILE visa is you can apply for ILR straight away when you get to the UK (and sit the test) as opposed to waiting 2 years to apply for it. As I'm sure we'll still be there after 2 years I don't think should affect us too much. Also don't think I'm up to going through another application process just yet!

[Guest tryingtogettotheUK]

Hi MX,

 

That's great that you recieved everything back so quickly:) Good luck with moving back and thanks for all the info updates. Good luck to everyone else still waiting let's hope for some more good news next week.

 

cheers

 

Michael

 

 

Hi Michael,

 

I think you are a day or two ahead of me... I recieved my email confirming my documents had arrived on 19th May. According to that PDF with all of our details it looks like we are next in line... fingers crossed. Keep me posted on how you go. I am really hoping to be leaving next week or the week after. Good luck

[Guest michael29]

Hi,

 

Yes I will let you know for sure! I haven't heard anything yet:( I am really hoping it's this week..

I am checking my email every few hrs.. I will keep you updated and good luck.

 

Thanks

 

Michael

[Guest KG1978]

Hi there,

 

So glad I found an australian forum! Not much info out there for Aussies.

 

I'm new but I think I can shed some light on the ILE/ILR thing so thought I'd jump in! You don't get it at the border or anything like that - you qualify for ILE instead of just a two year settlement visa if you've been together for more than 4 years outside the UK AND you've passed the KOL test IN the UK (not shouting, just emphasis!). So if you haven't sat the test while in the UK on a previous visa, you can sit it once you arrive and then apply for your indefinite leave straight away, without waiting two years, as you say. It just gives you peace of mind I guess that if the new government introduces even more immigration changes soon, and makes the path to citizenship even longer, you'll already have your indefinite leave.

 

I'm only on my second week of waiting, but this is my third UK visa - every time I seem to time it perfectly for the July stampede and it takes the full 12 weeks!

 

Incubus, have you heard any further re your visa?

[Guest tryingtogettotheUK]

Hi,

 

Yes I will let you know for sure! I haven't heard anything yet:( I am really hoping it's this week..

I am checking my email every few hrs.. I will keep you updated and good luck.

 

Thanks

 

Michael

 

Haha me too... literally I think every 30 mins... Good luck to you too...

[Guest incubus1971]

Incubus

I think you'll be right. There appears to be guidance on wording for visa refusals but not on succecsses... so perhaps just an instance of where communication could have been clearer!

 

Others may find the following interesting (and reassuring) as it shows the limited number of items you will actually get refused on.

Chapter 26 Annex 2 Part 9

A quick update .... I got my documents back today.

 

Bad news was that it was "refused" only because I hadn't included my partner's actual passport with the application.

 

Good news ... Is it's the only reason i was refused and, as such, I just sent back the appeals form with all of the documents and the passport. Now they just set a date for the "hearing" and I am pretty sure that the decision will be over-ruled. It delay's our plans slightly (maybe by a month) - but it doesn't cost anything more.

 

So, there you go ... they don't have any "refusal" email ... nor any questions back to you if they have any "doubts".... and I still never got anymore information directly from them.

 

So, am very cross with them .... but what can you do, eh?

[Guest KG1978]

Oh, I'm so sorry to hear that. I had feared you might have a refusal, as in australia they do tend to tell you in the email if you're successful, but not if you've been declined. At least you don't need to pay anything to appeal and it is relatively straightforward.

I've sent a notarised copy of my partner's so hope that does the job. Argh, can't wait for this to be over!

Best of luck.

[Guest christopherm]

Incubus, really sorry to hear about your refusal. Especially given that we did not include my actual passport with my wife's application. We provided a notarized copy of my passport so that I can still travel. Was this similar to your situation?

 

Thanks,

 

Chris

[Guest incubus1971]

Incubus, really sorry to hear about your refusal. Especially given that we did not include my actual passport with my wife's application. We provided a notarized copy of my passport so that I can still travel. Was this similar to your situation?

 

Thanks,

 

Chris

 

Maybe a notarised copy would have been ok (and will work for you).... for some reason I just never thought of it at the time (though it makes sense that they would require it).

[Guest KG1978]

I sent notarised too - according to the UKBA's own advice, notarised is fine.

[Guest tryingtogettotheUK]

Incubus, really sorry to hear about your refusal. Especially given that we did not include my actual passport with my wife's application. We provided a notarized copy of my passport so that I can still travel. Was this similar to your situation?

 

Thanks,

 

Chris

 

 

AHHH oh no... I am so sorry to hear that, I also did not include my partners actual passport but a notarized copy as my partner had to return to the UK. Did you include a notarized copy? If so this is very wrong as the instructions say this is adequate. Please let us know how you go. I am so sorry for you. If this is the case I fear I will be further delayed also. Very Frustrating!

[Guest MXP78]

incubus - I can feel your pain and anger. What is ridiculous about this, is that they had 12 weeks to get in touch with you and let you know they needed extra documents/information. To simply refuse it because of this with no prior communication is pretty mean considering how much it's costs to apply and how long you have to wait. BUT sounds like you're looking at it with the right attitude. Good on you.

[Guest MXP78]

Hi there,

 

So glad I found an australian forum! Not much info out there for Aussies.

 

I'm new but I think I can shed some light on the ILE/ILR thing so thought I'd jump in! You don't get it at the border or anything like that - you qualify for ILE instead of just a two year settlement visa if you've been together for more than 4 years outside the UK AND you've passed the KOL test IN the UK (not shouting, just emphasis!). So if you haven't sat the test while in the UK on a previous visa, you can sit it once you arrive and then apply for your indefinite leave straight away, without waiting two years, as you say. It just gives you peace of mind I guess that if the new government introduces even more immigration changes soon, and makes the path to citizenship even longer, you'll already have your indefinite leave.

 

I'm only on my second week of waiting, but this is my third UK visa - every time I seem to time it perfectly for the July stampede and it takes the full 12 weeks!

 

Incubus, have you heard any further re your visa?

 

Okay, sorry to bang on about this, but I'm still a little confused... How do I know if I can apply for ILR and sit the test as soon as I get there as opposed to waiting for 2 years? We have been together for more than 4 years, but my visa is only valid for 27 months. It doesn't say anything about me being able to apply for ILR straight away. Or is this just something they expect you to know/find out by reading their visa conditions online, and therefore you should know that if you've been together for more than 4 years, you can apply for ILR as soon as arriving in the UK? If that's the case, we would then need to go through this process again when arriving to prove to immigration in the UK that we've been together for 4 years? I thought the proof of length of your relationship would only have to happen once on the original settlement application?

 

I really hope I'm making sense...

[Guest KG1978]

Okay, sorry to bang on about this, but I'm still a little confused... How do I know if I can apply for ILR and sit the test as soon as I get there as opposed to waiting for 2 years? We have been together for more than 4 years, but my visa is only valid for 27 months. It doesn't say anything about me being able to apply for ILR straight away. Or is this just something they expect you to know/find out by reading their visa conditions online, and therefore you should know that if you've been together for more than 4 years, you can apply for ILR as soon as arriving in the UK? If that's the case, we would then need to go through this process again when arriving to prove to immigration in the UK that we've been together for 4 years? I thought the proof of length of your relationship would only have to happen once on the original settlement application?

 

I really hope I'm making sense...

 

Sure you are - I may not be! I'm not an expert, i've just read loads about this, but may be wrong still.

 

Does your visa have a 'KOL REQ' endorsement on it?

[sawoodley]

Incubus that's really bad luck and I'm sorry to hear that it's been this outcome after such a long wait. I agree with an earlier post that it seems a little rich to wait 12 weeks to tell you that when they could have emailed you immediately. Grrrrrrrr....

 

I am missing some docs for sure so will try to sort them out. Still only at week 8 and feeling more despondent by the day.

 

I hope you get some good news soon

Amanda

[Guest necole]

Grrr... agreed. What ever happened to dialogue to resolve issues...

 

I have been chasing my mother-in-law last week for a copy of her deeds to house to send on to the consulate as she was in Australia when I sent off the application. This has just heightened the priority for this...

 

On the ILE-ILR front I've been trying to search the immigration rules for how to do this immediately (ie you have already done all the qualifying period of how long you have lived together) but I've failed to find anything...Will keep searching and let you know...

 

.

Incubus that's really bad luck and I'm sorry to hear that it's been this outcome after such a long wait. I agree with an earlier post that it seems a little rich to wait 12 weeks to tell you that when they could have emailed you immediately. Grrrrrrrr....

 

I am missing some docs for sure so will try to sort them out. Still only at week 8 and feeling more despondent by the day.

 

I hope you get some good news soon

Amanda

[Guest KG1978]

UKBA says:

 

We may be able to give you permission to live permanently in the UK as soon as you arrive, if:

 

• you and your partner married or formed a civil partnership at least four years ago;
  
• you have spent those four years living together outside the UK;
  
• you are both coming to the UK to settle here together; and
  
• you have sufficient knowledge of the English language and life in the UK. (You do not need to meet this last requirement if you are aged 65 or over.)
  

If you haven't yet done the KOL test, but you satisfy all other requirements, you should have a KOL REQ endorsement on your visa, which means they recognise that you satisfy the other requirements and you can therefore apply at any time after you've passed the KOL test once in the UK:

 

See SET 3.23 here:

Settlement (SET) - Spouses

 

"Where an applicant has satisfied all of the requirements for ILE, except the KOL requirement, the applicant should be granted 27 months leave to enter. During this time they can, at any point, satisfy the KOL requirement and then apply for indefinite leave to remain (ILR) in the UK."

[Guest necole]

Hi KG,

 

Know this bit that you are quoting...just doesn't make sense that if we do straight away after kol test we then have to recomplete SET M, resubmit all the same paperwork and pay additional pounds.... trying to find something to contradict this but doubt I'm going to....:-)

 

UKBA says:

 

We may be able to give you permission to live permanently in the UK as soon as you arrive, if:

 

• you and your partner married or formed a civil partnership at least four years ago;
  
• you have spent those four years living together outside the UK;
  
• you are both coming to the UK to settle here together; and
  
• you have sufficient knowledge of the English language and life in the UK. (You do not need to meet this last requirement if you are aged 65 or over.)
  

If you haven't yet done the KOL test, but you satisfy all other requirements, you should have a KOL REQ endorsement on your visa, which means they recognise that you satisfy the other requirements and you can therefore apply at any time after you've passed the KOL test once in the UK:

 

See SET 3.23 here:

Settlement (SET) - Spouses

 

"Where an applicant has satisfied all of the requirements for ILE, except the KOL requirement, the applicant should be granted 27 months leave to enter. During this time they can, at any point, satisfy the KOL requirement and then apply for indefinite leave to remain (ILR) in the UK."

[Guest KG1978]

Hiya

I haven't researched this thoroughly as it doesn't apply to me, but I get the impression (from reading boards for 2 years!) that if you'd sat the KOL test in UK before applying for your settlement visa, you could have got indefinite leave straight away and only paid one fee. But if you haven't sat test, you will have to sit it and then still go through process of applying for ILR, either through the post or in one day at a PEO, and pay that fee too. The only benefit is you can do it immediately, ie, don't wait two years. Which really is a benefit in these times!

[Guest necole]

yes...wishing we had of done this when we were in the uk last year...my reading also indicates we have to go through the whole process...

[Guest KG1978]

Yes, the good news is you can get ILR in one day, not three months like Australia! The bad news is it costs about £1000. Kicking myself I didn't change my work permit to FLR (M) before I left UK last year. Oh well.

[Guest necole]

Yes, the good news is you can get ILR in one day, not three months like Australia! The bad news is it costs about £1000. Kicking myself I didn't change my work permit to FLR (M) before I left UK last year. Oh well.

 

I face a similar demon - I actually lived in the UK for 7 years, 1.5 years on working holiday visa and about 5.5 on a work permit. Found out too late that I should have applied for naturalisation, especially as that was at the end of 2003 - before all of the immigration changes...

 

I shall definitely be going the "prioritisation" route in the UK... I don't want to hand in our passports for another few months - there needs to be ski trips and sun found!!!