Picnic

I believe this is the process: your wife visits the UK, sits the LITUK test and passes it, then returns to where you live and applies for the settlement visa. Once the settlement visa is granted you then move to the UK.

mayhemuk

Not true. We've applied for and got our ILR and we've been back since July.
Our rational is the prices have gone up so much since the last time we were here why wait for further increases.

You are correct about applying within 3 month window of your planned departure. We just missed the current priority processing option for ILE and ours to about 10 weeks via LA.

mayhemuk

Whatever you do don't do that!!!!
It is all in the thread what you need to do but you must READ it not skim it!

In order for your wife to live in the UK she needs a settlement visa before you move.
You're after form SET(M) from the UK Border Agency site.
This provides her with the visa to ENTER the UK. Initially for a period of up to 27 months.
Beyond that you need to apply to REMAIN in the UK (Indefinite leave to remain)
This you do while you are here.

Because you have planned this for NOV 2011 you have some time.
What you might do if you were planning a trip here between now and then is to take the LITUK test.
If this is taken and passed prior to applying for the SET (M) it can help you transition straight to the ILR (So you skip ILE)

We did not have the opportunity (or cash) to make a trip and do the test. Hence we have had an ILE (forget how much it was) and now have the ILR which cost £850.

So taking the LITUK test has the potential to save you the ILE step and it's associated fee. Is it worth the air fare etc just to do it???? Is up to you.

Good Luck

DigitalGhost

My girlfriend (Japanese) is now on FLR(M) which is the equivalent of the old spousal/common law partner visa after living with me in the UK for 2 years on student status.

We had read all of the horror stories on immigrationboards but to be honest, and I'm not being racist here in any way, there seems to be a common recurring theme with a lot of them and other than the relatively high application cost we didn't really have any trouble at all.

We'd prepared for the worst so we took a trip to see her parents for a couple of weeks because we weren't sure how long the UK BIA would keep our passports and what kind of grilling we could expect over the forthcoming months but as it turned out there was no interview, they called her in for biometrics after 1 month and it only took 6 weeks inland to get our passports back and her new ID card. They get 2 years at first and then they can apply for PR immediately afterwards as long as you're still together etc. If you're married then the process is apparently even quicker and easier but obviously you can't apply inland if she is in the UK as a tourist.

DigitalGhost

Also have to agree with the posts on here advising against winging at the border, it won't work. UK immigration has changed rapidly over the last couple of years and where we were once the 'soft touch' country in that department, all of the officers are now instructed to be as vigilant as possible and have a very low tolerance for bullshit.

When we came back in a couple of months ago we were questioned fairly heavily (as I always go through the 'other passports' section with her now) and I think the only reason why we weren't then pulled to one side is because we'd done our homework and could tackle every question with a straight face and a straight answer and she had around 2 weeks left on her current visa so techically we weren't even doing anything wrong.

Schbang

[QUOTE=mayhemuk;9001028]We've applied for and got our ILR and we've been back since July. Our rational is the prices have gone up so much since the last time we were here why wait for further increases.


Ok, thanks for the correction, out of interest I take that avoiding the risk of further visa price rises was the only reason to convert so soon, as I understand that technically there are no benefits in holding an ILR over an ILE, other than the expiry date of the ILE, correct?

Also, to clarify, you were able to apply for the ILR so soon after arriving, because you had already been married for 4 years?

mayhemuk

Yes and Yes!

manny1980

Yours and Picnic's (username) idea so far has been the clearest for me. Thank you very much

Ironically, both my wife and I just visited UK a month ago and have no plans to visit there again. For us, we don't think it being a cost-effective idea as trips usually can cost easily around $1500-$2000 in total.

We both have been married for nearly 7 years (in Feb 2011) and from your suggestion, we would require to apply for her settlement visa. I am pretty sure that for a couple married for 7 years when fulfilled all the requirements for settlement visa then does not require any more formalities to complete. So the LITUK probably does not even apply to our situation and more for people married for less than 4 years.

moving shortly

You may have more trouble getting the cat into the UK than the wife! See time limits and what you should be doing now at ww2.defra.gov.uk wildlife and pets section this is the new site or if you google Department for Environment Food and Rural affairs. It will give advice re rabies and transport.

manny1980

True on what you said I was quite confused with this Life-In-The-UK Test, which now I have realized is beneficial for couples married for less than 4 years.

About our kitty...you may be correct but I do feel more little positive about taking her with us as we should be able to get her chipped and relevant shots. I assume in the 6 months period we can keep our cat with us than have her quarantined. Our cat is very scary type so we are hoping she will manage the trip fine.

robin1234

This is not correct. She will still need to complete the Test!

manny1980

Since we are not living in the UK and for this test one has to be in the UK so she cannot sit this test until we move there (or of course go on a holiday)/

I understand in our case, being married for 7 years, we have to first get her settlement visa OUTSIDE the UK and once we get that, immigrate to the UK and then she can sit this test (?).

I assume (and hope) that there is no limitation in opportunities she can have to pass this exam? I am sure she should be able to pass this at 1st opportunity but getting the settlement visa is likely to be the biggest hurdle.

robin1234

As I posted earlier, there is apparently a 70% pass rate.. so I assume it is relatively easy but the candidate really would be advised to read the book! And yes, you can take it as many times as you need.

john5655

Manny

please, please IGNORE the entire post by mayhemuk, it is so full or errors it will cause confusion to you and anyone else reading this thread

I'm sorry, but you have not been reading my posts, you are misunderstanding so many things, have you seriously researched the UKBA website? how about the life in UK website? it seems not

http://www.ukvisas.gov.uk/en/howtoap...ettlementguide

http://www.lifeintheuktest.gov.uk/ht...ground_10.html

manny1980

Thanks John!
Is Life-in-the-UK test essential for us at this stage? For us getting settlement visa is the priority as we are not in the UK and I understand Life-in-the-UK test is only possible once my wife has successfully obtained Settlement visa. I have been to the ukvisa.gov.uk website which, although is a little confusing as it covers all types of visas option not just spouse based, but is very informative.