UK Spouse/Settlement Visa

[Guest nasrudiin]

could someone pls tell me wat happens if my wife has not travell to uk during 3 monthe perperartion to move to uk. her visa settelment is 27 month we all ready use the 3 month becouse of reasons she was paregnet and she due to be deliver . my ? is if she dosent reach 24 month and the visa expire what option do we have in order her to qulify ELR visa PLS HELP ME

[Guest guest41161]

Need to get my better half a spouse visa, but myself and our little girl have got British passports.

 

Can anyone answer, will say $10,000 in the bank be enough for showing we can support ourselves on our return? This is more for the application, because by the time we sell up, it will be substancially more. Obviously we will both work when we get to the UK, and chances are I may have employment secured before we go.

 

I also can't understand why I need a letter from family inviting us to stay? We will be renting our own place when we get there, and probably will end up South West Endland, whilst my family are in Scotland. It does not make sense.

 

Damn rules and regulations never make this stuff black and white.

[Guest Jacket and Coat]

Just a little update - I got my visa in the post today! All up, it took 3 working days from the day I put the application in the post until I received the email...

 

Guess they want to be my friend, then!

 

 

 

That's what I'm going to do, plus send an unnotarised copy that they can verify themselves and keep, this will save them a job and make them want to be your friend!

[bigboy01]

:smile:

Just a little update - I got my visa in the post today! All up, it took 3 working days from the day I put the application in the post until I received the email...

 

Guess they want to be my friend, then!

 

We had the same thing jacket and coat! just got my shiny new visa through this morning for husband/wife visa!! wierdest thing is that its valid from the 15-5 but i only received the visa email on the 25th-5 and obviously it came in the post today? so it took a grand total of 2 working days to be approved once it was in manilla!! but its also eaten into 2 weeks of my 27th months to be in the uk- possible visit back home? weird but very coool it was so quick!! :yes:

 

im leaving on friday and finally get to see my husband after over 2 months apart!! cant wait!!

 

all the best everyone!!! xx:wubclub:

[ricrog]

Just a little update - I got my visa in the post today! All up, it took 3 working days from the day I put the application in the post until I received the email...

 

Guess they want to be my friend, then!

Nice one J & C, my application went in yesterday, had to remove all the documents from the folder 'cos they wouldn't fit in the damn AusPost Platinum 3Kg Packaging grrrrrrr!

Hope they'll be my friend too!

[ricrog]

Need to get my better half a spouse visa, but myself and our little girl have got British passports.

 

Can anyone answer, will say $10,000 in the bank be enough for showing we can support ourselves on our return? This is more for the application, because by the time we sell up, it will be substancially more. Obviously we will both work when we get to the UK, and chances are I may have employment secured before we go.

 

I also can't understand why I need a letter from family inviting us to stay? We will be renting our own place when we get there, and probably will end up South West Endland, whilst my family are in Scotland. It does not make sense.

 

Damn rules and regulations never make this stuff black and white.

 

I only had about $9000 savings but we sent an estate agent valuation of our house(they do it for free) plus a statement of our mortgage account to show how much we owed, thus showing the profit we were likely to make. Our ILE visa has just arrived 12 days after we posted it.

[Guest Thorpey]

Wonder if anyone can help with some advise, I sent my husbands spouse visa off at New Year which was received by the Sydney office on 4/1. I have now not heard anything more and wondered should I have a confirmation email? I rang the UK visa helpline and they said we will receive an email once our application has been processed, does this sound right? Also I am panicking slightly at our bank statements, we recently sold our flat and with all profits etc have a joint savings account of approx $100,000 AUD, I only sent on line print outs and stupidly only going back a month or so for our savings account. I did though send in letters from estate agents and solicitors confirming these amounts being paid to us and highlighting these amounts on the statements? Do you think we might get refused because of this? Am really starting to worry and hate the waiting game!

[Guest guest41161]

I only had about $9000 savings but we sent an estate agent valuation of our house(they do it for free) plus a statement of our mortgage account to show how much we owed, thus showing the profit we were likely to make. Our ILE visa has just arrived 12 days after we posted it.

 

Thanks for that. Unfortunately we don't have a house. I can get an offer of employment from the UK ,and hope this may seal the deal. Just hope that together with $10k saved and an offer of employment of around 20,000 GBP per year, should be sufficient for them not to get too stupid about it! :wacko:

[alimay68]

Be prepared for the same old tat two years down the line! My husband and I have been married for almost 17 years, went through the whole spouse visa business almost 2 years ago, before coming to England, and now hubby has the 'UK Citizenship Test' and a new 'indefinite right to remain' visa application looming. Another GBP 1000, thanks very much! Gulp!

[Guest guest41161]

Thanks Alimay. We will probably go through an agent and he is confident we can have the ILR attached to my wifes initial visa (believe there is minimal cost if issued alongside initial spouse visa). Going for a holiday in August so she can sit the test in the UK, and submit the evidence when we apply on our return to Australia.

[alimay68]

Hi Darkstone - I've just been reading back on some of these posts and yours has thrown me into a bit of a spin. I'm British born, my husband Aussie. We applied for a settlement visa for him in 2010 and he was granted a KOL visa which expires in August 2012. I was never aware that we could have applied for the ILR straightaway, despite back then, being married for 15 years and we rang the Visa premium line in Canberra to get advice first. We're now up for another exorbitant fee of GBP 972 + Citizenship Test for ILR status.

 

It's now a year since your post, can you tell me how you got on and which visa category your wife ended up with? I've just re-checked the UK Border Agency website http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/

and it states:

[h=3]Husbands, wives and civil partners[/h] Find out how to apply for a visa or permission to remain in the UK if you are already married to or in a civil partnership with your partner. After 2 years, you can apply to settle here permanently.

 

I don't know quite how you could avoid the two year permanent residency visa before being eligible to apply for the ILR, so I'd be interested in your feedback! Cheers.

 

 

Hi,

 

I'm new to the forum but have been following it because I am in England and my wife is in Melbourne waiting for her spouse visa... currently with nowhere to live (she's couch-hopping) and not a lot of money and living out of a suitcase...

 

We lived together for 6 months in Britain last year, got married, lived in Germany for 2.5 months (my work), and then she returned to do the spouse visa thing...

 

Anyway we applied and had the confirmation of receipt email on the 15th December, but, we got the 'processed' email on Monday and yesterday, she got her passport returned with a rejection letter. We've been rejected on 3 things:

 

1. my passport copy not being notarised - I've seen that here before and it's easy to fix although annoying, neither of us can find where it tells us that is necessary...

 

2. We said we'd initially live with our in-laws and they have come back saying :

 

I note that you intend to live with your in-laws in the UK. You have

failed to submit evidence that they are willing and able ot accomodate

you. I would expect to see the deeds or rental agreement of the

property, an invitation from them and an official document to show whom

is currently living there and the size of the property. I am not

satified that there will be adequate accomodation for the parties and

any dependants without recourse to public funds in accomodation which

they own or occupy exclusively. Paragraph 281 (iv)

 

What the hell official document do they want? Anybody have any ideas or experience in this?

 

Also I am now trying to rent somewhere for us this week, so, we hope to be able to send them a rental agreement, which should circumnavigate this - but we want to be able to answer this issue as well... in case...

 

3. I am a contract worker and despite my gross earnings being £24.75 per hour, they said this:

 

You state that your sponsor is self employed and his monthly income

after tax is £3600. I note that his declared Nett income for

2010 was £20, 971 which would be approximately £1, 748 monthly. You

have stated that he supports his children from a previous marriage and

he is required to pay £650 per month to them. Your sponsor's Halifax

bank statement dated 29/11/10 had a closing balance of £666.66. I

note the account history shows that on average the balance was around

£700. I note that there is a business account in his name and that the

balance in September was £2,368, however there is no detail as to the

financial commitments of this account and as the last balance was more

than 2 months prior to your application date I am not satisfied that

these funds are available to you.

 

And about my wife:

You have submitted your St George freedom account and the closing balance on 26/11/10 was $1,098.79. There is no evidence that you have purchased an airline ticket to the UK and as I am aware that it would cost in the region of £700.

Given your current financial circumstances and your sponsor's child

support commitments, I am not satisfied that you or your sponsor will

be able to maintain yourselves and any dependants adequately without

recourse to public funds. Paragraph 281 v.

 

My wife now has a temporary job and is earning, before that I was sending her money to live on... so we can demonstrate we have funds to buy a ticket, although they tell you not to until you have the visa!!???! And I can get my accountant to write a letter explaining how I have access to my business account money and how I get paid (salary + dividends + expenses)...

 

BUT we are still devastated. Does anybody have any further ideas for us? Any useful email addresses at the UKBA in Canberra? Phone numbers? Addresses to write to when they have appealed? WHo to address things to? Ideas for covering letters, emails, etc. that worked for you? Any tips? Advice? ANYTHING AT ALL PLEASE!!!!!!!! We are desperate and very worried...

 

Thanks very much!

Mike

[alimay68]

Wondering how this works - it's thrown me into a bit of a spin now!

Thanks Alimay. We will probably go through an agent and he is confident we can have the ILR attached to my wifes initial visa (believe there is minimal cost if issued alongside initial spouse visa). Going for a holiday in August so she can sit the test in the UK, and submit the evidence when we apply on our return to Australia.

[Guest guest41161]

Hi Darkstone - I've just been reading back on some of these posts and yours has thrown me into a bit of a spin. I'm British born, my husband Aussie. We applied for a settlement visa for him in 2010 and he was granted a KOL visa which expires in August 2012. I was never aware that we could have applied for the ILR straightaway, despite back then, being married for 15 years and we rang the Visa premium line in Canberra to get advice first. We're now up for another exorbitant fee of GBP 972 + Citizenship Test for ILR status.

 

It's now a year since your post, can you tell me how you got on and which visa category your wife ended up with? I've just re-checked the UK Border Agency website http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/

and it states:

Husbands, wives and civil partners

 

Find out how to apply for a visa or permission to remain in the UK if you are already married to or in a civil partnership with your partner. After 2 years, you can apply to settle here permanently.

 

I don't know quite how you could avoid the two year permanent residency visa before being eligible to apply for the ILR, so I'd be interested in your feedback! Cheers.

 

Unsure of what Darkstone advised, but I am going by what my immigration agent has advised (they are based in UK), and also Border Agency website.

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/how-long/

 

Applications from outside the UK

 

If your visa application is successful, we may give you permission to settle permanently in the UK as soon as you arrive here. To be given this permission, you will need to provide evidence that:

 

• you and your partner married or formed a civil partnership at least 4 years ago; and

• you have spent those 4 years living together outside the UK; and

• you are both coming to the UK to settle here together;

• you do not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; 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 your application is successful but you do not meet the above criteria, we will grant you a visa lasting 27 months. This is known as your 'probationary period' or 'qualifying period'.

 

 

 

Should add I am in same position you were, I am UK citizen (as is our daughter), wife is Australian, married for almost 8 (??) years.

[alimay68]

Well I'm even more confused, as we would have met all of that criteria and still got the 27 month visa. We have two children, born in Oz, but with British passports. I'm dreading the whole collating information and poking around in our financial affairs again. Not to mention the stinking fee!!!!

Unsure of what Darkstone advised, but I am going by what my immigration agent has advised (they are based in UK), and also Border Agency website.

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/how-long/

 

Applications from outside the UK

 

If your visa application is successful, we may give you permission to settle permanently in the UK as soon as you arrive here. To be given this permission, you will need to provide evidence that:

 

• you and your partner married or formed a civil partnership at least 4 years ago; and
  
• you have spent those 4 years living together outside the UK; and
  
• you are both coming to the UK to settle here together;
  
• you do not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; 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 your application is successful but you do not meet the above criteria, we will grant you a visa lasting 27 months. This is known as your 'probationary period' or 'qualifying period'.

 

 

 

Should add I am in same position you were, I am UK citizen (as is our daughter), wife is Australian, married for almost 8 (??) years.

[RandL]

Well I'm even more confused, as we would have met all of that criteria and still got the 27 month visa. We have two children, born in Oz, but with British passports. I'm dreading the whole collating information and poking around in our financial affairs again. Not to mention the stinking fee

 

 

Hi alima68 , did you pass the KOL test before you applied for your visa ?, We are in the same boat, i am Australian , my wife is British, we tick all the boxes in Scottydog's comment, accept passing the KOL test ( which you can only do in the UK ).

 

I received a 27 month visa, ILE ( KOL required) . still trying to sell our house ( that's a different story ) . But once we get to the UK , the plan is to do/pass the KOL test right away ( there is an iphone app for this to practice )and then immediately apply for the ILR , if you do have this type of visa ( ILE KOL required) you do not have to wait the 2 years before you can apply for an ILR , of course you have to pay another application fee . The confusing part is that the application form is the same as if you where 2 years in the country and some of the requirements are therefore unachievable .

 

It's all part of the adventure

 

 

--Going back after 20 years in OZ--

[alimay68]

Hi RandL, Dan has a Settlement Spouse/CP (KOL req) entry clearance visa. He did the biometrics test, but was not made aware of doing the KOL test at the time. We've been busy setting our lives and business up here since our arrival in May 2010, that this has really only come under the radar in light of having to apply for the ILR. When I spoke to the Borders Agency in January, they said Dan couldn't apply more than 28 days before the expiry of his current visa or 28 days prior to 2 years in this country, which would make it the beginning of May. I'm beginning to wonder what those numpties at the BA actually know, as the guy also told me to be careful if claiming working tax credit (given that the visa states no recourse to public funds); it needed to be in my name, otherwise it could cause us a huge problem with the application. I phoned the HMRC who said that as I'm a British Citizen, my status overrides Dan's immigration status and can therefore claim, even if self-employed! I'm so confused and frustrated with this whole debacle!

 

Whereabouts are you going to be settling when you get over here?

 

Hi alima68 , did you pass the KOL test before you applied for your visa ?, We are in the same boat, i am Australian , my wife is British, we tick all the boxes in Scottydog's comment, accept passing the KOL test ( which you can only do in the UK ).

 

I received a 27 month visa, ILE ( KOL required) . still trying to sell our house ( that's a different story ) . But once we get to the UK , the plan is to do/pass the KOL test right away ( there is an iphone app for this to practice )and then immediately apply for the ILR , if you do have this type of visa ( ILE KOL required) you do not have to wait the 2 years before you can apply for an ILR , of course you have to pay another application fee . The confusing part is that the application form is the same as if you where 2 years in the country and some of the requirements are therefore unachievable .

 

It's all part of the adventure

 

 

--Going back after 20 years in OZ--

[alimay68]

It's worth taking a look at this link:

 

http://www.hmrc.gov.uk/manuals/tcmanual/tcm0128060.htm

 

- it relates to tax credits, which is one of the questions of the SET M form.

 

The Border Agency will just tell you that under entry clearance restrictions, you don't have recourse to public funds and should not be claiming Working Tax Credit, whereas the HMRC will contradict this and say that with one part of the couple being a British Citizen, it overrides the other's immigration control.

[yorkiegirl]

Hi RandL, Dan has a Settlement Spouse/CP (KOL req) entry clearance visa. He did the biometrics test, but was not made aware of doing the KOL test at the time. We've been busy setting our lives and business up here since our arrival in May 2010, that this has really only come under the radar in light of having to apply for the ILR. When I spoke to the Borders Agency in January, they said Dan couldn't apply more than 28 days before the expiry of his current visa or 28 days prior to 2 years in this country, which would make it the beginning of May. I'm beginning to wonder what those numpties at the BA actually know, as the guy also told me to be careful if claiming working tax credit (given that the visa states no recourse to public funds); it needed to be in my name, otherwise it could cause us a huge problem with the application. I phoned the HMRC who said that as I'm a British Citizen, my status overrides Dan's immigration status and can therefore claim, even if self-employed! I'm so confused and frustrated with this whole debacle!

 

Whereabouts are you going to be settling when you get over here?

 

Hi alimay68, I'm the "L" part of RandL, so I'm answering for him.

The UKBA website is designed I think to confuse, and is very disjointed and hard to find anything. We've spent many hours researching to try and find the info.

If you look here, it states that with the settlement/spouse/CP(KOL Req) entry clearance (which is what he has) you don't need to complete the 2 years, here's the link to the UKBA stating this , scroll down to point 2.7

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section1/section1.pdf?view=Binary

 

From what we could gather, not all the staff that work there are aware of this ruling, so you have to make them aware

There are a few threads relating to this from people who have actually done this on another forum here's a link to one of them, there are a couple more if you look through. http://britishexpats.com/forum/showthread.php?t=732846&highlight=ilr,

 

It's very frustrating, and very difficult to access accurate information easily. Good luck with the application, have you tried to get a same day in person appointment, a lot of people say that's much better even though it costs more to apply, they make the decision the same day in most cases.

 

We are heading to the Western edge of the Peak district, hubby works in IT so we are hoping Manchester would be a reasonable place to look for work, and my family live on the other side of the Peak District.

[alimay68]

Hi Yorkiegirl

 

Cheers for this, although I did ring the Border Agency today, after spending ages trying to find the wretched number in the first place! I gave up and tracked it down on our phone bill from the last time I called. Their website is atrocious! I did eventually find the section which states about applying for ILR earlier, but you still have to pay the same 972pd fee and submit all of your documentation again. That's what the guy today told me and there doesn't seem to be any easier or cheaper avenue, as far as I can see. I know about the same day application - another massive rip-off!

 

Anyway, good luck with your app too. Keep in touch - you won't be so very far from us, so perhaps we could catch up for a coffee once you're over and settled.

Hi alimay68, I'm the "L" part of RandL, so I'm answering for him.

The UKBA website is designed I think to confuse, and is very disjointed and hard to find anything. We've spent many hours researching to try and find the info.

If you look here, it states that with the settlement/spouse/CP(KOL Req) entry clearance (which is what he has) you don't need to complete the 2 years, here's the link to the UKBA stating this , scroll down to point 2.7

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section1/section1.pdf?view=Binary

 

From what we could gather, not all the staff that work there are aware of this ruling, so you have to make them aware

There are a few threads relating to this from people who have actually done this on another forum here's a link to one of them, there are a couple more if you look through. http://britishexpats.com/forum/showthread.php?t=732846&highlight=ilr,

 

It's very frustrating, and very difficult to access accurate information easily. Good luck with the application, have you tried to get a same day in person appointment, a lot of people say that's much better even though it costs more to apply, they make the decision the same day in most cases.

 

We are heading to the Western edge of the Peak district, hubby works in IT so we are hoping Manchester would be a reasonable place to look for work, and my family live on the other side of the Peak District.

[yorkiegirl]

Hi Yorkiegirl

 

Cheers for this, although I did ring the Border Agency today, after spending ages trying to find the wretched number in the first place! I gave up and tracked it down on our phone bill from the last time I called. Their website is atrocious! I did eventually find the section which states about applying for ILR earlier, but you still have to pay the same 972pd fee and submit all of your documentation again. That's what the guy today told me and there doesn't seem to be any easier or cheaper avenue, as far as I can see. I know about the same day application - another massive rip-off!

 

Anyway, good luck with your app too. Keep in touch - you won't be so very far from us, so perhaps we could catch up for a coffee once you're over and settled.

Hi alimay68, glad you finally got the correct info, they do hide it well, at least now you can get on with the application.

We are really hoping we can do ours more or less straight away when we get there, as soon as he passes the KOL, although I have read of people having issues booking an appointment for earlier applications as "computer says no" when you try to book if you are more than the 28 days before your visa expires.

I looked at the set(m) form, it doesn't look quite so involved as the original application (or maybe I am just hoping )

All we need now is to sell our house :frown:, patience is wearing thin.

[wakeboard1980]

Hi alima68 , did you pass the KOL test before you applied for your visa ?, We are in the same boat, i am Australian , my wife is British, we tick all the boxes in Scottydog's comment, accept passing the KOL test ( which you can only do in the UK ).

 

I received a 27 month visa, ILE ( KOL required) . still trying to sell our house ( that's a different story ) . But once we get to the UK , the plan is to do/pass the KOL test right away ( there is an iphone app for this to practice )and then immediately apply for the ILR , if you do have this type of visa ( ILE KOL required) you do not have to wait the 2 years before you can apply for an ILR , of course you have to pay another application fee . The confusing part is that the application form is the same as if you where 2 years in the country and some of the requirements are therefore unachievable .

 

It's all part of the adventure

 

 

--Going back after 20 years in OZ--

 

Can you tell me what the iPhone app is called?

 

Thanks

[alimay68]

I shall have a look at booking in the KOL ...

 

Hope you get a buyer soon, but surely it can't be as bad as here? I noticed the other day, a house had a sold sticker on it after being on the market for two years (I remember it from when we were looking this time two years ago!).

Hi alimay68, glad you finally got the correct info, they do hide it well, at least now you can get on with the application.

We are really hoping we can do ours more or less straight away when we get there, as soon as he passes the KOL, although I have read of people having issues booking an appointment for earlier applications as "computer says no" when you try to book if you are more than the 28 days before your visa expires.

I looked at the set(m) form, it doesn't look quite so involved as the original application (or maybe I am just hoping )

All we need now is to sell our house :frown:, patience is wearing thin.

[alimay68]

Try this?: http://lifeintheuk.net/index.php/iphone_app

 

or do a google search for "life in the uk test iphone app"

 

Can you tell me what the iPhone app is called?

 

Thanks

[RandL]

Try this?: http://lifeintheuk.net/index.php/iphone_app

 

or do a google search for "life in the uk test iphone app"

 

 

i am using this one :

 

http://itunes.apple.com/au/app/official-life-in-uk-citizenship/id410017651?mt=8

 

 

i believe this is the official one .

[MelbYork]

Am new to this forum, and have spent a sunny Saturday reading each and every post on this thread (yup, all 48 pages). Does anyone have any updates on how their application for a spousal visa is going?

 

I submitted my paperwork on 29th February (with my Platinum Express Post satchel received 1st March), but haven't actually received an email from anyone confirming actual receipt of the documents. Should I be worried about this? I also didn't have my husband's passport photocopy notorised, and realise I probably/definately should have. So I'll have to email him in Thailand (where he's enjoying our honeymoon while I play the waiting game) to go to the UK embassy there to get it done, and post it off to Oz.

 

Happy times.