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spouse here on work permit - advice appreciated please?

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touchingcloth
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spouse here on work permit - advice appreciated please?

Post by touchingcloth » Fri Nov 04, 2005 9:49 am

Good morning all,

My wife has been here (UK) on work visa/permits for 4 years. Her last visa/permit expired and was reissued in September 2004. This expires in September 2006.

I am a British citizen. We met and married here 18 months ago and have since been living together


Does anyone know if she is now eligible for for a UK spouse visa (or does she have to wait until her work visa expires)?

If so, which visa would be the correct one?

Can she apply from the UK, or would she have to return to her native country and apply?


Thanks in advance

touchingcloth
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Post by touchingcloth » Fri Nov 04, 2005 10:08 am

ps...we didn't get a COA (whatever that is) when we got married.

We just got a applied for a blue intention to marriage form.

Will this make a difference?

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Fri Nov 04, 2005 11:15 am

The marriage law tightened up only on 01.02.05, so you were clearly married before that so the CoA procedure did not apply.

What your wife should have done is apply for a spouse visa immediately following the marriage. That would have cut out the need for her to get a new WP and visa in September 2004. So she now has a visa which will expire next September, at which time she can apply for ILR.

Can I ask, is she wanting to change her job? Or is she happy where she is? The point is that if she applies for a spouse visa now that would be of two years duration and would actually delay her getting her ILR. So consider just sticking with her current visa and then applying for ILR late summer next year.

But if a spouse visa application is desired then the application can be made in the UK. No need to return to her country.

From what you post, as soon as your wife has her ILR she will be able to apply for naturalisation as British. So you might like to suggest to her that she starts studying for the Citizenship Test.
John

touchingcloth
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Post by touchingcloth » Fri Nov 04, 2005 11:31 am

Hi John,

Thanks for your prompt reply and putting my mind at ease.

My wife's case is a littlemore complex in that she orignally came over as a nurse along with many other through a scrupulous agent (Sep01). Immigration prosecuted the agent recently and he is now behind bars.

All of the nurses were deemed here as illegal on their orignal visas. They weren't deported as they were seen as innocent parties.

My wife then decided to reapply for her visa/permit. This was granted no problem in Sep04, as she wasn't at fault.

However, an immigration agent has said that because of this case, the clock only started ticking for her and other nurses from when they received their new visa's. So in my wife's case, this is Sep04.

Therefore, from an immigration perspective, she has only been here since her new visa.

So she has 3 more years to revise for the British citizenship test !!!

Basically, we are so fed up with this work visa issue, that I want her here on a spouse visa instead.

Would you anticipate any issues for when I go to Croydon in person?

Would we be interviewed face to face, to put ourperspective across?

Many Thanks
TC

Kayalami
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Post by Kayalami » Fri Nov 04, 2005 11:38 am

touchingcloth,

Assuming the 18 month anniversary was today it appears you got married on or around April 2004. As per my fellow mods comments had you applied for a spousal visa then you would be applying for ILR on or around March 2006.

Has your spouse continued to work for the same employer that sponsored her work permit throughout the (18month) period in question?

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Fri Nov 04, 2005 11:51 am

Would you anticipate any issues for when I go to Croydon in person?
OK, as you say, not quite as straight forward. Still a shame that the spouse visa was not applied for immediately after the marriage.

So OK go for the spouse visa now. But why go to a PEO? Why not apply by post and save £165. I make that point because of the "unusual" immigration history a PEO might not agree to same-day service. You might be OK but given that there is no current rush to get the spouse visa, simply apply for that by post. The form to use is FLR(M).

Then near the end of 2-year spouse visa she can apply for ILR. And then, on the facts that you post, she would be able to go for naturalisation as soon as she has the ILR .... so just two years to get the Citizenship Test out of the way, not three.
John

touchingcloth
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Post by touchingcloth » Fri Nov 04, 2005 11:53 am

Hi Kayalami,

When I phoned IND.gov as soon as we got married, I was told that once we have been married for 2 years, we can get ILR immedaitely without the need for this 2 years spouse visa. I remember this specifically.

So for that past 1.5 years, we've been thinking my wife would fet ILR in May 2006.

and now, just because i phoned INd.gove back to double check, I 've been told that ILR can only be gained AFTER she has been on a spouse visa for 2 years!

How depressing!

My wife has not been for the same employer over the last 4 years (she has had 2 different employers and work permits)


So to clarify, the quickest way is to apply by FLR(M) form?

Would we be interviewed if we do the £500 same day service?

We are thinking of changing her Indian passport to her married surname. Is this advisable to to before FLR(M)?

Thanks

Kayalami
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Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Fri Nov 04, 2005 12:58 pm

1. FLR(M) is not the fastest way its the only way. In person application is faster as you may get FLR on the day.

2. The Home Office can and do interview applicants for any immigration application if such helps in their determination. Interviews usually for those with a long term and/or complex adverse immigration history - IMHO your case is not given that a WP was granted.

3. Name on passport irrelevant as long as any changes can be clearly demonstrated such as through marriage/ deed poll etc.

touchingcloth
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Post by touchingcloth » Fri Nov 04, 2005 10:15 pm

Thanks for the advice moderators. Much appreciated!

do you know how much money one requires to show on bank statements.

I have a house 80% paid off. Should I take mortgage papers and prepared accounts also?

touchingcloth
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Post by touchingcloth » Sun Nov 06, 2005 5:00 pm

Hi all,

I am a British citizen and am trying to arrange an appointment in Croydon for my wife and I, to apply for spouse 2 year visa. (rather than throught the post)

Does anyone know if we will be interviewed? or is it a case of just turn up, and hand documents over?

Does anyone know the process/diary that this day would take?

We would prefer an interview, so that we can demonstrate the reality of our marriage. (We're a little worried, that if we're not seen face to face, we might be rejected).

Ps..does anoyone know as to how much funds we ned to show in our bank account (taking into account that my wife has been working in this country for 3 years)

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sun Nov 06, 2005 8:38 pm

Why are you asking the same question again? OK, it is only my opinion, but nobody has posted to contradict me, ..... I don't think you will succeed in getting the spouse visa on the same day if you go to the PEO. In view of the "unusual" immigration history of your wife I think that if you did go along in person to a PEO there is quite a chance they will defer the decision to a later date.

That being the case, why don't you simply apply by post .... and save £165 in the process.
We would prefer an interview, so that we can demonstrate the reality of our marriage.
The reality of your marriage can be proved by the evidence you supply. The reality of the marriage is not what would cause the possible delay ... it is the immigration history.

If you submit by post, if IND want an interview they will tell you.
does anyone know as to how much funds we need to show in our bank account
There is no fixed sum. But the fact that no claim has been needed in the past is itself good evidence that there is enough money around in order to show no claim will be needed in the future.
John

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