bettyboop80

My husband and I are moving back, hes american and I am English so we need to get him a settlement visa.
For anyone thats been through this, i have a couple of questions...i found a couple of specific immigration boards, www.immigrationboards.com for one but they all seem to have lots of questions and not many answers!

First, I have on the visa application website that you have to travel within 28 days of the issuing of the visa and that they can post date it up to 3 months, but how long does it take them to process? We dont want to go till October but if they take as long as it took me to get my american one, we should probably apply now right? Or are they really fast?

Second, neither of us will have jobs when we get there and we will be living with my parents to begin with until we get permanent jobs and decide where we want to buy a house. We havent sold our house yet here so basically dont have many savings so my parents will be 'sponsoring' us...is there some specific form they have to fill out or do they just write a letter saying 'they will live with us and we will buy them food so they wont be signing on?' (Obviously not in those words!)...do they need to submit paylips and letters from employers like I had to have from my husbands mum when she sponsored me to live here?

THanks!

JAJ

Why not ask a specific question there? You are much more likely to get useful UK immigration information on that site.

bettyboop80

Because about half of the posts there go unanswered and people here are always very helpful.

FlyergirlUK

It took five days, from applying on the Monday to receiving the visa on the Friday, for my Hubby. That was last April and through the NY consulate.

The visa can be gotten on the same day if you have an appointment and have all your paperwork in order.

So no-one here is able to offer useful information? That's news to me...

bettyboop80

Thanks flyergirl! So i should probably wait to apply then if we dont want to go till October? Did you have yours postdated? we are restricted on when we can travel since we are taking the QM2 (We have a dog that wouldnt fly very well)

JAJ

If you've been married at least 4 years then you should think about applying before 1 April as he could get a permanent visa under existing rules. From April all spouse visas will be 2 year visas with the obligation to go for permanent residence later on in the UK (more cost, hassle).

FlyergirlUK

Hubby's was dated for the day we arrived in the UK to save any future hassle.

As JAJ has said the rules are changing soon but whether his suggestion is feasible for your situation is for you to decide.

JAJ

The flexibility to arrive "later" may be different with a settlement visa compared to a temporary spouse visa. Don't assume anything!

bettyboop80

I was under the impression that a spouse visa WAS a settlement visa??

FlyergirlUK

It is.

There is the FLR which is granted to those who have been married less than 4 years. The ILR is granted to those who have been married more than 4 years. For now.

Things are changing and, as noted by JAJ, from April, all married couples will only be eligible for the FLR regardless of the length of their marriage. This means that every couple will have to apply for the ILR before the FLR runs out 2 years after issuance.

Also, before ILR can be gotten the visa holder will have to undergo the 'Life in the UK' test.

Mo' money, mo' money...

FlyergirlUK

AFAIK, they both have the same time constraints on them wrt. first use. Also, as with the conditional green card, the spouse visa is not temporary. No benefits can be claimed on either and that's the only restriction. You are still required to show proof of income when changing from FLR to ILR and that you will not claim benefits, though you can do so when you hold ILR.

bettyboop80

Well thats a real pain that we arent going sooner because we have been married for 7 years. I dont think we could get everything together to be ready to go before then though...i guess if we apply in April we have until july to go but our dog wont be ready until august so thats no good :-(

JAJ

I don't really know what point you are trying to make here, other than that you appear to be totally confused.

There is a fundamental difference between receiving a permanent settlement visa (Indefinite Leave to Enter) and a 2 year spouse visa.

FlyergirlUK

I don't think I'm confused. Please explain the fundamental difference.

JAJ

You said: "they both have the same time constraints on them wrt. first use."
Not true. Rules are different for an ILE spouse visa compared to a 2 year spouse visa.

You said: "Also, as with the conditional green card, the spouse visa is not temporary."
Not true. The 2 year spouse visa is temporary. If you do not extend your stay after it expires, you become an unlawful non-citizen in the United Kingdom.

You said: "No benefits can be claimed on either"
Again - not true. Holders of ILE visas are permanent residents on arrival and do have access to "public funds". And even for those on 2 year spouse visas, some payments are not covered by the "no access to public funds rule".