Andrew79

Ok. Here's another one. First, sorry if this has been posted by someone else but I can't seem to find it.

From the time a visa is granted, how long do you have to enter the UK:
1) Under the new rules;
2) Under the old rules.

I heard something about 3 months before, but what if you were to enter after 3 months?

So grateful for any help.

ldollard

I'm pretty sure under new rules from date of visa in passport you have 3 months, if you don't go within 3 months the visa is invalid.

WEBlue

Hmmm, I think the reality may be a bit different, though this advice is good. I don't think the visa becomes invalid. But...the spouse/partner visa given outside the UK is supposed to be 33 months long, i.e. two and a half years plus three extra months. The idea is that you need to live in the UK for 5 years total to get ILR, and that this is broken down into 2 visas of 2.5 years each, your entry clearance visa + the second LTR visa (which is valid for 30 months).

So...if you enter the UK more than 3 months after the start date of the initial spouse visa, you mess up your time frame for achieving ILR.

However, you can ask for the initial spouse visa to be post-dated 3 months ahead of time, i.e. three months ahead of the approval date of the visa.

Here's a recent thread that discusses just that:
http://britishexpats.com/forum/showt...php?p=10462031

ldollard

I'll try and track it down, but i'm pretty sure I read on the UKBA website that the visa is simply invalidated after 3 months and you'd have to start the whole process again.

pennylessinindia

It would not be invalidate, but as others have said may mess up the timescales for the next extension and be costly too. If something drastic happens you can sometimes ask for a change of dates on your visa but has to be pretty drastic like say delivering a baby or being unwell.

IOs may also wonder if your circumstances have changed as 3 months is a long time, most folk jump on the plane asap when they get it!!!

ldollard

Ok I wanted to clarify this, I spoke to the immigration solicitor and she said, it doesn't expire but just adds the need for a second visa to complete the full 5 years residency, as you said above.

Panhandle

From my understanding, if you fall short of the 2.5 yrs needed to apply for the second stage of the visa to allow you to complete 5 yrs, you can go for an extension of the first visa, though this application is not cheap and also the rules do state that you must complete a certain period of continuous time in the uk, you cannot simply extend visa for periods that suit you ie you must show commitment to the UK.

WEBlue

Yes, from what I understand, the entry clearance visa doesn't expire until the "expiry" date, which--on the spouse settlement visa as issued now--is 33 months from the start date.

So theoretically the visa-holder could wait many months or even a year to enter the UK and activate that visa. But of course the consequence of that is it would mess up the schedule of the residency period for ILR, and ILR is necessary for citizenship.

Right now, the way it's set up, the entry clearance visa-holder has 3 months' "grace period" to enter the UK, activate the spouse visa, and stay on schedule for ILR in 5 years. (That is, unless the spouse visa is post-dated...Then there's up to 3 months more time, or almost 6 months slack maximum.)

Montreal-UK

My husband and I are applying for his settlement visa soon. We're thinking we can't put the house on the market until he's got the visa, although we are lucky enough to say we easily meet the financial requirements. Do those returning with non-EEA spouse not usually wait to get the visa before they sell the house? This would mean hanging around a bit...

ldollard

Personally I wouldn't do anything until your visa is approved and its in your hands.