nataliemclean

Hi everyone,
fantastic website I have found so much useful information. I am currently in Australia about to apply for a spousal settlement visa for my kiwi husband. I am a UK born citizen living overseas.
1. We have been together 10 years + were married in Oct 2008 so not quite 4 years. Based on time living together being 10+ yrs are we able to apply for ILE with kol req? I have evidence dating back to 2002 from we first started living together.

2. As we are applying from Oz has anyone recently processed a visa via the Manilla hub & got it done quick?We are submitting our application online saturday & hope to have it approved before any immigration changes take place. Time frames are pretty long with most done within 3 months. Any have ideas on how to speed it up?

3. If we get ILE with a KOL req do we have to enter within 3 months as we may have an opportunity to make some good money in the next 6 months here in Australia so may not want to enter straight away,I read on a recent forum post that you can enter up to 27 months after providing you explain why?Have a I totally mis read that?

Thank you so much, any help would be much appreciated.
Kindest regards,
Natalie

roaringmouse

The rules for spouse & civil partners for this are found in Paras 281 & 282 whereas the rules for this with unmarried & same-sex partners are in Paras 295A & 295B. They are separate with no reference to each other, and from what I can tell no allowance for those who have since either got married or formed a civil partnership, as appropriate.

Unless someone with knowledge of a case similar to yours comes along, then I would suggest asking an OISC registered immigration solicitor. A few of them do reply to posts on the UK Resident forums.
Whether or not the visa is approved before the changes take place, your husband's application will be decided on the current rules as that is based on the application date, not decision date. Of course, if it is the standard visa that is granted (not with the KOL Req endorsement) then the rules might have an effect on the 2nd stage - but we don't know if it would just yet.

When my wife applied for a spouse visa towards the end of last year it was in the hands of the Manila hub for about 3 or so weeks.
There is no date you must enter by, except the end date of the visa. However if you delay entry you may get more questions at the border, finding out if your situation has changed at all (relationship, accommodation, money, possible work etc). If you do manage a KOL Req endorsement, then I would suggest getting over there and your husband take the Life in the UK test as soon as possible and get ILR. You are currently allowed up to 2 years absence with ILR and still retain that when returning to live.

nataliemclean

Thank you so much for your reply.I am hoping that given I have an overwhelming amount of evidence to prove our relationship is genuine dating back to 2002 they will give me the KOL req endorsement with ILE. We have been married 3.5 yrs but can't wait till its been 4 just incase the rules change by then. I am submitting the application online today so hopefully can get a biometrics appointment in Perth pretty soon & then get the evidence posted out to the Sydney hub for Manila. Good to hear your took 3 weeks I just hope ours is as quick.
Just hope no changes happen today incase I can't get it done online. Just out of curiosity would the application date be the date the evidence is received in Manila or submitted online?
Once again thanks for your reply it is much appreciated!!!!

roaringmouse

No changes will happen today, there needs to be a Statement of Change laid before Parliament first - the last one of these changing some immigration rules was in mid-March and came into effect on 6th April so there's some lead time before it becomes law.

This page on the UKBA website has the question (at the bottom) "What is the date of your application if you are applying from outside the UK". The answer is: The date of your application is the date when your application fee is paid to us. This will be the date shown on your payment receipt, which depends on how you paid for your visa application - for example, at a visa application centre or online.

So basically it's when you've completed the online part including paying for it.