settlement visa from 1st october, 2011. can come before?

Im wanting to find out whether a wife can come to the Uk before her Settlement Visa Date ( Granted from 1st October 2011)? She is Japanese and does not normally require a visa to enter the UK. However, I understand that she has been told that entry to the UK before the 1st October might cause problems or complications for her Settlement Visa.

When she applied for the Settlement Visa, the guideline for processing it was 3 months so she put the date she wanted to enter the UK as 1st October. The actual time was only 4 weeks so it would be wonderful is she could come now, even though she would be here as a visitor only until 1st October.

Anyone know where we can find the answer to our problem.

Your wife stated in her settlement application that she wishes to travel to the UK on the 1st of October 2011, when she applied for the visa, however, it doesn't mean that she has to travel to the UK on this date. For instance, if it takes longer for the immigration officer to asses her application and docs, she won't be able to make it on this date and will have to travel later.

If she has her approved visa already, tell her to have a close look at it, as there should be written VALID FROM ../../.... VALID UNTIL ../../....
Visas are always issued when decision is made. As soon as she has her passport with a visa, she's free to travel to the UK.

leeloo wrote:Your wife stated in her settlement application that she wishes to travel to the UK on the 1st of October 2011, when she applied for the visa, however, it doesn't mean that she has to travel to the UK on this date. For instance, if it takes longer for the immigration officer to asses her application and docs, she won't be able to make it on this date and will have to travel later.

If she has her approved visa already, tell her to have a close look at it, as there should be written VALID FROM ../../.... VALID UNTIL ../../....
Visas are always issued when decision is made. As soon as she has her passport with a visa, she's free to travel to the UK.

that is incorrect. If the applicant specifies a date they want to travel the eco will grant from that date as long as it is not more than three months from the date of decision.

Greenie wrote: that is incorrect. If the applicant specifies a date they want to travel the eco will grant from that date as long as it is not more than three months from the date of decision.

Sorry for offtopic, but as a person who's going to apply for the settlement visa soon, I'd like to hear - would you suggest to specify the date of supposed travel, taking into consideration minumum rather than maximum processing times?
Thank you.

leeloo wrote:

Greenie wrote: that is incorrect. If the applicant specifies a date they want to travel the eco will grant from that date as long as it is not more than three months from the date of decision.

Sorry for offtopic, but as a person who's going to apply for the settlement visa soon, I'd like to hear - would you suggest to specify the date of supposed travel, taking into consideration minumum rather than maximum processing times?
Thank you.

I think it really depends on how quickly you can book your flight and get ready to leave the country. The spouse visa is issued for 27 months. The spouse then needs to complete two years in the UK before s/he applies for ILR however can apply 28 days before the two years. Some people may need a few months to sort everything out, sell property etc and therefore put a date a few months in the future as if the visa is issue from the date of decision they may not have enough time to sort things out before they have to come to the UK to complete the two years.

As long as you can get to the UK within the 3 month timeframe, you might as well put 'as soon as possible' or, if completing the form online, put a closer date in the future, as, if this date as passed by the time they make a decision, it will just be issued from the date of decision. Does this make sense?

Greenie wrote: I think it really depends on how quickly you can book your flight and get ready to leave the country. The spouse visa is issued for 27 months. The spouse then needs to complete two years in the UK before s/he applies for ILR however can apply 28 days before the two years. Some people may need a few months to sort everything out, sell property etc and therefore put a date a few months in the future as if the visa is issue from the date of decision they may not have enough time to sort things out before they have to come to the UK to complete the two years.

As long as you can get to the UK within the 3 month timeframe, you might as well put 'as soon as possible' or, if completing the form online, put a closer date in the future, as, if this date as passed by the time they make a decision, it will just be issued from the date of decision. Does this make sense?

It does. Cheers

thank you for all you thoughtful replies. The problem is that the wife has been issued for the date 3 months ahead, to allow for decision to be made. The decision was made within 4 weeks. She is ready and willing to travel to the UK now! She is Japanese and does not need a visitor visa.

Can she come now or must she wait for the Settlement Visa date of 1st October? And, is she comes now, what happens to the Immigration Stamp of date of arrival............must she then go somewhere to get it stamped on or after the 1st October?

Thanks

I will let you know the answer later on when I get home from work

ENTRY CLEARANCE have a date on which they become effective and a date on which they expire.

The date on which they become effective is given on the entry clearance as a "valid from" date.

Depending upon the wishes of individuals as to when they want to travel, the "valid from"date can be later than the date on which an entry clearance is issued.

The date on which the entry clearance expires is given as the "valid until" date.

As you probably have in your application given a date or an indication of when you want to travel, the ECO issuing the EC has in effect delayed the " valid from date near the time you have requested and as a result you will not be allowed to enter the UK till a date ( in most cases 3 months) from "valid from" date on your visa.

If your visa in effect becomes valid from 1st October, it means you can not enter the UK till then.If you do you may be refused entry as you do no have a valid visa to enter UK before 1st October.

What you should have stated in your application as the date you want to travel to UK should have been something like "shortly after visa is issued" rather than a date 3 months in advance.

If you had stated ASAP after visa issued,it would have meant that you could have traveled straight after the visa was issued, or if you wanted you could have delayed it up to a maximum of 3 month, with no implications for the next process of your application which is the indefinite leave to remain after you have spent living 24 months in UK ( 24_+ 3 months = 27 months visa is what you will have been issued with.

The long and short is that you can not travel before 1st October, but if you wanted to delay your arrival you could delay it for 3 months, meaning the last day you can travel is 31/12/11.

Hope you understand that.

Sorry for off topic, but as a person who's going to apply for the settlement visa soon, I'd like to hear - would you suggest to specify the date of supposed travel, taking into consideration minimum rather than maximum processing times?
Thank you.

My advise would be to write "shortly after visa is issued, rather than putting a date down some 2-3 month down the line, unless you of course want to travel at a later date because of some personal reasons, then put a date down in future, so you can finish off doing what you have to, and once it is completed then you are free to travel to UK

I thank you for your response and Im clear about what you say.

However, what has still not been answered is that the wife is Japanese, living in Japan and does not need a visitor visa to come to the UK. If she chose to come to the UK as a visitor this month, what would be the consequences for her Settlement Visa 'valid from date' of 1st October? She would be already in the UK, so how could she get the entry of the Settlement Visa stamped?

Any more info on this would be appreciated. Thanks

bluemoonvisas wrote:I thank you for your response and Im clear about what you say.

However, what has still not been answered is that the wife is Japanese, living in Japan and does not need a visitor visa to come to the UK. If she chose to come to the UK as a visitor this month, what would be the consequences for her Settlement Visa 'valid from date' of 1st October? She would be already in the UK, so how could she get the entry of the Settlement Visa stamped?

Any more info on this would be appreciated. Thanks

She would need to leave the UK and enter again on or after the first of October.

bluemoonvisas wrote:I thank you for your response and Im clear about what you say.

However, what has still not been answered is that the wife is Japanese, living in Japan and does not need a visitor visa to come to the UK. If she chose to come to the UK as a visitor this month, what would be the consequences for her Settlement Visa 'valid from date' of 1st October? She would be already in the UK, so how could she get the entry of the Settlement Visa stamped?

Any more info on this would be appreciated. Thanks

The problem is she is not genuinely entering the UK as a visitor, and therefore could be refused entry if she attempts to do so, however, see paragraph 10.4

"An immigration officer may cancel an entry clearance, which is capable of having effect as leave to enter if the holder arrives in the UK before the day on which the entry clearance becomes effective. The IO should establish whether the passenger is seeking entry on the same basis for which the entry clearance was issued. If satisfied that he qualifies for leave to enter, the IO may cancel the EC using the cancelled without prejudice stamp and grant leave to enter"

Alternatively, to avoid any problems, you could see if the embassy Japan might be willing to change the valid from date

Alternatively, to avoid any problems, you could see if the embassy Japan might be willing to change the valid from date

To avoid any confusion and problems whatsoever. my advice would be that you come to come to the UK on 01/10 or after.

This way you don't need to travel as visitor,only to have to leave the UK and then re enter for your settlement visa to become valid. This way you will save time and money

She can come to France/ Ireland as a tourist, and maybe, send her belongings directly to you. You can visit her for short breaks/long weekends till the 1st Oct. She needs to enter UK after/on 1st Oct, but that doesn't mean that she can't travel out of Japan before that. Hope this helps.

Many thanks for you contributions. I feel you have covered all the options and we can now make a decision. Thank you.

Just let us know what and how you do in the end