Confused about which visa type to select on Visa4UK
 

Hi all

am trying (rather unsuccessfully) to apply for a spouse visa for my New Zealander partner (and our son) to return with me to the UK in August. We fulfil all the requirements etc. for a family visa.

We're having trouble with the visa website - Visa4UK.fco.gov.uk. The visa options given don't seem to match up with all of the information we've read online (on the gov.uk site). I am assuming when you apply that this is called a 'Settlement" visa type rather than the 'Family' option? Does this give the spouse/partner the right to work in the UK?

Thanks in advance for any guidance.

Re: Confused about which visa type to select on Visa4UK
 

Yes to both

Re: Confused about which visa type to select on Visa4UK
 

Settlement>Settlement>Husband or Settlement>Settlement>Wife (or Settlement>Settlement>Unmarried Partner if you are not married). You should obtain your son's British passport if you haven't done so already before making the application. A spouse/partner visa gives the right to work in the UK.

Re: Confused about which visa type to select on Visa4UK
 

Thank you this is helpful. Incredibly unclear language on the UK site for something so important. I was also confused by the language on the VAF 4A Appendix 2 form.

We are also returning to the UK (me UK citizen left 20 years ago, her USA - never lived in UK, 3 kids all UK citizens).

Below is the language from Appendix 2. As far as I can see none of these apply to me as I am not settled in the UK. So if this is the incorrect Appendix, then which is the correct one?

And I don't need the SU07 form as she is not applying as a Dependent Relative of someone in the UK right?

YOU SHOULD COMPLETE THIS FORM IF YOU WISH TO COME TO THE UK AS: • The spouse or civil partner of someone settled in the UK; or • The child of a parent who is applying for entry clearance as a partner or the child who is applying to join their parent who is already in the UK and has been granted limited leave as partner granted under the Immigration Rules in force on 09 July 2012; or • The fiancé(e) or proposed civil partner of someone settled in the UK; or • The unmarried or same sex partner of someone settled in the UK; or • The Post Flight family member (spouse or civil partner, unmarried or same-sex partner, fiancé(e) or proposed civil partner) of someone with limited leave to enter or remain in the UK as refugee or is the beneficiary of humanitarian protection; or • The Post Flight family member (spouse or civil partner, unmarried or same-sex partner, fiancé(e) or proposed civil partner or child) of someone with limited leave to enter or remain in the UK as a refugee or is the beneficiary of humanitarian protection. IF YOU ARE NOT COMING TO THE UK UNDER ONE OF THESE CATEGORIES, YOU ARE COMPLETING THE WRONG APPENDIX.

This is new territory for me, I am usually able to navigate this kind of stuff without too many issues but this whole process has me stumped.

Cheers,

-Neil

Re: Confused about which visa type to select on Visa4UK
 

It is badly worded. You, as the British citizen, are regarded as being settled, from an immigration point of view, as soon as you set foot in the UK. Your spouse is regarded as 'joining you' in the UK.

You do need to complete Appendix 2 for a settlement visa.

Re: Confused about which visa type to select on Visa4UK
 

You don’t need to complete Form SU07.

Re: Confused about which visa type to select on Visa4UK
 

Thanks to you both!

Re: Confused about which visa type to select on Visa4UK
 

SU07 has to be completed by the returning British spouse, as he/she will still be 'sponsoring' the non-British spouse through the route to ECP, FLTR, until ILR.

Many of the immigration rules are couched in unclear language but what is clear is that the non-British spouse can only be sponsored by a British citizen, support without recourse to public funds. Therefore, an SU07 which is the oath regarding this is certainly needed and must accompany Appendix 2.

Re: Confused about which visa type to select on Visa4UK
 

That's not correct. Form SU07 is to be completed by the sponsor of a dependent adult, e.g. elderly parents. It is not required to be completed by the sponsor of a spouse.

Re: Confused about which visa type to select on Visa4UK
 

It is not required For the sponsor of a spouse, it is required to be completed BY the sponsor of the spouse. I had/have to fill out one for my wife, who is an adult. And yes, before you ask, I am legally qualified, and this is also the view of the lawyer who did my first application.

Re: Confused about which visa type to select on Visa4UK
 

You're wrong.

Re: Confused about which visa type to select on Visa4UK
 

But he/she is legally qualified. And used a lawyer. So must be right.
:lol:

Re: Confused about which visa type to select on Visa4UK
 

This is at least the second time you've set yourself as to be a 'legally qualified' person with great knowledge of immigration matters - but have been completely in error.

Re: Confused about which visa type to select on Visa4UK
 

Since I completed law qualifications at University, I would say that makes me legally qualified. I never said I had 'great knowledge' of immigration law (somehow your mind made up that 'fact'), but considering that my current study is OISC at level 3, (highest level) I guess that makes me more knowledgeable than most. Note: I am not saying I have all the answers, so don't let the ideas in your head 'become fact'.

Even if I am wrong on the SU07 form, and nothing in the Immigration Rules or Guidance suggests I am, won't it be safer for the applicant to submit one and not need it than to not submit one and have an invalid application without it?

Re: Confused about which visa type to select on Visa4UK
 

If you are not an Imm lawyer please stop saying you are ‘legally qualified’. Also please check and double check the facts before posting. Thanks

JERSEYGIRL
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