Family settlement visas now valid for 27 months

bbharat10 · Post by **bbharat10** » Thu Jul 16, 2009 4:08 am

John wrote:
Do you need to get to the UK within 28 days of receiving your spouse visa?
If issued with a 27 month visa you now effectively have a maximum of 3 months 28 days to first enter the UK on that visa.

Example ...... visa issued with start date of 01.08.08 .... end date is 01.11.10. The person needs to enter the UK no later than 29.11.08.

But I would not recommend leaving it quite as late as that! But it does cut out the hassle of needing to arrive within the first 28 days, which is great.

Thnx...

It was very helpful to me

DesignChick · Post by **DesignChick** » Tue Sep 29, 2009 10:37 pm

I am a Jamaican and will be applying for a spouse visa in Jamaica with my Jamaican passport. Assuming I am successful with my visa, I plan to immediately go to the US for about 30 days, and then enter the UK from there.

I am also a US citizen so I would enter the states with my US passport, and then enter the UK with my Jamaican passport which would have the visa.

Is there an issue with this?

Post by **John** » Wed Sep 30, 2009 7:51 am

DesignChick, I think there is an issue, and one you need to give serious consideration to. Simply, if you are a Jamaican and US citizen, why are you applying for your spouse visa is Jamaica?

Consider ... the rejection rate for such visas in Jamaica is, the last time I looked, about 60%, whereas in the US it is about 2%!

In my opinion, a no-brainer really.

Post by **Obie** » Wed Sep 30, 2009 8:24 am

Is this enormous disparity due to, people in Jamaica simply not meeting the requirements, or is it the fact that the country they are applying from, puts them in a disadvantage.

If it is the later, i would say, this is an unlawful act, and should be fought head-on.

The rights of spouses to reunite, should not, in any way, shape or form, affected by their nationality or country of Resident.

Post by **John** » Wed Sep 30, 2009 9:49 am

The rights of spouses to reunite, should not, in any way, shape or form, affected by their nationality or country of Resident.

Of course, I totally agree, but the reality is (and I make it clear I don't support the reality) is that those from developed countries have a lower visa failure rate than those from developing countries. Also I suspect that UKBA would argue that the incidence of faked documents is higher in some places than others.

DesignChick · Post by **DesignChick** » Wed Sep 30, 2009 3:09 pm

John:
I thought that I was to apply in the country that I am residing in now. My husband and I lived together in Jamaica for the last 7 years, we were never in the US together. Am I correct?

Obie:
Yes the main problem is that Jamaicans many times do not meet the requirements. I have done quite a bit of research in the last few months and have seen high incidences of overstays and convictions. Fortuntely none of those problems apply to me, my main concern is to supply all the supporting ducments/information necessary.

My question however, still stands. Will it be a problem for me to enter the UK from the US as this is not the country where my visa was issued?

Post by **John** » Wed Sep 30, 2009 3:24 pm

DesignChick wrote:I thought that I was to apply in the country that I am residing in now. My husband and I lived together in Jamaica for the last 7 years, we were never in the US together. Am I correct?

I am not sure about that. I don't think that is the right test. I think you are entitled to apply anyway that you are legally resident in, and not merely visiting. So as you are a USC I think you are perfectly entitled to apply in the US for your UK visa.

But this is an interesting point, and other opinions on this would be very welcome.

A totally separate point. Wherever you apply, make sure that you make a point of stating that the two of you have been married for over 4 years, and living together outside the UK. That is, do ensure that the "KOL REQ" endorsement is applied to your spouse visa.

With that endorsement, once you get to the UK and study for and pass the Like in the UK Citizenship test, you can then apply for your ILR immediately, without having to wait until nearly 2 years in the UK.

DesignChick · Post by **DesignChick** » Wed Sep 30, 2009 9:22 pm

Thanks for that info. about the "KOL REQ" endorsement.

I knew I was entitled to doing the test and applying for the ILR right away but had no idea that I had to get that endorsement. Will make sure I point out the 7 years of marriage.

Post by **John** » Wed Sep 30, 2009 10:17 pm

The alternative to the "KOL REQ" thing, is for you to study for the test, then fly to the UK and take the test, and then hopefully pass. That is, if you have the pass certificate from the test prior to applying for your spouse visa, then that spouse visa will be issued as ILE ... indefinite leave to enter, the issued-outside-the-UK of ILR.

But I add this. If you happen to be coming to the UK soon anyway, fine proceed to try and pass the test. Otherwise, the cost of the fares to make a special trip to the UK is just not worth it.

DesignChick · Post by **DesignChick** » Thu Oct 01, 2009 3:35 pm

Definately not planning a trip to the UK now. We're saving every penny we can. So the only trips will be my husband coming here to see us.

Thanks for that though, at least I know if for some reason I have to take a trip before my spouse visa app.

DesignChick · Post by **DesignChick** » Thu Oct 01, 2009 4:26 pm

In regards to my US to UK question. Do you think there should be a problem with immigration entering the UK from the US?

Post by **John** » Thu Oct 01, 2009 4:28 pm

In regards to my US to UK question. Do you think there should be a problem with immigration entering the UK from the US?

No problem at all, you can enter from where you want. And given you are a USC, how could there possibly be a problem entering from there?

Post by **Casa** » Thu Oct 01, 2009 5:01 pm

Just one point to clarify regarding being able to apply for ILE with KOL requirement....you say your husband will be visiting you in Jamaica. How long have you been apart?

DesignChick · Post by **DesignChick** » Thu Oct 01, 2009 10:02 pm

Since June this year, so about four months now. I won't be applying for my spouse visa until February 2010, in order for him to have enough payslips to accompany my application.

DesignChick · Post by **DesignChick** » Thu Oct 01, 2009 10:13 pm

In regards to the UK entry from US, I wondered if it would be a problem only because the visa was issued in JA and not the states.
In addition I use my US passport to travel, so my JA passport would not reflect my entry into the US. But I suppose if any questions are asked I have my US passport on hand.

I guess I am stressing out on a non-issue. Thanks.

Post by **John** » Thu Oct 01, 2009 10:29 pm

Why are you going to apply for your spouse visa in Jamaica? Why not apply in the US, where you are also a citizen?

Especially if you use an expediter in the US, the visa will be issued in just a few days.

DesignChick · Post by **DesignChick** » Thu Oct 01, 2009 10:31 pm

It doesn't matter that my husband and I lived together in Jamaica? If that is the case I would definately apply there.

What is an expediter?

DesignChick · Post by **DesignChick** » Thu Oct 01, 2009 10:44 pm

What am I talking about? It was so exciting to hear that I could possibly get my visa in a couple of days, I forgot my son is in school!

I definately have to talk to my husband about this.

Post by **Casa** » Fri Oct 02, 2009 10:49 am

Wait for confirmation regarding how long you can be living apart to lose the right to apply for ILE with KOL. The ruling as I understand it is that the most recent 4 years must have been spent living together outside of the UK. I'm not sure how long the break in this can be.

DesignChick · Post by **DesignChick** » Fri Oct 02, 2009 12:27 pm

Ok will do. I'll also read up a bit about it while I wait for confirmation, thanks.

Post by **Obie** » Fri Oct 02, 2009 1:45 pm

The immigration rule281 b(1), doesn't specify how long they allowed to be apart. It only states they have to have been married for a period of 4 years. People are not usually required to provide evidence showing 4 years of living together. The fact that you are married for that period, is in itself prove you are together.

Immigration Rule 281 b(1) wrote:
(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom;

DesignChick · Post by **DesignChick** » Fri Oct 02, 2009 2:05 pm

Thanks, I will definately make note of that.

chesstar87 · Post by **chesstar87** » Fri Nov 06, 2009 11:11 pm

batleykhan wrote:Do you need to get to the UK within 28 days of receiving your spouse visa?

Yes, you have to be in the UK within 28 days of the visa being issued

Can someone leave and return to their native country during the duration of the two years if a spouse visa is granted, say for a vacation, or the marriage of one of their sibling?

Post by **vinny** » Sat Nov 07, 2009 11:21 am

Time spent outside the United Kingdom

chesstar87 · Post by **chesstar87** » Sat Nov 07, 2009 11:24 am

vinny wrote:Time spent outside the United Kingdom

thanks m8! very helpful!

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Family settlement visas now valid for 27 months

Family visa now valid for 27 months