Post
by Marie B » Tue Jun 27, 2006 7:24 pm
You're right - if you have a two year spouse visa you can travel to the uk anytime within the validity of the visa and as it is a multi-entry visa you can travel abroad and re-enter as many times as you like. The only reason someone would plan to travel as soon as they have the visa is that the next stage - applying for ILR - is slightly more straight forward if they travel earlier.
You have to apply to convert your spouse visa to ILR before it runs out, but no more than 28 days before it runs out. Simple - except to be eligible for ILR you must have been resident not less than 28 days short of 2 years.
Say your visa was granted on May 1 2005, you waited three months to travel and arrived in the uk on the 1st August, you would have to apply to extend your visa during April 2007 but you would not have completed the required residency for ILR having only been in the country a year and 9 months - you will not fulfill the residency requirements until July 2007. So instead of applying for ILR you have to apply for FLR - Further Leave to Remain at a cost of £335 (by post) or £500 (in person), and then apply for ILR before that is due to run out - at another cost of £335 or £500.
My husband, for example, was granted his visa on 11th May 2005, and arrived in the UK on his visa on 26th May 2005. He can apply for ILR no later than 10th May 2007 (as his visa will expire the following day) but not before 29th April 2007 (28 days before 26th May 2007 - when he completes his two year residency).
So to save the hassle of having to apply for FLR and then ILR travel as soon as you get the visa - or, in countries where spouse visas are processed quickly, don't apply until just before you're ready to travel.
