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UK Spouse Visa Information - evidence required etc

UK Spouse Visa Information - evidence required etc

Old Feb 4th 2012, 6:50 am
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Default Re: UK Spouse Visa Information - evidence required etc

Darn it! Nothing available in Hong Kong until the end of March. And then it'll take two weeks to get the results. Is this rule change absolutely for sure? Because if it is, I can't see how we'll ever be able to return!
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Old Feb 4th 2012, 10:21 am
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Default Re: UK Spouse Visa Information - evidence required etc

Ok, so after a bit of searching it may be possible for my wife to sit the TOEIC English test and get her results in early March. Right, so we would then have EVERYTHING in order, ready to apply before April.

If I remember correctly, we can't apply for a visa more than about 3 months before our intended date of travel. Is that right? And is it set in stone? Assuming my wife's pregnancy develops normally, we'd expect to be 8 months pregnant by the time our summer holiday rolls around, and I imagine we'd therefore be stuck in Hong Kong. If we'd been given a settlement visa, endorsed with 'Settlement spouse/ CP', what would be the entry conditions of that? Could we turn up at Heathrow at Christmas and simply explain that we couldn't fly in the summer, as we had planned, due to being heavily pregnant? What are the consequences of turning up late on this type of visa?
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Old Feb 4th 2012, 1:50 pm
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Default Re: UK Spouse Visa Information - evidence required etc

Remember that you can also get the visa dated for 3months into the future which means that if you applied in march, you could ask them to post date the visa 'valid from' date to start in june, then i think that you could possibly still be good for entry at your planned christmas time date
I think it matters less as you dont need to worry about the 2year residency requirement for ILR as you will be on ILR already.
Just remember to put a cover letter in with your application making it clear that you want and qualify for the ILE visa.
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Old Feb 4th 2012, 3:04 pm
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Default Re: UK Spouse Visa Information - evidence required etc

Thanks. Will definitely be clear about the type of visa and endorsement we're after, and the rules under which we're applying. I have read elsewhere that an 'ILE' visa (a settlement visa appropriately endorsed) doesn't have a required entry date as such, but I read this once, in just one place, and haven't seen the statement repeated anywhere else. I am, as you can tell, in a state of some confusion.

If the visa does, in fact, come with a limited window of possible entry, then what, typically, would that window be? Three months? Six? I read somewhere that a standard settlement visa based on the 4-year rule, but endorsed as requiring KOL, was good for first entry at any time within 27 months (though you'd have to explain your late arrival to immigration officials at Heathrow and your probation period would be extended by the amount of time that you were late). By this reasoning, if the visa is effectively an ILE, then perhaps the first date of entry might also be indefinite?

Would be fantastic if anyone out there has actually had an ILE and arrived later than planned? The wife's been in tears already tonight, and I'm begining to feel as though my own Government really doesn't care if I can never come back.
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Old Feb 10th 2012, 2:11 am
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Default Re: UK Spouse Visa Information - evidence required etc

Sorry if this has been covered, but under the maintenace requirement, is it possible to have little savings but a job offer from the UK?

Aiming to return later this year, wife is Australian, both me and our daughter have UK passports. Savings are rubbish at present (few thousand), but was aiming for 20000AUD by the time we apply and I can have an offer of employment for 25-30,000GBP per year, this can be sent at any stage.

Only issue stopping us from applying just now is the savings! Hoping an offer of employment for me should see I will be working and therefore reduce the savings they require to see.

Thanks in advance!!!
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Old Feb 10th 2012, 2:29 am
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Default Re: UK Spouse Visa Information - evidence required etc

An employment offer in writing will be a big plus and should go well with a few thousand in savings, although the rules tare changing this year, i believe the government are introducing tougher maintenance rules and aiming to do it around april.....at the moment its around £105 per week , plus extra if you have a child, not sure how much extra
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Old Feb 23rd 2012, 8:32 pm
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Default UK Spouse Visa Information

Hi there, does anyone know how long the 'Indefinite Right to Remain' process takes?????
We have submitted all our paper work etc and have heard nothing - the fee has not even been deducted from our bank account. Thanks
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Old Feb 23rd 2012, 11:48 pm
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Default Re: UK Spouse Visa Information

Originally Posted by mumof2americanbeauties View Post
Hi there, does anyone know how long the 'Indefinite Right to Remain' process takes?????
We have submitted all our paper work etc and have heard nothing - the fee has not even been deducted from our bank account. Thanks
It will take your application however long it will take. The service standard for postal applications is 95% within 6 months, so the likelihood is that your application will take somewhere between 1 week and 6 months!
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Old Mar 1st 2012, 8:23 pm
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Default Re: UK Spouse Visa Information - evidence required etc

This is such a helpful thread, and has already answered/confirmed several points for me. However, i do have a couple of questions....

My husband and i have been married for 6.5 years and living together outside of the UK for 6 of those years. We have recently decided to return to the UK and as i understand it, our circumstances qualify him for Indefinite Leave to Enter. He currently has a 5 year visitors visa. Until i came here, i couldn't find out which visa application form he ought to be filling in. When i emailed Worldbridge, they told me he had to be in the UK to apply for ILE I now know that it's the standard settlement/spouse/cp visa he needs to complete, and have read on the forum that he should include a letter saying he requires this visa with the ILE endorsement.

To my questions....
Firstly, has anyone written one of these letters and gone on to get ILE? If so, what did you say in the letter? I mean, i know he's entitled to it, but i don't want to sound too demanding or pushy in any letter and antagonise the ECO! Secondly, i have read that if you have ILE you can do the Life in the UK test once in the UK (if you want to apply for indefinite leave to remain), but the settlement/spouse visa requires you to have either an appropriate certificate in English, or the KOL when applying this is contradictory, so which is correct?

Sorry this is so long, and thanks if you've made it this far, i really appreciate any input!

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Old Mar 2nd 2012, 12:05 am
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Default Re: UK Spouse Visa Information - evidence required etc

My wife and I are going through this right now. We submitted my wife's paperwork last week, together with cover letter requesting the ILE endorsement, and if this proves successful then I will be happy to share.

However, if your husband hasn't already got a pass in the 'Life in the UK' test (and assuming he is not 'exempt' (for example, by being over 65)), then he will not get the 'ILE' endorsement, but instead will get 'settlement spouse/ CP: KOL req.', which means he may enter the UK as sort of a 'presumptive' permanent resident, but will have to pass the 'Life in the UK' test within 27 months. He would then need to present his pass certificate to the relevant authorities in order to receive his ILR.

ILR (Indefinite Leave to REMAIN) is the same thing as ILE, but it is granted to those already in the UK. Worldbridge seem to have erred in advising you that ILE has to be applied for from within the UK. In fact 'Indefinite Leave to ENTER' has to be applied for from outside the UK.

Until last summer it was possible for prospective residents to sit the 'Life in the UK' test whilst visiting the UK. Now, though, the test centres require proof of address within the UK, such as a utilities bill. My wife sat and passed the test last July, before the residency requirements were tightened-up, so she now meets the full 'KOL' requirement and ought to be eligible for ILE. I suspect, however, that the days 'ILE' endorsements are numbered. Since it is now all but impossible to satisfy the KOL requirement whilst living abroad, all future applicants, other than those who are exempt from the KOL requirement, would have to have the 'KOL req.' endorsement.

Three further points to add :
1. Re. the language requirement : your husband may not be required to prove his language competence if, for example, he is from a 'majority English speaking country'. Have a look at the language requirements section of the UKBA website if you are not sure.

2. If you have been living together outside of the UK for four years or more (as you have), then Immigration Rules, Part 8, para 282, read in conjunction with para 281(i)(b), seem to suggest that you don't even need a language test pass but may instead lump this together with the 'Life in the UK' test requirement under the general banner of 'KOL req.' A subsequent pass in the 'Life in the UK' test satisfies both the 'language' and the 'life' parts of the KOL requirement. This, though, is far from a straight forward path to tread and is likely to result in an immediate rejection of your husband's application in the first instance (though he may subsequently win on appeal).

3. Rumour has it that the 'spent 4+ years outside the UK' route is one of the paths to immigration that is soon to be closed off under up-coming changes to the Immigration Rules. The Government plans to start implementing changes from April, this year, though it is still unclear what changes will happen and when.

Last edited by TomInHongKong; Mar 2nd 2012 at 12:11 am.
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Old Mar 2nd 2012, 1:31 am
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Default Re: UK Spouse Visa Information - evidence required etc

Originally Posted by TomInHongKong View Post
3. Rumour has it that the 'spent 4+ years outside the UK' route is one of the paths to immigration that is soon to be closed off under up-coming changes to the Immigration Rules. The Government plans to start implementing changes from April, this year, though it is still unclear what changes will happen and when.
Unfortunately there's still not much information on what, or when, changes will be made. The last thing I'm aware of is this on the UK Parliament website which says the "government is expected to confirm its plans for change in the near future". This is dated 8th Feb 2012.

Considering there isn't a Bill before parliament yet, I'm not convinced changes will come into force in April - or at least not early April. But we'll have to wait and see, the government has been a bit occupied recently trying to push their welfare changes through the Lords.
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Old Mar 2nd 2012, 3:15 am
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Default Re: UK Spouse Visa Information - evidence required etc

It is also possible that the Easter recess will push back the implementation of plans, a bit. But the changes do not require a Bill. The Government simply needs to lay a 'statement of changes' before both Houses of Parliament. It would be highly unusual for either House to reject such a statement.
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Old Mar 2nd 2012, 1:21 pm
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Default Re: UK Spouse Visa Information - evidence required etc

Thanks for your prompt reply Tom, and good luck with your wife's application!

However, if your husband hasn't already got a pass in the 'Life in the UK' test (and assuming he is not 'exempt' (for example, by being over 65)), then he will not get the 'ILE' endorsement, but instead will get 'settlement spouse/ CP: KOL req.', which means he may enter the UK as sort of a 'presumptive' permanent resident, but will have to pass the 'Life in the UK' test within 27 months. He would then need to present his pass certificate to the relevant authorities in order to receive his ILR.
He's not exempt for age reasons, nor is he from a country where English is the primary language, so he does need 'something'.
Until last summer it was possible for prospective residents to sit the 'Life in the UK' test whilst visiting the UK. Now, though, the test centres require proof of address within the UK, such as a utilities bill.
Now this i didn't know, since we were toying with the idea of him travelling to the UK to sit the KOL test, thereby removing any uncertainties about the life and language requirements. Ironically, his job requires him to be fluent in English, but unfortunately his qualifications don't fit into the necessary criteria.... I will make enquiries about a language course that does meet with UKBA approval, though i am now concerned about the time factor since we would like to apply before any possible changes regarding the "4+ years spent outside the UK" come into effect.

Just to clarify that i'm understanding what i've read on the immigration rules, and what you have said; if he gets the settlement spouse/CP visa : KOL req. then he can take the KOL test as soon as he has something with his UK address on, and can then apply for ILR?

I really just want to get all of this straight in my head before putting anything to paper (or computer!) since a friend of ours in almost an identical situation to us recently applied for a settlement spouse/CP visa....it was granted, but only for a 25 month 'probationary' period. After which he will need to apply for ILR. Unfortuantely they didn't let us know before submitting the application and necessary supporting documents, so i was unable to tell them to request the ILE endorsement (he passed the KOL 2 years ago, and they have been married 12 years etc, so all requirements were met). I wonder if they could appeal.....

ILR (Indefinite Leave to REMAIN) is the same thing as ILE, but it is granted to those already in the UK. Worldbridge seem to have erred in advising you that ILE has to be applied for from within the UK. In fact 'Indefinite Leave to ENTER' has to be applied for from outside the UK.
This is exactly what i said to my husband, by very definition of the words ENTER or REMAIN......it's very frustrating when the necessary authorities don't seem to know what they're talking about I was tempted to email them again, pointing out their error, but wondered if this would be counter-productive to any upcoming visa application!

Thanks once again Tom, it's a huge help to 'talk' to others in the same/similar situations.

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Old Mar 2nd 2012, 2:34 pm
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Default Re: UK Spouse Visa Information - evidence required etc

I wrote of our experiences here. May or may not be useful to you

http://britishexpats.com/forum/showthread.php?t=746741

http://britishexpats.com/forum/showthread.php?t=745755
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Old Mar 2nd 2012, 8:29 pm
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Default Re: UK Spouse Visa Information - evidence required etc

Thanks Tr1boy, i'll take a look

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