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Arriving in Uk next month on Settlement Visa but need advice

Arriving in Uk next month on Settlement Visa but need advice

Old Jul 27th 2008, 4:07 pm
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Default Arriving in Uk next month on Settlement Visa but need advice

Hi

My OH is British and we're moving to the UK next month (can't wait) however I have a little problem and I was hoping someone on this forum might put my mind at rest as to the answer to my dilemma.

I have my settlement visa, it's valid for two years which is great but the problem is I couldn't arrive on the date it was issued for as one of our children had to have an overnight stay at the hospital and this was scheduled for two weeks after the date I was supposed to settle in the UK. I didn't have any prior knowledge of him needing hospitalisation until after I submitted my application to the Canberra.

Anyway my husband and I have been married for over 10 years and I need to know what will happen to me when I enter the UK. In particular, I know I have two years to take up settlement, but the visa is only valid for 2 years. Does this mean I need to apply for another visa a month before my two years is up or do I do this life in the UK test (which I have no idea what that is, and why people apply). I read somewhere that I could ask the immigration officers at Heathrow for up to 3 months extra on the visa when I arrive, does any one know if this is possible for do I just need to apply and pass this Life in the Uk test thing and then I can stay in the UK indefinitely?

Hopefully one of you out there isn't as confused as I am and can offer some advice. Otherwise we'll just have to play it by ear (which is a strange phrase if you ask me) and see what happens. We are very, very, very excited to be going to the UK - we're so happy we don't have to endure another summer here full of heat, heat, heat, mozzies, heat, heat, mozzies, and heat.
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Old Jul 28th 2008, 5:23 am
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Default Re: Arriving in Uk next month on Settlement Visa but need advice

My understanding is that the settlement visa is for two years and one of the requirements for ILR through marriage is that you have to have been in the UK for two years. So there will be a period where your existing settlement visa will expire and you wouldn't be able to apply for ILR.

So I think what will happen is that you'll have to apply for an extension of some sort after the two years is up literally to get you over the time your visa expires and you can apply for ILR and three years or so after you enter the UK, you should be able to apply for naturalisation.

Of course this is my limited understanding. Hopefully some of the senior members will step in and advise. There are some good immigration boards out there that will have the definitive answers. Jaj maybe able to direct you to those.
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Old Jul 28th 2008, 5:33 am
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Default Re: Arriving in Uk next month on Settlement Visa but need advice

Originally Posted by Dave_Was
My understanding is that the settlement visa is for two years and one of the requirements for ILR through marriage is that you have to have been in the UK for two years. So there will be a period where your existing settlement visa will expire and you wouldn't be able to apply for ILR.

So I think what will happen is that you'll have to apply for an extension of some sort after the two years is up literally to get you over the time your visa expires and you can apply for ILR and three years or so after you enter the UK, you should be able to apply for naturalisation.

Of course this is my limited understanding. Hopefully some of the senior members will step in and advise. There are some good immigration boards out there that will have the definitive answers. Jaj maybe able to direct you to those.
Your limited understanding is good, Dave.

To the OP, make sure you keep this site bookmarked for now and the future as it is the official source of UK immigration information.
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Old Jul 28th 2008, 5:42 am
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Default Re: Arriving in Uk next month on Settlement Visa but need advice

Originally Posted by FlyergirlUK
Your limited understanding is good, Dave.

To the OP, make sure you keep this site bookmarked for now and the future as it is the official source of UK immigration information.
www.uk-yankee.com also has a lot of useful information for USCs moving to the UK
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Old Jul 28th 2008, 5:58 am
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Default Re: Arriving in Uk next month on Settlement Visa but need advice

Originally Posted by Elvira
www.uk-yankee.com also has a lot of useful information for USCs moving to the UK
See, I was going to suggest that but then I thought I'd best find out where she was first off and it turns out that she's Australian - not to say that uk-yankee wouldn't be in any way helpful at all though.
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Old Jul 29th 2008, 4:16 am
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Default Re: Arriving in Uk next month on Settlement Visa but need advice

Originally Posted by mississippi
Hi

My OH is British and we're moving to the UK next month (can't wait) however I have a little problem and I was hoping someone on this forum might put my mind at rest as to the answer to my dilemma.

I have my settlement visa, it's valid for two years which is great but the problem is I couldn't arrive on the date it was issued for as one of our children had to have an overnight stay at the hospital and this was scheduled for two weeks after the date I was supposed to settle in the UK. I didn't have any prior knowledge of him needing hospitalisation until after I submitted my application to the Canberra.

Anyway my husband and I have been married for over 10 years and I need to know what will happen to me when I enter the UK. In particular, I know I have two years to take up settlement, but the visa is only valid for 2 years. Does this mean I need to apply for another visa a month before my two years is up or do I do this life in the UK test (which I have no idea what that is, and why people apply). I read somewhere that I could ask the immigration officers at Heathrow for up to 3 months extra on the visa when I arrive, does any one know if this is possible for do I just need to apply and pass this Life in the Uk test thing and then I can stay in the UK indefinitely?

Hopefully one of you out there isn't as confused as I am and can offer some advice. Otherwise we'll just have to play it by ear (which is a strange phrase if you ask me) and see what happens. We are very, very, very excited to be going to the UK - we're so happy we don't have to endure another summer here full of heat, heat, heat, mozzies, heat, heat, mozzies, and heat.
See now this is why I'm not an expert.

I was thinking about this this morning and remembered you said that you had been married for 10 years.

From my understanding is that you may be eligible to apply for ILR, after doing the KOL test, straight away as you have been married and living outside of the country for four years.

I don't know if you can do this now, but I do understand that this is a possibility for couples who have been married and living outside of the UK for four years and is the option that my wife and I will be investigating if we stay in the US that long.

Good luck.
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Old Jul 29th 2008, 10:51 am
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Default Re: Arriving in Uk next month on Settlement Visa but need advice

Hey everyone - I like the last post the best. I did go on the website you suggested but they really didn't have an answer to my question. I''m hoping plus ten years of marriage counts for something and I'm quite willing to take any test - although my knowledge is a little rusty because Oz only shows The Bill and I'm strictly a Coro fan - although I do know what a pork pie looks like - but I've never been brave enough to try one. I just hope that the test doesn't have any questions relating to miles, yards or pounds - being raised in this side of the world, this is all unknown to me, no matter how many times my OH tries to tell that that a mile is 1.6 kms or something like that. Thanks again, just over a week before we hit the skies.
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Old Jul 30th 2008, 4:42 am
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Default Re: Arriving in Uk next month on Settlement Visa but need advice

Originally Posted by mississippi
Hey everyone - I like the last post the best. I did go on the website you suggested but they really didn't have an answer to my question. I''m hoping plus ten years of marriage counts for something and I'm quite willing to take any test - although my knowledge is a little rusty because Oz only shows The Bill and I'm strictly a Coro fan - although I do know what a pork pie looks like - but I've never been brave enough to try one. I just hope that the test doesn't have any questions relating to miles, yards or pounds - being raised in this side of the world, this is all unknown to me, no matter how many times my OH tries to tell that that a mile is 1.6 kms or something like that. Thanks again, just over a week before we hit the skies.
Mississippi,

I believe that you have to apply for ILR before you reach the UK to use the four year marriage option. It might be a bit late now, but please do check.

Also there is a book for the KOL test and apparently it's fairly straight forward as long as you understand english.

All the best and good luck.
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Old Aug 6th 2008, 5:30 am
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Default Re: Arriving in Uk next month on Settlement Visa but need advice

Originally Posted by Dave_Was
Mississippi,

I believe that you have to apply for ILR before you reach the UK to use the four year marriage option. It might be a bit late now, but please do check.

Also there is a book for the KOL test and apparently it's fairly straight forward as long as you understand english.

All the best and good luck.
hi - can someone confirm ILR is applied for outside the UK (at same time of settlement visa application) or after arrival in uk ? many thanks !
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Old Aug 6th 2008, 6:21 am
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Default Re: Arriving in Uk next month on Settlement Visa but need advice

Originally Posted by 360bhp
hi - can someone confirm ILR is applied for outside the UK (at same time of settlement visa application) or after arrival in uk ? many thanks !
From my understanding on the settlement visa route there are two times that you can apply for ILR. Once when your two year spousal visa is expiring and you have completed the other requirements and this is within the UK. The second is when applying for a UK visa outside of the UK and you have been married for four years.

Sorry to add more confusion but it also looks like there is a 3rd option which is that they could give you a semi- ILR that says that you have to do the KOL at anytime and then convert to ILR.

I'm sorry but I don't really have a lot of time to look into this too deeply at the moment, but I am 'fairly' sure on the first two options.

Good luck.
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Old Aug 6th 2008, 11:09 am
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Default Re: Arriving in Uk next month on Settlement Visa but need advice

The second is when applying for a UK visa outside of the UK and you have been married for four years.

I thought the whole 4 yr marriage thing was gone now
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Old Aug 6th 2008, 11:22 am
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Default Re: Arriving in Uk next month on Settlement Visa but need advice

Originally Posted by Tr1boy
I thought the whole 4 yr marriage thing was gone now
It was still on the visa website when I look there last week. Also I think that it was in the EC manual too.

Though I have heard that there are a lot of changes coming so those might be out of date, I don't know.

Apologies if the information is incorrect.
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Old Aug 6th 2008, 11:56 am
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Default Re: Arriving in Uk next month on Settlement Visa but need advice

Originally Posted by Dave_Was
It was still on the visa website when I look there last week. Also I think that it was in the EC manual too.

Though I have heard that there are a lot of changes coming so those might be out of date, I don't know.

Apologies if the information is incorrect.
Must admit I didn't look at the site. Think I remember a post from JAJ saying something about the 4yr thing going after April last year (I think). Maybe we're talking about different things.
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Old Aug 7th 2008, 2:16 pm
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Default Re: Arriving in Uk next month on Settlement Visa but need advice

Originally Posted by Tr1boy
Must admit I didn't look at the site. Think I remember a post from JAJ saying something about the 4yr thing going after April last year (I think). Maybe we're talking about different things.
There was an expectation the 4 year rule would be abolished. In the event it was retained, but with the proviso that the Life in the UK Test needed to be done.

Problem is that the test can only be done in the U.K., although as far as I understand some people have done the test while on vacation.

Maybe ask further on a U.K. immigration board?
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Old Aug 9th 2008, 6:25 am
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Default Re: Arriving in Uk next month on Settlement Visa but need advice

Originally Posted by 360bhp
hi - can someone confirm ILR is applied for outside the UK (at same time of settlement visa application) or after arrival in uk ? many thanks !
my understanding is

ILE - indefinate leave to enter. ie visa granted abroad

ILR - indefinate leave to remain. ie granted in the UK

either way they are treated the same at port of entry.
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