Settlement Visa: some advice please....

Dear(s),

I am British citizen and my wife is an Indian citizen with Belgian residence card. I am an IT professional and presently, I am working in Brussels. I have a 2 bedroom house in the UK. Now we are planning to move to the UK.

On the accommodation side, I have the house to show. But I would not be giving up my Belgian job. I will work Monday-to-Friday and then over the weekend, I will go back to the UK. This arrangement will continue till, I find a good job in the UK.

I have some savings also to show, if the British Embassy wants to see. But the fact that I will be working in Brussels, is my problem. Do you think, it will/can become the factor to decline her the VISA? There are quite a few British people who work along with me here and they travel back to the UK during the weekend; so I guess it is perfectly normal. We have been married for more than 4 years to qualify for Settlement : spouse (KOL Req) VISA

Thanks for your help. Regards.

It may be better if she visits the UK first, to pass the KOL test. Note that if she visits the UK with you, then she may apply for an EEA family permit, free of charge.

Subsequently, after you have found a UK job and intend to settle, she may apply for a spouse visa, subject to the Maintenance and accommodation requirements. She should then be granted an ILE endorsement.

Thanks for your reply. I may have a decent job offer soon. Once I have the offer letter, addressed at my house in the UK, can she apply for spouse visa then? We have 5,000 EUR in savings to show; if that helps, in our Belgian Account.

Will she be forced to choose EEA route only as I am exercising EU treaty by working in Brussels or can she choose UK immigration also.

It is bit expensive but it will give her ILR quickly. Our plan is that once I have the job offer in hand, she will apply for spouse visa KOL req. Come to UK, pass the test and get ILR.

Thanks once again.

itworker001 wrote:Our plan is that once I have the job offer in hand, she will apply for spouse visa KOL req. Come to UK, pass the test and get ILR.

Thanks once again.

After two years on spouse visa!

Hello Wanderer,

We have been married for more than 4 years and there is a category (I read it somewhere) where spouse VISA can be endorsed as Settlement: Spouse/CP (KOL Req).

Someone with this VISA does not need to wait for 2 year; he/she just need to pass the Life in the UK test and then apply for ILR.

However, I might be wrong; rules may have changed; I am not up-to-date with rules.

Regards.

itworker001 wrote:Hello Wanderer,

We have been married for more than 4 years and there is a category (I read it somewhere) where spouse VISA can be endorsed as Settlement: Spouse/CP (KOL Req).

Someone with this VISA does not need to wait for 2 year; he/she just need to pass the Life in the UK test and then apply for ILR.

However, I might be wrong; rules may have changed; I am not up-to-date with rules.

Regards.

Yeah it still exists itworker, it's called Indefinite Leave to enter (ILE). Has to be applied for outside of the uk.

vinny wrote:It may be better if she visits the UK first, to pass the KOL test. Note that if she visits the UK with you, then she may apply for an EEA family permit, free of charge.

Subsequently, after you have found a UK job and intend to settle, she may apply for a spouse visa, subject to the Maintenance and accommodation requirements. She should then be granted an ILE endorsement.

Hello Vinny,

Following your suggestion, we are going to apply for the EEA family Entry Clearance for my wife. The purpose is that she can appear for the KOL test.

Once passed and I have found a job in the UK, she will apply for Settlement Spouse (ILE) as we have been married for more than 4 years.

I suppose there is not any expiry date on the KOL test Pass Certificate? Am I wrong here in this assumption?

This procedure seems to be cost effective; hence we are inclined towards it.

Now as a British Citizen working in Brussels, I am supposed to write a letter with the EEA application of my wife stating the purpose of visit. Can I mention this in my letter that we both want to travel to the UK; so that she can take the KOL test.

Will that be a problem, when later on she applies for a settlement (ILE) VISA.

Thanks a lot for answering the question.

itworker001 wrote:

vinny wrote:It may be better if she visits the UK first, to pass the KOL test. Note that if she visits the UK with you, then she may apply for an EEA family permit, free of charge.

Subsequently, after you have found a UK job and intend to settle, she may apply for a spouse visa, subject to the Maintenance and accommodation requirements. She should then be granted an ILE endorsement.

Hello Vinny,

Following your suggestion, we are going to apply for the EEA family Entry Clearance for my wife. The purpose is that she can appear for the KOL test.

Once passed and I have found a job in the UK, she will apply for Settlement Spouse (ILE) as we have been married for more than 4 years.

I suppose there is not any expiry date on the KOL test Pass Certificate? Am I wrong here in this assumption?

This procedure seems to be cost effective; hence we are inclined towards it.

Now as a British Citizen working in Brussels, I am supposed to write a letter with the EEA application of my wife stating the purpose of visit. Can I mention this in my letter that we both want to travel to the UK; so that she can take the KOL test.

Will that be a problem, when later on she applies for a settlement (ILE) VISA.

Thanks a lot for answering the question.

You are right..There is no expiry date for Life In Uk Test..

But my question is there is no need to do this test.You can still get ILE with KOL required clause.Once in Uk she can take test and can immediately apply for ILE.

I dont think you need to travel just for Life In Uk test.

First get entry clearance then you can take Test.Simple is that.

UK_Banned_Member

immigrationuk2009 wrote:
But my question is there is no need to do this test.You can still get ILE with KOL required clause.Once in Uk she can take test and can immediately apply for ILE.


UK_Banned_Member

Thanks UK_Banned_Member for your reply.

EEA family permit is free of cost. We live in Brussels so we can drive to the UK and take test; this part will cost less than £150. Once she has passed the test and I have found a job in the the UK, we directly apply for the ILE. This method will cost us no more than £1000 for ILE including pretty much every thing.

This approach was recommended by Vinny.

However, if we go for KOL Req VISA, we will have to pay for the KOL Req Entry Clearance and then subsequent ILR in the UK. It will cost us at least £1500.

So going down the route recommended by Vinny will save us £500 or so. The fee charged by UKBA are beyond my comprehension; I do not find the rationale; so if I can save some pennies, great!!!!

I have one question though about the qualifying 4+ years marriage period for ILE with or without KOL.
I have been married for 5+ years and we are outside UK(in Brussels) for this time; however I have visited London for official meetings(day trip by Euro Star) and she will also visit UK on EEA permit( when she gets it) to appear for the KOL test.

Will she be deemed that she is no more out side UK for 4+ years?

In my opinion as long as the marriage has been subsisting for more than 4 years; few visits to the UK should be OK, even if these are on EEA permit which leads to settlement.

Am I wrong in this assumption? Can any of the moderators please qualify this? Vinny/ElenaW any one please......

Regards.

Hello,

My wife and son have been issued ILE in Dec 2009. We have been married over 4 years and will be moving to UK together soon. I am the sponsor and a British Citizen.

As we have been married over 4 years, she will give the KOL test and apply for ILR once we get to UK.

My questions are:

1. Do we need to pay the fee for ILR again once she passes the KOL test or is it already taken care of since her visa was approved just 3 months ago?

2. When is the new fee of GBP 1,600 applicable from? Does this new fee structure apply to both members of my family?

Thanks in advance!

mekyle1@hotmail.com wrote:Hello,

My wife and son have been issued ILE in Dec 2009. We have been married over 4 years and will be moving to UK together soon. I am the sponsor and a British Citizen.

As we have been married over 4 years, she will give the KOL test and apply for ILR once we get to UK.

My questions are:

1. Do we need to pay the fee for ILR again once she passes the KOL test or is it already taken care of since her visa was approved just 3 months ago?

2. When is the new fee of GBP 1,600 applicable from? Does this new fee structure apply to both members of my family?

Thanks in advance!

You should start a new thread for your question and not hijack anothers

Sorry, just thought my problem was along the same lines as what is being discussed and that it would be mutually beneficial.

Will post in a new thread....apologies

mekyle1@hotmail.com wrote:Hello,

My wife and son have been issued ILE in Dec 2009. We have been married over 4 years and will be moving to UK together soon. I am the sponsor and a British Citizen.

As we have been married over 4 years, she will give the KOL test and apply for ILR once we get to UK.

My questions are:

1. Do we need to pay the fee for ILR again once she passes the KOL test or is it already taken care of since her visa was approved just 3 months ago?

2. When is the new fee of GBP 1,600 applicable from? Does this new fee structure apply to both members of my family?

Thanks in advance!

Yes you have to pay fee again whatever valid on that date.
Remember fee are going to increase in April.

So answer is Yes.

Forget about posting your topic here as this is relevant to topic.

UK_Banned_Member

itworker001 wrote:

immigrationuk2009 wrote:
But my question is there is no need to do this test.You can still get ILE with KOL required clause.Once in Uk she can take test and can immediately apply for ILE.


UK_Banned_Member

Thanks UK_Banned_Member for your reply.

EEA family permit is free of cost. We live in Brussels so we can drive to the UK and take test; this part will cost less than £150. Once she has passed the test and I have found a job in the the UK, we directly apply for the ILE. This method will cost us no more than £1000 for ILE including pretty much every thing.

This approach was recommended by Vinny.

However, if we go for KOL Req VISA, we will have to pay for the KOL Req Entry Clearance and then subsequent ILR in the UK. It will cost us at least £1500.

So going down the route recommended by Vinny will save us £500 or so. The fee charged by UKBA are beyond my comprehension; I do not find the rationale; so if I can save some pennies, great!!!!

I have one question though about the qualifying 4+ years marriage period for ILE with or without KOL.
I have been married for 5+ years and we are outside UK(in Brussels) for this time; however I have visited London for official meetings(day trip by Euro Star) and she will also visit UK on EEA permit( when she gets it) to appear for the KOL test.

Will she be deemed that she is no more out side UK for 4+ years?

In my opinion as long as the marriage has been subsisting for more than 4 years; few visits to the UK should be OK, even if these are on EEA permit which leads to settlement.

Am I wrong in this assumption? Can any of the moderators please qualify this? Vinny/ElenaW any one please......

Regards.

Then great..I was not thinking your cost saving techniques.
Yes good idea.

Your assumption is completely wrong...This would affect ILE visa.

She would not deem staying not outside UK...

So best Luck

UK_Banned_Member