just_the_two_of_us

I would appreciate some information on returning to the UK with a foreign spouse. Our situation is as follows:

My wife and I are both in our twenties and we met in the UK whilst in university. She is Malaysian and moved back after completion of her degree in August 2004 (we are both in healthcare). She came back in March 2005 under a marriage visit visa solely for the purpose of getting married in the UK and not settling down. She was granted the visa without a hitch. After the wedding, I moved to Malaysia and we've been here until now.

Due to the difficulty of obtaining a work permit for me (it has to be renewed yearly and a mountain of paperwork is involved) and me being homesick, we are thinking of returning to the UK in the near future.

My questions are:

1) Is it relatively easy to apply for a settlement visa? I have been to the UK visas website and have seen the forms, etc. but I want to know if there are any hidden complications anyone has faced?

2) We don't own any property and are planning to move back in with my parents. Will this pose a problem with the visa application? We have tried enquiring but have not recieved any answers.

3) How long before she can work and/or be eligible for NHS etc?

I would really appreciate any feedback!

cheers , Mez

FlyergirlUK

On a spousal visa she will be able to work and use NHS services immediately. She will have to apply at the job centre for a NI number - they are not granted automatically upon entry or anything. You will both need to register at your local health centre/doctor's surgery.

brussels_sprout

You just pay the 400 pounds equivalent to the embassy, and as long as everything is OK your wife will get the Visa. The wives visa has been been abused in recent years by "Forced" marriages in places like Pakistan, mainly to daughters of Pakistani origin with British passports; i AM SURE THAT YOU WILL HAVE NO PROBLEMS? just prepare letters from your parents, bank statements showing you have enough money etc

FPM

We got Yoosun's visa no probs. We were married here (both Oz citizens, with her being originally Korean). We made out all the forms (about 9pages, nothing dramatic) went to Canberra and paid AUD$700, which got her a 2yr Settlement Visa the same day. Full work rights, NHS etc (no benefits), after that it gets reviewed and turned into PR if they are happy. I think if you have been married 5yrs or more you can get PR straight away.

Upon arriving at Heathrow the Customs guy said because normally she'd need a full medical upon arrival but because she was an Oz citizen they waived that. Also said if she left the country and came back on her own (for a holiday or whatever) she'd be allowed to queue in the residents queue.

Silverdragon102

just want to say that at the moment there are layoffs within the NHS and not many jobs going, many health care workers are finding themselves having to apply for a job they are already doing or newly qualified nurses coming out with no job. Best look at the nursing times at www.nursingtimes.net especially job section.

Good luck

Serenity

When hubs (US) and I moved back to the UK we had my parents address as where we would be living, they had to send proof it was okay to do so, for them it was proof of ownership but it can also be a letter from landlord, plus a letter from my parents saying it was okay. The idea is that it's supposed to be temporary and we were living in our own place by the time he applied for ILR,

farnhamcastle

Main issue is that you have to show that you have "no recourse to public funds"

In other words, you have to be able to prove that you can financially survive without claiming benefits, and that you have somewhere guaranteed to stay.

You initially get a 12 month "spouse visa", which is "upgraded" to Indefenite Leave to Remain in the UK (sometimes requires an interview). Spouse visa allows you to work, indefinite leave to remain entitles you to benefits.

After 3 years of living in UK, if still married, you can apply for naturalisation at a Brit. Lots of paperwork and translations and notary stamps required, plus, of course the citzenship test.

One thing worth noting - while applying for "indefinite leave" all your documents and your spouse's documents will be tied up at the Home Office for up to 3 months, so don't do it when you're intending to go away!

FPM

Some of this doesn't add up. We applied for Yoosuns visa Dec 9th 05 so maybe stuff has changed (maybe it's different in Oz?) but basically you get a 2yr Settlement Visa (not a spouse visa, but it's qualified for through being a spouse or defacto, but there are more hoops to jump through if you're not married).

You will have to do the same as you have not been married for the 5yr (or 4, can't remember) minimum that allows a spouse to get PR from the first application.

The visa is for 2yrs, then if they are satisified you can apply for PR. So the time you'd need to spend in the UK is 5yrs before you could even apply for citizenship, and in some cases they extend the settlement visa for a further 2yrs, so it could be 7yrs before becoming a citizen.

The visa is stamped 'No Recourse to Public Funds' the in smaller letters it says 'multiple entry'. As stated in my earlier post, all very easy, cost was AUD$700 and we got it on the day ( I think we had 3mths to travel).

I did forget about the domocile thing though, we got a letter from my Dad saying we could stay at his palce rent free, etc etc. It also helped that I could show my UK driving licence as the same address as my parents house.

It's not hard, but what we got was a very different timeframe and terminology than is outlined above.

FlyergirlUK

It was my understanding that if you have been married less than four years you are only eligible to receive the FLR, (which my Hubby has) which is good for two years.

28 days before the visa expires you have to apply for your ILR.

After holding ILR for one year you can then apply for British citizenship.

This equals 3 years as a British resident, (as well as meeting all other requirements) before you can apply for citizenship.

For those on other visas the minimum is 5 years including 1 year as an ILR though there was some talk about making that length of time longer.

FPM

Oh ok, maybe they told us wrong (we had to pay $$$$ just to talk to them on the phone!) she definitely said to me that the 3yrs ILR (what I'm calling PR) was in addition to the 2yrs Settlement Visa, but maybe that's not true. Everything about our Settlement Visa is 100% accurate though as we only did it a year ago.

Unfortunately we weren't in the uk long enough to put either to the test

pennylessinindia

http://www.ukresident.com
http://www.immigrationboards.com

Both these sites will answer your questions and the folk are very help and know what they are talking about!!
.

JAJ

Which is definitely wrong - the 2 years is included in the 3 years.

FPM

I see, well, she was an Aussie So basically I paid $1 per min on the phone for crap info?

just_the_two_of_us

Hi! Thanks everyone for all the useful information. I just wanted to confirm a couple of things. In Malaysia now, we would be applying for a spouse/settlement visa (costs RM 1800, equivalent of approximately 250 pounds) and this would allow my wife to work straight away for a period of 1 or 2 years, and then she would apply for indefinate leave to remain. If she chooses to give up her Malaysian citizenship, she could apply for citizenship after 3 years, if not, just remain permanently on the 'indefinate leave to remain' visa?
Hope it all makes sense. Correct me if I'm wrong!

JAJ

That's about right (spouse visa is valid for 2 years). Remember that indefinite leave to remain can be lost in certain circumstances, eg moving out of the UK.

And while Britain wouldn't make her give up her Malaysian citizenship in order to naturalise, Malaysia generally revokes the citizenship of those who naturalise elsewhere.

Under new rules from 2 April 2007, the Life in the UK Test will be a requirement for indefinite leave to remain.