Unused Settlement Visa

Xain · Post by **Xain** » Sat Apr 17, 2010 6:08 pm

Hi Everyone,

This is my predicament :

I applied for a settlement visa to the UK over a year ago.
Although it was successful, due to some family issues, my spouse and i weren't able to migrate.
Now i have a few months left on the visa, and i'm wondering what i should do.

As far as i can see, i have 2 options, either use it, or not.

If i do use it - what happens after the visa expires ? I can't apply for ILR since i would only be there for a few months......or can i ?

If i don't and it expires, unused - what would be the fate of any future settlement visa application if we do make another attempt to settle in the UK ?

Looking forward to your favourable responses.

Thank You,

Xain

troubled · Post by **troubled** » Sat Apr 17, 2010 7:25 pm

I think you can apply for extension of your spouse visa at the place where you made that application.You can attach covering letter explaining why you could not use it with all the necessary documents.Well, wait for others to share their views as well

Post by **Casa** » Sat Apr 17, 2010 8:07 pm

I believe that you can still use the visa...as it remains valid. However, before the expiry date you will need to apply for Further Leave to Remain - FLR(M) to fill the gap in the 2 years required for ILR. However,
bear in mind that this is under current regulations and ILR is due to be replaced in July 2011 with Probationary Citizenship with new conditions attached.

Post by **batleykhan** » Sun Apr 18, 2010 10:41 am

Casa wrote:I believe that you can still use the visa...as it remains valid. However, before the expiry date you will need to apply for Further Leave to Remain - FLR(M) to fill the gap in the 2 years required for ILR. However,
bear in mind that this is under current regulations and ILR is due to be replaced in July 2011 with Probationary Citizenship with new conditions attached.

Casa is right. It will cost you an additional fee ( Â£475+) for FLR.

Had you come shortly after your visa was issued, there would be no need for you to have paid for FLR for reasons explained above. Once you have completed your 2 yrs then you will have to apply for ILR ( which will cost you another Â£840 )

You will not get a visa extension to your existing one like one of the other poster has stated whilst you are abroad.

Applying to settle here if you delayed your entry to the UK

If you were given permission to enter the UK as a husband, wife, civil partner or unmarried/same-sex partner but you then delayed your travel to the UK by up to three months, you can apply to live here permanently using application form SET(M) shortly before your permission to enter ends. As long as you meet the other requirements of the rules, we will put your application on hold until you have completed your two-year qualifying period in the UK.

If you were given permission to enter the UK as a husband, wife, civil partner or unmarried/same-sex partner but you then delayed your travel to the UK by more than three months, you will need to apply using application form FLR(M) for a further probationary period of two years. If we give you a further probationary period and you meet all the other requirements of the settlement rules (including the Knowledge of Life test), you will be able to apply for settlement as soon as you have completed a total of two years' probation (adding together your time spent in the UK under your initial permission to enter as a husband, wife, civil partner or unmarried/same-sex partner, and the necessary number of months from your second probationary period).

UKGuyLondon · Post by **UKGuyLondon** » Mon Apr 19, 2010 6:36 am

Hi,

I'm somewhat in the same predicament as you.

What you can do is that if you have been married for over 4 years and living together outside of the UK during that time then you can apply for ILR provided that you pass the KOL test once you get to the UK.

After the above, you will be eligible to stay in the UK and can apply for Citizenship after 3 years.

If you have been married for less than 4 years then your options are as BatleyKhan has already stated above.

Xain · Post by **Xain** » Mon Apr 19, 2010 7:39 am

Thank You All for your replies,

We've been married for just over 3 years, so the 4 yr ILR option is out.

What would have been the case if we had migrated to the UK immediately after the visa grant, but returned shortly after ? (without continuing to live there)

Would i be in the same position i am in now ?

I'm not speaking hypothetically, my sister is in a similar position right now, maybe they can benefit from my misfortune.

Post by **batleykhan** » Mon Apr 19, 2010 8:24 am

What would have been the case if we had migrated to the UK immediately after the visa grant, but returned shortly after ? (without continuing to live there)

You had obtained a settlement visa for the UK with the intention to live here in the UK. If you have no intention of living here and do what you say above, then there is a possibility that you could be refused entry back into the UK on arrival after spending such a long time.

If you were allowed back in the UK, you would still have to apply for FLR in order to complete your two years before you get ILR. If by any chance you went abroad in this time, you are almost certainly likely to be refused as you have no intention of making UK your home

Xain · Post by **Xain** » Mon Apr 19, 2010 8:54 am

batleykhan wrote:If you have no intention of living here and do what you say above, then there is a possibility that you could be refused entry back into the UK on arrival after spending such a long time

The intention was always genuine, and we do eventually want to move once our matters are sorted out (God only knows when), just couldn't have avoided life's twists and turns.

As far as my sister is concerned, she is pregnant, and according to our customs, has to deliver in her husbands home town (not UK). Hence my reason for asking - if she migrates to UK now, and then leaves to deliver and for some reason she is pressured into staying back by her in-laws, would she also be refused a future application once the current one expires ?

Does living for 2-3 months count as anything ?

I apologies if my reasoning is confusing, but if i go into details of our family issues, it would be like the Indian version of The Bold and the Beautiful.

Post by **batleykhan** » Mon Apr 19, 2010 9:31 am

As for your sisters problem, she is allowed to be absent say for 2-3 months within the first two years after arriving in the UK ( for matters that you have explained above) but if you leave it for much longer, it increase's the chance that you will have to apply for FLR ( and pay extra money)before you apply for ILR

The chances of her being refused entry back into the UK for matters such as above are pretty slim..... but it remain a possibility and option for the IO.

To obtain indefinite leave to remain (ILR) you have to show that you have spend most of the first two years after your settlement visa is issued in the UK ( a limited time is allowed for you to leave the UK for holidays, visit relatives etc)

If you can do above , then there is no problem. After you have obtained ILR the time you can be abroad for a longer time and when you get your British passport, you can stay abroad for as long as you want.

Here is the HO guidance on this matter

4.5. Absences from UK during probationary period
There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules.

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Unused Settlement Visa

Unused Settlement Visa