Settlement Spouse Visa - Initial Entry to UK Queries

[HSKHAN]

Hello Everyone,

My wife has just received her spouse visa for settlement back in Pakistan. Due to certain circumstances, she cannot yet come and live with me in UK immediately. I am planning to get her here Early May next year which is more than 3 months. The criteria required for 1st entry to qualify for ILR without an additional FLR(M) application is to enter within 3 months of visa start date.

So I have the following questions:

1. Can she enter the UK within the next 3 months, stay here just for a day or 2 and then leave back to Pakistan and then come back here permanently early May next year?
2. If the answer is yes for question 1, whats the impact on her settlement visa application after 5 years? Will she qualify without an additional FLR(M)?
3. If the answer is yes for question 1, will she face any issues at immigration on her entry in May next year?

Many thanks
Hammad

[HSKHAN]

Does any one has any idea?


Also, My wife applied on 19th October 2012.
The approval letter that my wife has received from BHC mentions she needs 2 years probationary period only to qualify for Indefinite Leave to Remain. So quite confuse as post 9th July, the qualifying period is now 5 years.

Did BHC made a mistake?

[HKamy20]

@ HSKHAN

Asalaam U Alaykum

Brother mubarak on your application. 1st point is that under the new rules your wife will have to apply for extension of her initial stay after 2 1/2 years for a further 2.5yrs and then apply for indefinate stay..

To pass the initial probationary period, she must have been in the UK for at least 24 months. Therefore it is unlikely you will be allowed to have your wife go back to Pakistan for so long....

If it is absolutely vital that your wife goes back to Pakistan , then my advice for you is to email / get in contact with the people in charge of the probationary period and explain your circumstances...

Although it is always easier to go by the rules they have put and just bring your wife over asap and stay with her for the 2.5yrs and apply for her extension etc..

I hope this helps. I'm not a professional but i can try and help Insha Allah..

Asalaam U Alaykym

[HSKHAN]

@ HSKHAN

Asalaam U Alaykum

Brother mubarak on your application. 1st point is that under the new rules your wife will have to apply for extension of her initial stay after 2 1/2 years for a further 2.5yrs and then apply for indefinate stay..

To pass the initial probationary period, she must have been in the UK for at least 24 months. Therefore it is unlikely you will be allowed to have your wife go back to Pakistan for so long....

If it is absolutely vital that your wife goes back to Pakistan , then my advice for you is to email / get in contact with the people in charge of the probationary period and explain your circumstances...

Although it is always easier to go by the rules they have put and just bring your wife over asap and stay with her for the 2.5yrs and apply for her extension etc..

I hope this helps. I'm not a professional but i can try and help Insha Allah..

Asalaam U Alaykym

Wassalam brother and thanks for the response.

She has 33 months of visa right now, I am sure she would have easy qualified as 24 months out of 33 is quite a lot. Or am I missing something?

Also, what do you think the impact will be if she enters UK initially (first visit) in May next year, i.e. 5 months after her visa start date? As far as I know, there is no impact apart from additional FLR(M) application. But I am worried she may face some problem at immigration?

Many thanks Again
Assalam-o-Alaikum

[HKamy20]

Brother i will try reply when i get more time. Just message me privately okay?

[HKamy20]

Asalaam U Alaykum Brother

Brother please read through SECTION 3.2 to answer your question. It is UKBAs own guidance on what are the requirements to meet when applying for your wife's indefinate leave to remain...

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I hope that helps Insha Allah

Asalaam U Alaykum