can any1 guide me??

sally2244 · Post by **sally2244** » Mon Aug 16, 2010 4:02 pm

hi, im from the uk and currently living with my husband abroad. we now plan to travel back and settle in the uk. we have been married for 8 years and have two children and both of them are british nationals, however my husband holds an iraqi nationality. since i lived with him abroad i have never worked in the uk and dont have any accommodation there. my husband has always been the one to provide for me and our kids since we got married and now his job are willing to reallocate him to the uk. what are the chances of me applying for the visa settlement for him as he undergoes much difficulty when traveling with his iraqi passport? i would be very grateful if someone could give me an idea as i have never done this before and i dont know of anyone who has either.

Kitty · Post by **Kitty** » Mon Aug 16, 2010 5:52 pm

I assume you're a British citizen? Where are you living and working at the moment?

sally2244 · Post by **sally2244** » Mon Aug 16, 2010 8:39 pm

Kitty wrote:I assume you're a British citizen? Where are you living and working at the moment?

im living in egypt but im not working, my husband works here.

Post by **vinny** » Tue Aug 17, 2010 12:27 am

See also ILR if partner is not resident in UK.

sally2244 · Post by **sally2244** » Tue Aug 17, 2010 1:34 pm

would it better for him to apply for a tourist visa and then apply for settlement once in the uk? my husband has been to the uk more than 10 times and gets tourist visas issued very easily.

ElenaW · Post by **ElenaW** » Tue Aug 17, 2010 2:01 pm

sally2244 wrote:would it better for him to apply for a tourist visa and then apply for settlement once in the uk? my husband has been to the uk more than 10 times and gets tourist visas issued very easily.

You can't switch in country anymore. This has been the case since 2003.

sally2244 · Post by **sally2244** » Tue Aug 17, 2010 2:42 pm

thank you very much for replying. iv been in so much stress just thinking about the process im not even sure where to start. i guess im going to start gathering all the supporting documents. im worried about teh fact that i dont have accommodation in the uk and planning to rent maybe an issue since i cant really prove it at the moment whilst im in egypt

Post by **Casa** » Tue Aug 17, 2010 2:43 pm

You will need to apply on form VAF4a for settlement in Egypt. You mention that your husband's present employer is willing to transfer his employment in the UK, in which case you must show in your application that you will be able to support yourselves and your children financially upon arrival in the UK and have adequate accomodation immediately available. Do you have friends or family who could offer temporary accomodation?
When you say that your husband has problems travelling with his Iraqui
passport, bear in mind that his entitlement to British Nationality and passport will be several years ahead.

sally2244 · Post by **sally2244** » Tue Aug 17, 2010 3:00 pm

yes i have my parents in the uk but i wouldnt stay with them if my husband is with me. usually when we travel to the uk for holidays we always stay at hotels, i only stay with my family if i travel alone with my daughters.

Post by **Casa** » Tue Aug 17, 2010 4:04 pm

In which case, you may need to pay a visit to the UK to find accomodation prior to your application, as the ECO will want to see evidence of suitable accomodation (ie not overcrowded). Alternatively. would your husband's employer be able to help with this within the re-location?

sally2244 · Post by **sally2244** » Tue Aug 17, 2010 6:21 pm

thanx again for ur reply, what kind of evidence would they need for accommodation ? can i ask my brother to find me a flat and pay the rent whilst im here until i arrive? would they need a tenancy agreement with my name in it?

Post by **Casa** » Wed Aug 18, 2010 11:13 am

Your brother could rent a flat for you. Preferably your name should be on the tenancy...otherwise your brother would have to write a letter confirming that you would be able to live in the flat on arrival if the tenancy is in his name only. You'll also need to give details of the size of the accomodation to show that it's sufficient for you and your family.
Will you husband have immediate employment with his existing company when he arrives as you must show you can support yourselves financially from day one.

sally2244 · Post by **sally2244** » Wed Aug 18, 2010 2:24 pm

thank you very much for your helpful information.
yes my husband will be employed as soon as he arrives. i feel somewhat stupid for starting this whole application now knowing that i was born in the uk and have been married for 8 years!!!

i guess its never too late although my mum says the law on immigration has changed now compared to 8 years ago!

can my husband apply for ilr from here or does he have to apply for the visa settement first and once in the uk transfer it to ilr knowing that we have been married for over 4 years?
also if the tenancy agreement is in my name, do they just need the agreement itself or what other providing documents should they need?

Post by **Casa** » Wed Aug 18, 2010 4:01 pm

Your Mum's right. Immigration rules are constantly changing!
When your husband applies he needs to make clear that you have been married for more than 4 years (8) and living together for this time outside of the UK. He should then be issued with ILE - KOL Req.
Indefinate Leave to Enter - Knowledge of Life in the UK required. After arriving in the UK and has passed the KOL test he can then apply immediately for permanent residency (ILR) instead of having to wait the full 2 years. If he visits the UK before applying for his Spouse visa he can take the test while he's here and apply for ILE from Egypt...without having to re-apply once he settles in the UK.
With the tenancy contract you'll need to show the size of the property.
How many rooms etc.
Make sure your husband's present employer provides him with written confirmation of the transfer to UK base...you'll need to submit this with the visa application.

sally2244 · Post by **sally2244** » Wed Aug 18, 2010 7:01 pm

thank you so much,
i was told my a solicitor in the uk the same thing -that he can visit the uk and take the test and return back to egypt and apply for ilr. but when i phoned the visa centre here in egypt they told me that the only application tehy have available was teh 2 year spouse settlement visa!!!
so i was confused. my husbands english is fluent and he doesnt need to study for the test so it would be very easy for him to travel to the uk and take the test. can u please guide me as to where i can find the right application form.
i really appreciate ur help

Post by **Casa** » Thu Aug 19, 2010 9:52 am

He will need to study for the test as this isn't an English language test as such. It's a test of your knowlege of life in the UK....customs, social history, politics and law. Fairly useless questions such as 'What is a Quango'. There is an official study book and he needs to cover chapters 2-6. www.lifeintheuk.gov.uk
Ignore the incorrect advice given over the phone. Consulate 'help-lines' aren't renowned for their knowledge of the immigration regulations unfortunately. Your husband will definately be applying for ILE with KOL requirement.

sally2244 · Post by **sally2244** » Thu Aug 19, 2010 1:45 pm

thanx so much, where can i find the application online?

sally2244 · Post by **sally2244** » Thu Aug 19, 2010 1:49 pm

If you are currently outside the UK

If you are subject to immigration control and you are married to or in a civil partnership with a British citizen or person who is settled here, you can apply for permission to come to the UK in this category.

Your husband, wife or civil partner must be at least 21 years old (or 18 years old if you or they are a serving member of HM Forces), and must be:

* currently living and settled in the UK; or
* returning to the UK with you to live here permanently.

You must show that:

* you are legally married to each other or have registered a civil partnership;
* you are going to live together permanently as husband and wife, or as civil partners;
* you have met each other;
* you can support yourselves and any dependants without help from public funds;
* you have adequate accommodation where you and your dependants can live without help from public funds; and
* you are at least 21 years old (or 18 years old if you or your husband, wife or civil partner is a serving member of HM Forces).

If the settled person has more than one husband or wife, only one husband or wife will be allowed to join them here in this category.

To find out how to apply, see the Applying from outside the UK page.

If your application is successful, we will give you permission to live and work here for up to 27 months. This is called your probationary period. At the end of two years, you may apply for permission to settle permanently in the UK (known as 'indefinite leave to remain') as the settled person's husband, wife or civil partner.

We may be able to give you permission to live permanently in the UK as soon as you arrive, if:

* you and your partner married or formed a civil partnership at least four years ago;
* you have spent those four years living together outside the UK;
* you are both coming to the UK to settle here together; and
* you have sufficient knowledge of the English language and life in the UK. (You do not need to meet this last requirement if you are aged 65 or over.)

this is what i found on the uk border agency!!! im still confused

Post by **Casa** » Thu Aug 19, 2010 2:07 pm

Yes...standard 27 month visa. This doesn't cover the concession for those married for more than 4 years and living together outside of the UK for all of that period. This is what you need to make clear when you apply on form VAF4a.
This the passage from the UKBA website which confirms:
We may be able to give you permission to live permanently in the UK as soon as you arrive, if:you and your partner married or formed a civil partnership at least four years ago;
you have spent those four years living together outside the UK;
you are both coming to the UK to settle here together; and
you have sufficient knowledge of the English language and life in the UK. (You do not need to meet this last requirement if you are aged 65 or over.)
One other point from previous posts...if you have a tenancy agreement in your name only, you will need a letter from the landlord agreeing to your husband living with you in the accomodation. Even better if you have his name on the tenancy as joint.
Regarding the KOL test. There is no on-line application form. Your husband would need to find the nearest test centre and book a date and time.

sally2244 · Post by **sally2244** » Thu Aug 19, 2010 2:19 pm

so vaf4a is the right application form? its named as the settlement visa, is that just the standard spouse visa or is it different?
will i be given 27 months or ILE??

sally2244 · Post by **sally2244** » Thu Aug 19, 2010 2:23 pm

thank you so much!!! i didnt even know that he could sit the test her i thought he had to be in london!!!!
im gonna get my husband studying from the books right away!!

Post by **Casa** » Thu Aug 19, 2010 2:25 pm

VAF4a - Settlement. ILE...not 27 months. If you let them issue him with a visa for 27 months (which would be their error) he will fall under the new rules due to be introduced in July 2011, which would be best to avoid.
Also a 27 month visa would be more costly as you would have to apply for ILR (or the equivalent) in 2 years time which at present is Â£1050.00.
With ILE you'll bypass that step. He does need that study book for KOL if he intends to visit to take the test.
In November an additional pre-entry test for English is due to be introduced, so if you're planning to make the move soon, you may want to apply before then. You can defer the entry date for 3 months.
Have just read your last post. He can't sit the test in Egypt. When I meant the 'nearest to him' I was referring to 'when he visits England'. Sorry to disappoint you.

sally2244 · Post by **sally2244** » Thu Aug 19, 2010 2:32 pm

so from what i understand now is that with form vaf4 settlement visa he will be issued ILE right away?
so i assume the spouse visa is a different form?

Post by **Casa** » Thu Aug 19, 2010 2:37 pm

It's the same form.
Form VAF4a...but he needs to make clear you've been married for more than 4 years and is applying for ILE (with KOL). He can do this in an accompanying letter.

sally2244 · Post by **sally2244** » Thu Aug 19, 2010 2:50 pm

ok i understand now! i was confused, sorry for all the trouble its so clear to me now.
i just have to get him studying and gather all my documents.
thank you so much for all ur help.

Immigrationboards.com: Immigration, work visa and work permit discussion board

can any1 guide me??

can any1 guide me??