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Needing verification re spouse visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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finks
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Joined: Thu Oct 30, 2008 7:10 am

Needing verification re spouse visa

Post by finks » Thu Oct 30, 2008 7:54 am

Hi
I have spent hours looking through forums and websites and have found out most things i require for my hubbies spousal visa.
I just need verification on one final matter.
It is regarding the ILE.
We have been married for 4 years overseas(in NZ).He is a NZ er.We are currently still in NZ looking to emigrate to the UK.

[i]Where an applicant has satisfied all of the requirements for ILE except the KOL requirement, they should be granted 27 months LTE. During this time they can, at any point, satisfy the KOL requirement in the UK and apply for ILR.

We fit all the requirements except the KOL.

I have been in the contact with the British High Commission and they replied that he would get a settlement visa and it would have KOL required.
I am confused what form to complete.
So is it the INF4 he applies for??
Also if he is granted the ILE(with the above requirement) will we then have to pay the 750 pounds for his ILR when we are in the UK or just the cost of the test??
Thanks in advance for your help i just can`t seem to get an answer every time i have queried this.

Finks

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

Post by John » Thu Oct 30, 2008 10:10 am

I have been in the contact with the British High Commission and they replied that he would get a settlement visa and it would have KOL required.
Totally correct. He will get a 27-month spouse visa endorsed with "KOL required".
I am confused what form to complete.
So is it the INF4 he applies for??
Well, the VAF4 form should be used. Attach a covering letter specifically drawing their attention to the length of time the two of you have been married.
Also if he is granted the ILE(with the above requirement) will we then have to pay the 750 pounds for his ILR when we are in the UK or just the cost of the test??
He will not be granted ILE ... as said above he will get a 27-month visa.

When he is in the UK he should study for, take, and hopefully pass the Life in the UK Citizenship test. As soon as he has the pass certificate he can apply for ILR ..... cost £750 by post or £950 in person at a PEO. That is, because of the "KOL required" endorsement he does not need to wait until near the end of the 27-month visa.

Clear now?
John

finks
Newly Registered
Posts: 2
Joined: Thu Oct 30, 2008 7:10 am

Needing verification re spouse visa

Post by finks » Fri Oct 31, 2008 2:37 am

Thanks alot John i appreciate the reply.
Yes it is alot clearer now,and is good we don`t have to wait for the 2 years to finish before we can apply for the ILR.
I have just read so much conflicting information.
Could you also tell me if i am correct in thinking then that he has 3 months from when he granted the visa to enter to UK?
Will he need a chest x-ray/medical?
Thanks again John

Finks

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Fri Oct 31, 2008 8:52 am

Will he need a chest x-ray/medical?
No I don't think so, in NZ, but to make absolutely sure go to the website of the BHC in NZ and that will mention any such requirement .... or actually I suspect, will not mention that requirement.
Could you also tell me if i am correct in thinking then that he has 3 months from when he granted the visa to enter to UK?
Ordinarily he should enter within the first 3 months 28 days of validity of the 27-month spouse visa. This is to avoid a problem getting ILR near the end of that visa. However with the "KOL required" endorsement he can apply for ILR as soon as he has passed the Life in the UK Citizenship test, so actually it would not really be a problem if he doesn't enter within the first 3 months 28 days.

In other words, no harm in the application for the spouse visa being made in the near future, even if it might be quite a few months before the move to the UK. Suspect you might have a house to sell, and of course you do not know exactly how long it will take to sell?

As already said, in a covering letter point out the length of time the two of you have been married and that the "KOL required" endorsement is appropriate. When the visa is issued, if the endorsement is not present, query it in NZ before travelling to the UK. It will be a lot easier to sort that out there, rather than in the UK.[/list]
John

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