Passport validity when applying for UK visa

[Patagonian]

Hi all. My civil partner is about to apply for his settlement visa and despite numerous emails to Worldbridge we have not received a satisfactory answer to our question.

His Argentina passport is due to expire in July 2010 and we are planning on moving to the UK at the end of Feb 2010. Worldbridge told us the passport needs to be valid for at least 6 months from the date of entry into the UK so we went to renew his passport but there is a temporary delay of approx 1.5 months due to lack of paper and other supplies!!

Question: Can we apply for his settlement visa now using his existing passport then renew his passport before we travel to the UK? When we arrive in the UK he will therefore have his visa in his old passport and present a new passport for entry. I know this isn't an issue once one is in the UK and your passport expires but not sure if there will be an issue when one enters for the first time eg the first entry stamp has to go over the visa or something like that.

Any advice would be much appreciated. We have all the supporting documents ready to submit and are being held up by this one outstanding issue

Many thanks.

[Mr Rusty]

I think this line from IDI's (Immigration Directorate Instructions) in relation to visa endorsements suggests what might happen:

"In settlement and returning resident cases, the “valid untilâ€

[Patagonian]

Thanks for the reply. I have been reading this website and others for hours and getting myself more and more confused

I saw this on the UKBA website

"ECB17.1 Visa transfer or visa replacement?

Where an applicant's passport expires during the validity of a multi-entry visa the visa may be transferred to the new passport at their request. The transfer fee will therefore apply."

If the expiry date on a visa/entry clearance cannot exceed the expiry date of the passport then the situation of a passport expiring during the validity of a multi-entry visa would never occur right

[Mr Rusty]

Thanks for the reply. I have been reading this website and others for hours and getting myself more and more confused

I saw this on the UKBA website

"ECB17.1 Visa transfer or visa replacement?

Where an applicant's passport expires during the validity of a multi-entry visa the visa may be transferred to the new passport at their request. The transfer fee will therefore apply."

If the expiry date on a visa/entry clearance cannot exceed the expiry date of the passport then the situation of a passport expiring during the validity of a multi-entry visa would never occur right

Depends on the type of entry clearance, doesn't it? The line I quoted only refers to settlement and returning resident cases. In fact, thinking about it again, a time-limited spouse visa might be treated the same way as any other visa with limited leave to remain, i.e. they would endorse it for 2 years, and you'd have to apply for a "transfer of conditions" to the new passport, after arrival in the UK.

I'm not entirely sure about this, but my advice would be to get on with the application and see what happens.