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Family settlement visa

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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jskywalker
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Posts: 2
Joined: Fri Jan 21, 2011 12:03 am

Family settlement visa

Post by jskywalker » Fri Jan 21, 2011 1:03 am

Hello, this is a very good website, I see many people post questions and seek advices here. Hopefully someone can help me too.

My name is Hoa, from China. I have been living and working in the uk for the past 6 years. Me and my wife married in the UK 4 years ago. She is a Chinese too. She is now settled in the UK, just recently received her ILR visa.

Basically I want to apply for a settlement visa, as a spouse of a person who is settled in the UK.

Now I understand according to the UKBA policy, there is a "two years probationary period" (two years marriage visa) before you can apply for settlement, but I don't know the purpose of that. To test if a marriage is genuine?

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Initially UK visas for spouse immigration are issued for a two year period. After this time, a person can apply for Indefinite Leave to Remain (ILR) commonly known as permanent residency in the UK. In some circumstances, you may be eligible for ILR straight away, but only if you have been married and living with your spouse in another country prior your application for entry into the UK.
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As me, already have living in the UK for 6 years, married 4 years. Can I apply for settlement visa (SET(M)) directly without the two years marriage visa ?

Otherwise there will be another £800 visa application cost :-(.

Thanks for your advice and help.

Regards,

Hoa

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Fri Jan 21, 2011 1:33 am

No, you have to do the two years first. What visa do you have now?

Vin77
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Posts: 5
Joined: Mon Jan 17, 2011 8:57 pm

Post by Vin77 » Fri Jan 21, 2011 10:56 am

I am in a similar position - husband and son have been granted ILR; I couldn't apply with them as I am on my own WP and not dependent WP.

I have been married for 6 years and living together with husband in the UK for 5 years. It's annoying that I will have to spend 2 years on spouse visa to get ILR as dependent. I would think this rule should apply for someone coming in from outside to join spouse after marriage.

jskywalker
Newly Registered
Posts: 2
Joined: Fri Jan 21, 2011 12:03 am

Post by jskywalker » Sat Jan 22, 2011 9:38 am

PaperPusher wrote:No, you have to do the two years first. What visa do you have now?
sponsored skilled worker

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