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Questions on applying for settlement visa for my American wife
Hello everyone:
I am new to this site and decided to join this forum after reading various supporting and helpful threads. I have couple of questions which I would really appreciate someone can provide answers: a) I am a British citizen (with Dual US nationality) planning to move back to the UK in late Oct/Nov. 2011 with my wife,who is an American citizen. We would like to know if its okay if we apply for her settlement visa now? i.e is there a minimum time requirement before we can apply for her settlement visa? We would prefer it earlier as we would like to get this aside quickly as we find this most stressful part of all the process in moving back. We are also concern how difficult/easy it would be for her to get settlement visa there with all the concerns with immigration in UK where there are media reports of reducing family visas. :unsure: b) Also, we have an adorable kitty who we would like to bring with us. She has a anxious temperament and is a senior in kitty age (around 10) but we want to explore options to bring her along with us than leave her here with my in-laws. Can anyone suggest any website or a place that assist in going through requirements for bringing our kitty with us? Thank you and I hope someone will reply to me :) |
Re: Questions on applying for settlement visa for my American wife
as I understand you cannot apply for your settlement (Indefinite Leave to Enter) visa until 3 months prior to your intended travel date, as it will be issued for 27 months, and once you are 24 months into the visa, but not before, you can apply to Indefinite Leave to Remain (ILR). Unless you have been married for 4 years already and are planning for an advance trip to the UK in order for your wife to sit her Life in the UK Test, so that you can go straight for the ILR visa...
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Re: Questions on applying for settlement visa for my American wife
Schbang is correct in a way
there are two possibilities if you have been married for 4 yrs or more and have lived outside of UK during this time, your wife's settlement visa will be different the best case scenario, given you have a long lead in time, is to get your wife to visit UK and take the Life in UK test before applying for the settlement visa (can only be taken in UK), then she'll get automatic Indefinite Leave to Enter UK with no limit on your arrival date and it's valid for life provided your wife does not leave UK for more than two years without the LITUK test, your wife will only get a 27-month visa, even if married for more than 4 yrs etc, but there is no restriction on when you can land, but at the time of application you can request that the visa is not issued for up to three months after approval of course, it is not a good thing to get the visa issued and not land in UK until a year later as your wife will not be able to fulfill the 24-month probation period which, combined with the LITUK test result, will then qualify her for Indefinite Leave to Remain, so she'll need to apply for an extension of her visa to get in the two years HOWEVER, if you have been married for 4 yrs or more and have lived outside of UK during this time, then your wife can take the test as soon as she arrives in UK and if she passes she can IMMEDIATELY apply for ILR, no need for the two-years probation, so a one year delay in arrival is academic no worries about quotas, they won't refuse spouse visas on basis of quotas!!! |
Re: Questions on applying for settlement visa for my American wife
Thank you for your replies!
Yes, I have now been married for over 6 years now, in fact will be 7 years in Feb 2011. We both have lived together outside the UK since our marriage although she has visited UK with me around 4 times since we got married. We both are planning to leave the US together. I have never heard of LITUK test before until now. My impression was that we have to apply for her Settlement visa OUTSIDE the UK. So, can you please clarify what kind of visa should she apply prior to visiting UK as I am not sure if tourist visa can be used for this scenario or there is a special visa she must apply to enter UK and then sit this test? |
Re: Questions on applying for settlement visa for my American wife
there is lots of info on this in the Wiki section of this site http://britishexpats.com/wiki/Spouse_Immigration-UK
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Re: Questions on applying for settlement visa for my American wife
Originally Posted by manny1980
(Post 8999036)
Thank you for your replies!
........ So, can you please clarify what kind of visa should she apply prior to visiting UK as I am not sure if tourist visa can be used for this scenario or there is a special visa she must apply to enter UK and then sit this test? Other information resources include; Transpondia, a treasure trove of information about UK immigration, and the UK Yankee site which has a Visa & Citizenship forum. Here's Transpondia's very simple flowchart for family migration (your situation is represented by the box at the very bottom left, I think..) |
Re: Questions on applying for settlement visa for my American wife
Originally Posted by Schbang
(Post 8999067)
there is lots of info on this in the Wiki section of this site http://britishexpats.com/wiki/Spouse_Immigration-UK
I did look at it but there is not much information on for an individual married to a UK citizen, outside UK for more than 4 years. There was a comment on an individual coming to the UK as a tourist and then sitting Life in the UK test but it does not seem that straightforward. I assume for my wife best option would be to apply for Settlement Visa outside the UK than come to the UK as a tourist and sit the Life in the UK test? |
Re: Questions on applying for settlement visa for my American wife
Originally Posted by manny1980
(Post 8999280)
Thanks for this link.
I did look at it but there is not much information on for an individual married to a UK citizen, outside UK for more than 4 years. There was a comment on an individual coming to the UK as a tourist and then sitting Life in the UK test but it does not seem that straightforward. I assume for my wife best option would be to apply for Settlement Visa outside the UK than come to the UK as a tourist and sit the Life in the UK test? |
Re: Questions on applying for settlement visa for my American wife
Originally Posted by robin1234
(Post 8999359)
Probably best to take, and pass, the test first. I believe there is no time limit on using the test result.
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Re: Questions on applying for settlement visa for my American wife
Originally Posted by manny1980
(Post 8999740)
Take the test in the UK on a tourist visa (which I find some what confusing I thought one cannot use tourist visa for getting immigration?) or you meant take the test outside the UK?
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Re: Questions on applying for settlement visa for my American wife
Manny
the so-called wiki links on this forum are too basic I've been though all of this with my wife a few months ago, similar to your circumstances you of course must apply for the visa outside of UK, but you can only take the LITUK test in UK, the test is not essential to getting a settlement visa, it just makes life easier taking it whilst visiting UK as a tourist is OK you wife only need apply for a settlement visa for a spouse married to a UK citizen (standard online form VAF4A), the UKBA will automatically provide you with the appropriate endorsement you can always PM me if you want any further advice |
Re: Questions on applying for settlement visa for my American wife
Originally Posted by john5655
(Post 8999919)
Manny
the so-called wiki links on this forum are too basic I've been though all of this with my wife a few months ago, similar to your circumstances you of course must apply for the visa outside of UK, but you can only take the LITUK test in UK, the test is not essential to getting a settlement visa, it just makes life easier taking it whilst visiting UK as a tourist is OK you wife only need apply for a settlement visa for a spouse married to a UK citizen (standard online form VAF4A), the UKBA will automatically provide you with the appropriate endorsement you can always PM me if you want any further advice Thank you for your message. I was unable to send you a PM because of some admin restrictions on newcomers? Anyway if I got what you said correctly: My wife must apply for a visa outside the UK--> Is there a specific type of visa we should apply in the US before leaving for the UK? LITUK can only be taken in the UK--> What is the advantage of sitting this test than applying for settlement visa outside the UK? I am a UK citizen and the only information I got from UK Govt. visa website is for my spouse she should apply for settlement visa outside the UK prior to leaving US. That is why I am so confused with helpful suggestions provided here. |
Re: Questions on applying for settlement visa for my American wife
Originally Posted by paula1980
(Post 9000029)
LITUK can only be taken in the UK--> What is the advantage of sitting this test than applying for settlement visa outside the UK?
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Re: Questions on applying for settlement visa for my American wife
Originally Posted by john5655
(Post 8998998)
no worries about quotas, they won't refuse spouse visas on basis of quotas!!!
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Re: Questions on applying for settlement visa for my American wife
So from what I have read here so far, the easiest and cheapest option for my wife to able to get UK immigration is to move to the UK on a tourist visa and then sit the Life in the UK test...that is it?
It just sounds so straight-forward but...I hope this is a lawful way to obtain this visa as my wife & I don't want to ruin the chance of her getting immigration to the UK. |
Re: Questions on applying for settlement visa for my American wife
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.
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Re: Questions on applying for settlement visa for my American wife
Originally Posted by Schbang
(Post 8998760)
and once you are 24 months into the visa, but not before, .
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. |
Re: Questions on applying for settlement visa for my American wife
Originally Posted by manny1980
(Post 9000798)
So from what I have read here so far, the easiest and cheapest option for my wife to able to get UK immigration is to move to the UK on a tourist visa and then sit the Life in the UK test...that is it?
It just sounds so straight-forward but...I hope this is a lawful way to obtain this visa as my wife & I don't want to ruin the chance of her getting immigration to the UK. 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 |
Re: Questions on applying for settlement visa for my American wife
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. |
Re: Questions on applying for settlement visa for my American wife
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. |
Re: Questions on applying for settlement visa for my American wife
[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? |
Re: Questions on applying for settlement visa for my American wife
Yes and Yes!
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Re: Questions on applying for settlement visa for my American wife
Originally Posted by mayhemuk
(Post 9001052)
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 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. |
Re: Questions on applying for settlement visa for my American wife
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.:thumbsup: It will give advice re rabies and transport.
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Re: Questions on applying for settlement visa for my American wife
Originally Posted by moving shortly
(Post 9001489)
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.:thumbsup: It will give advice re rabies and transport.
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. |
Re: Questions on applying for settlement visa for my American wife
Originally Posted by manny1980
(Post 9001615)
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.
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Re: Questions on applying for settlement visa for my American wife
Originally Posted by robin1234
(Post 9001671)
This is not correct. She will still need to complete the Test!
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. |
Re: Questions on applying for settlement visa for my American wife
Originally Posted by manny1980
(Post 9001802)
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. |
Re: Questions on applying for settlement visa for my American wife
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 |
Re: Questions on applying for settlement visa for my American wife
Originally Posted by john5655
(Post 9002125)
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 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. |
Re: Questions on applying for settlement visa for my American wife
Manny
the LITUK test or other proof of LITUK is compulsory for all settlement visas unless the applicant is exempt (see quote below) my wife took and passed the test whilst we were visiting UK for a holiday she then applied for her settlement visa (using the online form VAF4A) because she had already passed the test and because we had been married for more than four years and living outside of the UK during that time, she was given the Indefinite Leave to Enter visa this saves a lot of money in UK visa fees (more than the return airfare back to UK to take the test!!!) without the test your wife will only get a 27-month limited entry visa she can then take the test in UK and hopefully pass before the end of the initial entry visa, whereupon she can apply for her Indefinite Leave to Remain visa (using the SET(M) form) Knowledge of language and life in the United Kingdom 33B. A person has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom for the purpose of an application for indefinite leave to remain under these rules if - (a) i) he has attended an ESOL course at an accredited college; ii) the course used teaching materials derived from the document entitled "Citizenship Materials for ESOL Learners" (ISBN 1-84478-5424); iii) he has demonstrated relevant progress in accordance with paragraph 33F; and iv) he has attained a relevant qualification; or (b) he has passed the test known as the "Life in the UK Test" administered by an educational institution or other person approved for this purpose by the Secretary of State; or (c) in the case of a person who is the spouse or civil partner or unmarried or same sex partner of: i) a permanent member of HM Diplomatic Service; or ii) a comparable UK-based staff member of the British Council on a tour of duty abroad; or iii) a staff member of the Department for International Development who is a British citizen or is settled in the UK, a person designated by the Secretary of State certifies in writing that he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom for this purpose. 33C. In these Rules, an 'accredited college' is: (a) a publicly funded college that is subject to inspection by the Office for Standards in Education, Children's Services and Skills (if situated in England), the Education and Training Inspectorate (if situated in Northern Ireland), Her Majesty's Inspectorate of Education (if situated in Scotland), Estyn (if situated in Wales); or an inspection programme that has been approved by the Island's Government (if situated in the Channel Islands or Isle of Man); or (b) a private college that has been accredited by Accreditation UK, The British Accreditation Council (BAC), the Accreditation Body for Language Services (ABLS), the Accreditation Service for International Colleges (ASIC). 33D. In these Rules, a 'relevant qualification' is: (a) an ESOL qualification in speaking and listening which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation (Ofqual) under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 and is determined by Ofqual as being at Entry Level; or (b) one National Qualifications Unit in ESOL at Access 2, Access 3 or Intermediate 1 Level approved by the Scottish Qualifications Authority. 33E. In these Rules, a 'suitably qualified person' is a person who is deemed suitably qualified by the institution in which the assessment is undertaken. 33F. An applicant has 'demonstrated relevant progress' if he meets the requirements of paragraphs 33F (a) or (b). (a) The requirements in respect of a relevant qualification awarded or authenticated by a body which is recognised by Ofqual under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009, are that the applicant provides evidence to the Secretary of State that: (i) prior to his commencing a course of study leading to a relevant qualification an ESOL assessment was undertaken by a suitably qualified person to assess his level of English language ability; and (ii) he has successfully completed a course of study leading to a relevant qualification; and (iii) having been assessed in accordance with paragraph (i) as being below Entry 1, he has attained a relevant qualification at Entry 1, 2 or 3; or (iv) having been assessed in accordance with paragraph (i) as being at Entry 1, he has attained a relevant qualification at Entry 2 or 3; or (v) having been assessed in accordance with paragraph (i) as being at Entry 2, he has attained a relevant qualification at Entry 3. (b) The requirements in respect of a relevant qualification approved by the Scottish Qualifications Authority are that the applicant provides evidence to the Secretary of State that - (i) prior to his commencing a course of study leading to a relevant qualification an ESOL assessment was undertaken by a suitably qualified person to assess his level of English language ability; and (ii) he has successfully completed a course of study leading to a relevant qualification; and (iii) having been assessed in accordance with paragraph (i) as being below Access 2, he has attained a relevant qualification at Access 2 or 3 or at Intermediate 1 level; or (iv) having been assessed in accordance with paragraph (i) at Access 2, he has attained a relevant qualification at Access 3 or Intermediate 1 level; or (v) having been assessed in accordance with paragraph (i) at Access 3, he has attained a relevant qualification at Intermediate 1 level. 33G. If in the special circumstances of any particular case the Secretary of State thinks fit, he may waive the need to fulfil the requirement to have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom if he considers that, because of the applicant's physical or mental condition, it would be unreasonable to expect him to fulfil that requirement. |
Re: Questions on applying for settlement visa for my American wife
Originally Posted by john5655
(Post 9003230)
Manny
the LITUK test or other proof of LITUK is compulsory for all settlement visas unless the applicant is exempt (see quote below) my wife took and passed the test whilst we were visiting UK for a holiday she then applied for her settlement visa (using the online form VAF4A) because she had already passed the test and because we had been married for more than four years and living outside of the UK during that time, she was given the Indefinite Leave to Enter visa this saves a lot of money in UK visa fees (more than the return airfare back to UK to take the test!!!) without the test your wife will only get a 27-month limited entry visa she can then take the test in UK and hopefully pass before the end of the initial entry visa, whereupon she can apply for her Indefinite Leave to Remain visa (using the SET(M) form) |
Re: CONFUSED GO BACK TO UK OR STAY IN CANADA?
Hi Manny & all
I am so glad i found this forum it has answered a lot of questions I needed answered. I am british citizen living in Canada hubby has TRV I have PR & we are contemplating whether to apply for his PR status (I applied as I was the only family member left in UK & i married hubby AFTER I got my visa) I have been here nearly 2 years & married for nearly the same. Hubby has been to the UK on visit visa but we met abroad in his country & since then been corresponding. I visit him or he comes few months at a time but I feel lonely when hubby's not here. I am thinking to go back to UK (I miss friends & find it hard to make new friends although I have family here I dont hardly see them)! it doesnt make sense to process hubbys PR status if I plan to go by end of this year (although some advise me to stay until next year to apply for dual citizenship)? In UK I already have accommodation and reading your info we would have to apply for form VAF4A (& do a live in UK test) but we prefer to do it AFTER our settlement application is approved as every time I travel it deducts the days/weeks etc in the country & he would have to apply for visitors visa again. hubby does not mind where he is as long as we are together permanently. please advise |
Re: Questions on applying for settlement visa for my American wife
Hello
How did you manage to do the LIUK test when she was just on a tourist visa? When I visited the site about this test they said you needed a Home Office reference number which you get when you apply for a settlement visa. Thanks |
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