Visit Visa or Settlement ?

[ado.machung]

Dear All,

I am a British Citizen currently residing in Sri-Lanka.

My wife (non-EU) and I are seriously contemplating the option of settling in the UK.

We would like to go to the UK initially to get "a feel of things", for a few months atleast, and if positive, stay on indefinitely.

My question is, should my wife directly apply for a Settlement Visa, or a regular Visit Visa ?

We are concerned that in the event that she is granted a Settlement Visa, and we end up returning to Sri-Lanka, and not reside in the UK, would this be conceived as a "black mark" or hinder any future applications ?

Any advice would be much appreciated.

[vinny]

We would like to go to the UK initially to get "a feel of things", for a few months atleast, and if positive, stay on indefinitely.

Visitors may not switch to spouse status from within the UK.

[ado.machung]

Visitors may not switch to spouse status from within the UK.[/quote]

Thanks Vinny, but that's not what i meant. Sorry if i was not clear.

We were wondering if we should simply apply straight away for a settlement visa, go to the UK, try to get settled there.
Worst case scenario, we don't get accustomed to life in the UK, or find it difficult to fit in, and return, would we face difficulty applying for settlement or visit visas in the future ?

[immigrationuk2009]

Visitors may not switch to spouse status from within the UK.

Thanks Vinny, but that's not what i meant. Sorry if i was not clear.

We were wondering if we should simply apply straight away for a settlement visa, go to the UK, try to get settled there.
Worst case scenario, we don't get accustomed to life in the UK, or find it difficult to fit in, and return, would we face difficulty applying for settlement or visit visas in the future ?[/quote]


I would never adive visit visa if you are married.

So in my view apply for spouse visa instead of visit visa.

Simple is that


UK_Banned_Member

[ado.machung]

I would never adive visit visa if you are married.

So in my view apply for spouse visa instead of visit visa.

Simple is that


UK_Banned_Member

Even if we return in a couple of months ?
You don't think my wife will face consequences later on ?

If your concern is that we take up residence on a visit visa, then that's not going to happen. We would eventually return and re-apply for settlement visa if things go well.

It's just an expensive affair that way.

[immigrationuk2009]

I would never adive visit visa if you are married.

So in my view apply for spouse visa instead of visit visa.

Simple is that


UK_Banned_Member

Even if we return in a couple of months ?
You don't think my wife will face consequences later on ?

If your concern is that we take up residence on a visit visa, then that's not going to happen. We would eventually return and re-apply for settlement visa if things go well.

It's just an expensive affair that way.

I am very clear on this matter .. Your best option is to apply for spouse visa....Visit visa is a stupid idea....First very difficult to be granted ..How Eco would believe you would return after your visit when your husband is in uk...Make no sense...


UK_Banned_Member

[lubzy]

I think the OP concern is that if they went abroad for a while after obtaining entry via settlement visa, his wife would not subsequently satisfy the ILR criteria. Would they have to keep requesting FLR (if allowed) or re-apply in the future?

[ado.machung]

I think the OP concern is that if they went abroad for a while after obtaining entry via settlement visa, his wife would not subsequently satisfy the ILR criteria. Would they have to keep requesting FLR (if allowed) or re-apply in the future?

That's what i'm trying to get at.
I don't want the ECO to deny any future settlement/vist visa applications based on her not satisfying the ILR requiremnts.

Btw, in reply to the earlier post, i have more reasons to stay back in Sri Lanka (ie; Assets and Family), as apposed to settling in the UK, so visit visa shouldn't be an issue.

In fact, i'm finding it hard to prove that we are going for good since our main reason is to experience a different lifestyle.

[batleykhan]

Personally I dont think there is no harm in applying for a visitor visa to get a feeler for life in UK.

If you are going to do that then it is important that you make this clear in your application. I have known numerous wifes/fiancees get similar visitor visas.

However if you are seriously thinking of settling in UK, then it is advisable that you get spouse visa. If you did get this then as long as you can spend most of the initial 2 yrs of your stay in UK till you obtained ILR, you are then free to spend 2 yrs abroad before you have to return back to UK.

Better still if you get citizenship 9after 3 yrs) and British passport then you can stay out of UK for up to 10 yrs

During the 2 yrs ILR period, you will be able to travel back home on the odd one or two occasions and this will not affect your ILR.

However if yo come on visit visa and then decides you want to stay for good, you will not be allowed to switch your visa and must return back home to apply .

[ado.machung]

Thank You All for pitching in with advice.
I found this on the lifeintheuk.net site, and it's made me think twice about applying for settlement visa.
Like i mentioned earlier, the only reason i preferred not to apply for visit visa first, was due to the costs involved (double the air tickets, visa costs & time etc), but after reading this, it doesn't seem worth the risk.
They will definitely hold it against us for not taking up permanent residence.


Warning
Once you have been granted permanent residence (ILR) you may stay in the UK indefinitely so long as they do not leave the country for extended periods. The law states that you should not leave the UK for a period of over two years.

There is a risk that you may lose your permanent residence permit if you are absent from the UK for more than two years.

If you have been away for more than two years, then you must obtain entry clearance before attempting to enter the UK. If you don’t do this then there is a risk that you will be denied entry to the UK. You can apply for entry clearance at any British diplomatic post.

You may still be able to return to the United Kingdom to live if, for example, you have strong family ties here or have lived here most of your life.

[ado.machung]

I think i'm being a complete dud and confusing settlement visa (spouse visa) with ILR.

I'm back to square one now.

Are the steps taken against people who are granted ILR (and don't stay), the same for settlement visas ?

I sincerely apologies if my confusion is confusing everyone else.

[batleykhan]

Your comments have certainly confused people and I for one still have no idea what yoyu are talking about.

Can you ask in plain english please what you inquiry is and maybe then when some of us understand it can respond to it

[ado.machung]

Your comments have certainly confused people and I for one still have no idea what yoyu are talking about.

Can you ask in plain english please what you inquiry is and maybe then when some of us understand it can respond to it

Simply put - Will my wife be refused a settlement or visit visa in the future, if she returns to Colombo prematurely on a current settlement visa and doesn't go back to the UK within the validity period (ie. it expires while she's out of the UK) ?

[UKBAbble]

Simply put - no.

[batleykhan]

I agree with post from UKBabble

[ado.machung]

I agree with post from UKBabble

I guess that settles it !

Thank you all so much.

If anyone does have any experience regarding any scrutiny faced in a similar situation, i would be much obliged if they could share it.

Until then, we'll apply on the confidence given by the senior members here.

[immigrationuk2009]

Hi

Your comments have certainly confused people and I for one still have no idea what yoyu are talking about.

Can you ask in plain english please what you inquiry is and maybe then when some of us understand it can respond to it

Simply put - Will my wife be refused a settlement or visit visa in the future, if she returns to Colombo prematurely on a current settlement visa and doesn't go back to the UK within the validity period (ie. it expires while she's out of the UK) ?

But would Eco not ask why the hell you are applying spouse visa again and why on earth you got 2 years visa but declined to live in UK.

Was your marriage subsisting in this 2 years period?

What proofs you have got?

I belive you would only complicate things and answer more likely would be Yes..Yes you can be refused?

People always looks one side of pictures...Why?

UK_Banned_Member

[ado.machung]

But would Eco not ask why the hell you are applying spouse visa again and why on earth you got 2 years visa but declined to live in UK.

UK_Banned_Member

As long as my reasons for settling in the UK are genuine, I should be able to prove it.
I'm sure there have to be people who have tried to take up permanent residence and just not worked out.
Should that be a problem in applying later in the future, to give it another shot ?
I'm not saying we will apply soon after the expiry, just as long as the doors are open.
The simple "NO" i got in the last couple of posts makes sense to this laymen.

[hmm]

Btw, in reply to the earlier post, i have more reasons to stay back in Sri Lanka (ie; Assets and Family), as apposed to settling in the UK, so visit visa shouldn't be an issue.

I would apply for visit visa (since you can proof you have more reason stay in Sri Lanka, i.e would go back) and if the wife likes it here then you can always come back and settle here.

[immigrationuk2009]

Btw, in reply to the earlier post, i have more reasons to stay back in Sri Lanka (ie; Assets and Family), as apposed to settling in the UK, so visit visa shouldn't be an issue.

I would apply for visit visa (since you can proof you have more reason stay in Sri Lanka, i.e would go back) and if the wife likes it here then you can always come back and settle here.

Hmm this can be your reasoning which looking to me completely wrong.

Anyway I said my point and leave all other things for op.

Best Luck

UK_Banned_Member