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Sorry if all been asked before but need info for wifes visa

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Dinsey
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Joined: Mon Jun 27, 2005 10:26 am

Sorry if all been asked before but need info for wifes visa

Post by Dinsey » Mon Jun 27, 2005 10:41 am

I am uk born and I happily got married in feb this year to my wife who is from India. She was granted a 2 year visa for the UK until july 2007.

We both wish to go back on holiday to india in October this year.

I need to know when to I apply for indefinate leave? Many ppl will say its all basic but anyone point me in the right direction please?

Do I apply when the visa runs out or when she has been in the uk for a year.?

Do I have to take the 4 week holiday in october off the total for the year and then apply 4 weeks after the years up to make it a year?

How long before she can apply for a national insurance number ie work in the uk?

Thank Guys, please be gentle.

Smit
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Location: London

Post by Smit » Mon Jun 27, 2005 11:09 am

Dinsey, I am assuming that you are a British Citizen? Your wife can only apply for ILR in June 2007 i.e. 4 weeks before her current leave to remain expires, so sit back, relax and have a good holiday in your wife's mother country.

John
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Location: Birmingham, England
United Kingdom

Post by John » Mon Jun 27, 2005 11:10 am

Dinsey, if your wife has a two-year spouse visa then are you sure it expires in July 2007? Why do I ask? Because we are not yet in July 2005. Did she ask for the start date on the visa to be delayed?

When to apply for ILR? In the last 28 days of validity of the existing two-year spouse visa. So sometime in June or July 2007 (if the current visa does indeed expire in July 2007).

To apply for the ILR then your wife will use form SET(M) which can be downloaded by clicking here. Even though lots of time before you will apply it is still worth downloading the form now if only because Note 2 of page 15 of 19 of the PDF file details the sort of information that IND will require, in order to prove that the two of you are living together in a proper marriage (rather than it being a marriage of convenience).

Note that evidence is required from the first of the two years, and also from the second of the two years, so worth starting to give some thought to building up your evidence.

Do appreciate that the form and the fee for applying is highly likely to change in the next two years. So the current form should only be considered a guide for you.

The holiday in India? That will make no difference to when the ILR visa should be applied for. Presumably your wife will not be having an extended time in India? I ask that because when she applies for ILR it needs to be clear that she is indeed settled in the UK (rather than using her spouse visa like a glorified visitor's visa).
How long before she can apply for a national insurance number ie work in the uk?
If she has a spouse visa then she can work in the UK. She should contact her local Job Centre, but don't be surprised if they say she cannot make an appointment for a NINO interview before she actually has a job. The spouse visa in her passport confirms she is able to work and she should expect to need to show her passport with its visa to any prospective employer.
John

Dinsey
Newly Registered
Posts: 17
Joined: Mon Jun 27, 2005 10:26 am

Post by Dinsey » Mon Jun 27, 2005 11:25 am

Thank You very much guys.

Questions that needed answering for weeks, done in one morning. Better than paying someone to tell you.

Good site, keep the good work up.

Thanks

Dinsey

Smit
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Joined: Sun Jun 26, 2005 8:23 pm
Location: London

Post by Smit » Mon Jun 27, 2005 11:27 am

John, just to follow on from your reply, the spouse can request for an NI No. interview and indeed apply for NI No. if she is actively seeking work (show job applications, interview invitations etc.). I don't think she has to wait until she gets a firm job offer.

bash_h
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Post by bash_h » Mon Jun 27, 2005 11:49 am

I agree with John though, so seems like theres different advice being given. The Job Centre/local DSS office wont give appointments just for NI numbers for the sake of it. They say just start your job and sometime before next april you'll need your NI number, plently of time

Smit
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Joined: Sun Jun 26, 2005 8:23 pm
Location: London

Post by Smit » Mon Jun 27, 2005 12:02 pm

I got an interview and an NI No. before I started work, all I showed was proof of registration with employment agencies.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
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Post by John » Mon Jun 27, 2005 12:54 pm

As regards getting a NINO, I chose my words carefully .... "don't be surprised if they say she cannot make an appointment for a NINO interview before she actually has a job". I did not rule it out before a job obtained. In reality different Job Centre offices seem to have different policies, or maybe it is just down to how busy they are at the time.

One thing is certain ... if Tax Credits are to be claimed jointly by the husband and wife .... totally legally because the wife here is married to a British Citizen .... then a NINO needs to be entered. If not available that will provoke the process of getting one, even if no work is being sought.
John

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