Visas issued - Some questions for the board

Hi everyone,

I'l try to keep this short and to the point...

Background:
I am the sponsor based in Karachi (British by Descent). My infant daughter has been granted a UK Dependent Visa after her original refusal decision was withdrawan and yesterday I collected her passport from Gerry's Karachi.

My wife and 4 year old son have already been issued Spouse and Dependent visa's which are expiring in approximately 1 year. They could not leave Karachi due to my daughter's visa rejection. Our initial Visa application process started in July, 2009.

Now that my daughter has got her Visa, we are planning to leave in the next 2-3 months (I am based in Karachi with them at the moment).

Questions:
1. Seeing that my wife and son already have crossed the 3 months given initially to leave the country, is it a big problem if we delay our leave till May (that will be in the fourth month after visa issuance for my daughter)

2. Seeing that I have been married for over 4 years and living outside of the UK, can my wife get to the UK, give the KOL test and then apply for ILE straight away? Can she be rejected for any reason? (Note: I will not have a job immediately upon my arrival in UK. Does this matter?)

3. Based on point 2 above, am I correct in assuming that my wife and son will not need to apply for FLR?

4. Am I correct in assuming that the children's status will automatically be eligible for that of my wife (ILE) once she passes her KOL test?

5. Does my wife need to give the TB test again to go through immigration at the airport? Her old one has expired by now as we have gone through an appeal proces for my daughter.

6. Does my wife need to give the recently introduced English test?

Thank you in advance. It has been a long journey getting to this point and I am very thankful to the forum for all the feedback and information I have gained from it's members and moderators.

............

Shahzad,

Thank you for replying.

Didn't know that the TB test is of no use anymore. I was secretly hoping that it will still be considered valid!

Any idea what the charge is to take this at the airport? You seem to have been through this....

mekyle1@hotmail.com wrote:1. Seeing that my wife and son already have crossed the 3 months given initially to leave the country, is it a big problem if we delay our leave till May (that will be in the fourth month after visa issuance for my daughter)

The travel can be undertaken at any time while their visas are valid.

mekyle1@hotmail.com wrote:My wife and 4 year old son have already been issued Spouse and Dependent visa's which are expiring in approximately 1 year.

Do these (current) visas (of your wife and both children) have ILE endorsement? If not, then see the following responses to your queries:

mekyle1@hotmail.com wrote:2. Seeing that I have been married for over 4 years and living outside of the UK, can my wife get to the UK, give the KOL test and then apply for ILE straight away? Can she be rejected for any reason? (Note: I will not have a job immediately upon my arrival in UK. Does this matter?)

No, unless her current visa issued a year (or so) ago was endorsed with ILE on the basis of being married to you for at least 4 years and staying (with you) outside the UK for at least 4 years.

mekyle1@hotmail.com wrote:3. Based on point 2 above, am I correct in assuming that my wife and son will not need to apply for FLR?

No, unless the above is true. But if she was issued with a (usual) spouse visa (not on basis of being married for 4 years at the time of application, and not living outside UK for at least 4 years), then she will need to apply for FLR before becoming eligible for settlement.

mekyle1@hotmail.com wrote:4. Am I correct in assuming that the children's status will automatically be eligible for that of my wife (ILE) once she passes her KOL test?

The children's endorsement will follow that your wife.

mekyle1@hotmail.com wrote:6. Does my wife need to give the recently introduced English test?

No, is she travels on her current visa. Yes, if and when she applies for FLR.


regards

As suggested before, it will be in your interest to get the endorsements corrected, in Pakistan (before travelling) or in the UK (after you arrive), to avoid any problems at the time of settlement application.


regards