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Settlement Visa - Interview in Cape Town

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Kapie
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Location: Cape Town

Settlement Visa - Interview in Cape Town

Post by Kapie » Fri Mar 12, 2010 6:39 am

Hi

Thank you for having a look at my request. I do apologise if my questions have already been answered previously. I have taken time to have a look at many of the posts but i guess a combination of confusion and not wanting to toss away R 7303.00 has lead me to post here.

Our Situation:

I met my wife in the UK a number of years ago. We are both originally from South Africa. We lived together for 2 years during which time we got engaged and i was granted leave to remain for two years based on her having a British passport. I lived in the UK for almost 5 years. We left the UK and returned to South Africa a year later based on extended family reason. A few months after returning we got married and have now been married for almost six years. We have two children.

We are now at a point where we would like to return to the UK. I have completed the online application form and have booked my interview for Monday morning.

My wife has a letter from her previous employer in the UK stating that they will hire her as a nanny which is what she did for them previously. We both still have NI numbers and have never used public funds in the past. I have a number of potential jobs but none that are at the stage of providing me with an offer or something concrete.

I am part owner of a business in Cape Town and will continue to receive monthly payments from that company as a shareholder. We will also be selling a large chunk of our furniture etc if i get my visa which should raise about R80 000.00. Our house in South Africa will be rented out or sold we are still deciding. My wife gets a small salary from the business i own but we have joint bank accounts and cant prove this on a bank statement, i do however have a letter from our accountants stating what each one of us earns.

Our plan is to go over to the UK and stay with the family who are employing my wife, they have said in the employment letter that we are able to live with them until we get settled. We would like to do this within about a two week period as our children will stay in South Africa with their grandparents until we have found our own accomodation. At that point either both of us or i will fly back to SA to fetch the kids and take them with me to the UK.

I have the following suupporting documents:

Companies Certificate showing my shareholding
Letter from my partner stating that i will receive a monthly salary
6 months bank statements for my business
Letter from our accountants for my wife and i stating current salary
Letter from my wife (sponsor)
My national insurance number letter from way back
Proof of address for my wife and i to confirm same location
Our wedding invite
Loads of photo's
My CV
A notification from SARS of an R 18 000.00 return i will be getting shortly

Certified copies of the following:
Wifes British passport
My passport
My previous leave to remain visa
Childrens birth certificates
My wife's certificate of naturalisation
Marriage certificate


Will this be enough? Does anyone have any suggestions for me?

Thank you

Rozen
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Post by Rozen » Fri Mar 12, 2010 12:16 pm

You seem good to go! Good Luck! :)

Kapie
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Location: Cape Town

Post by Kapie » Fri Mar 19, 2010 9:34 am

An update if anyone is interested.

I went into VFS in Cape Town on Monday 15th March 2010 to hand in my doucments and have biometrics done. I was notified through the application tracker that the British High Commission received my application on Wednesday 17th March 2010. I was then notified this morning that my application was ready for collection at VFS in Cape Town. I picked up the package and was granted Visa Settlement Spouse/CP (KOL REQ).

Thanks for all the great info on this site, much appreciated.

I would like to ask just one more question, does my wife have to travel with me or can she arrive with our kids about 2 weeks after i arrive?

Thanks

Wanderer
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Post by Wanderer » Fri Mar 19, 2010 9:36 am

Kapie wrote:An update if anyone is interested.

I went into VFS in Cape Town on Monday 15th March 2010 to hand in my doucments and have biometrics done. I was notified through the application tracker that the British High Commission received my application on Wednesday 17th March 2010. I was then notified this morning that my application was ready for collection at VFS in Cape Town. I picked up the package and was granted Visa Settlement Spouse/CP (KOL REQ).

Thanks for all the great info on this site, much appreciated.

I would like to ask just one more question, does my wife have to travel with me or can she arrive with our kids about 2 weeks after i arrive?

Thanks
You would have to travel together or AFTER your wife arrives in UK, not before.
An chéad stad eile Stáisiún Uí Chonghaile....

Kapie
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Post by Kapie » Fri Mar 19, 2010 9:55 am

Wanderer

Thanks for the reply, i am really not trying to buck the system but is there no way around this. My wife and kids will def be moving over, if we have to travel together then i will have to wait a little longer for schools etc to finish.

Wanderer
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Ireland

Post by Wanderer » Fri Mar 19, 2010 11:00 am

Kapie wrote:Wanderer

Thanks for the reply, i am really not trying to buck the system but is there no way around this. My wife and kids will def be moving over, if we have to travel together then i will have to wait a little longer for schools etc to finish.
Well you could wing it cos they wouldn't know where your wife was, but if they ask where she is you'll have to say cos they might well check. In which case you could be bounced.

Or you could go on a visit visa but you can't switch from that in country, you'd have to exit and re-enter. Having said that the chances of being granted a visit visa with a British spouse are very remote.
An chéad stad eile Stáisiún Uí Chonghaile....

Kapie
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Post by Kapie » Fri Mar 19, 2010 11:54 am

The confusing thing is that the border agency details the following

‘Settled’ means being allowed to live in the UK lawfully, with no time limit on your stay. 'Present and settled' means that the person concerned is settled in the UK and, at the time we are considering your application under the Immigration Rules, is in the UK or is coming here with you, or to join you and plans to live with you in the UK if your application is successful.

It mentions the or to join you and plans to live with you in the UK. This seems to indicate that they can arrive after me?

Kapie
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Post by Kapie » Mon Mar 22, 2010 10:15 am

Would really appreciate if someone could clarify this for me.

Thanks

mochyn
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Post by mochyn » Mon Mar 22, 2010 10:34 am

So you have both been out of the country for 6 years and now you are saying that she is ''present and settled'' in the UK. She actually has to be in the country to be present and settled.Since she is not in the UK she cannot be present in the UK and to reiterate what has been said you either come together or the British citizen arrives first

Kapie
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Post by Kapie » Mon Mar 22, 2010 10:43 am

Mochyn

Thanks for your response however the definition of present and settled on the UK Border Agency website is the following:

What does 'present and settled' mean?
‘Settled’ means being allowed to live in the UK lawfully, with no time limit on your stay. 'Present and settled' means that the person concerned is settled in the UK and, at the time we are considering your application under the Immigration Rules, is in the UK or is coming here with you, or to join you and plans to live with you in the UK if your application is successful.

Sorry if i am being a little dof but the definition above does seem to indicate that she can join me i.e. or to join you and plans to live with you in the UK if your application is successful.

samil
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What uK visa did you have before leaving?

Post by samil » Wed Mar 24, 2010 6:18 am

Dear Sir,

Did you say you had ILR before going to South Africa?
I so, I am in a similar situation, but in my case my wife had ILR but lost it because we have been away for twelve years.
Now, we want to go back to UK where I have a house and some savings. Myself and the two children have British passports.
Now my wife wants to apply for a settlement visa. Can we do that? neither of us has a job in UK but I have a good chance of getting one.
Do I need to show the bank statement of the country were I am working or it would be better to show our savings in UK?

I would be grateful if you could help me.
Sam

mochyn
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Post by mochyn » Wed Mar 24, 2010 7:28 am

Kapie wrote:Mochyn

Thanks for your response however the definition of present and settled on the UK Border Agency website is the following:

What does 'present and settled' mean?
‘Settled’ means being allowed to live in the UK lawfully, with no time limit on your stay. 'Present and settled' means that the person concerned is settled in the UK and, at the time we are considering your application under the Immigration Rules, is in the UK or is coming here with you, or to join you and plans to live with you in the UK if your application is successful.

Sorry if i am being a little dof but the definition above does seem to indicate that she can join me i.e. or to join you and plans to live with you in the UK if your application is successful.
Kapie if you are trying to say you can enter the UK as your wife is ''present and settled'' but not actually in the UK, I really do not see your logic.
Your visa is dependant on your wife but you are saying that you can come here in advance of your wife although the HO do not state a period of time that you can enter before her.
Given that she been out of the country for 6 years but still present and settled in the UK, how long do you think that you can come in advance of her, 10 years , 25 years? There is no time specified in the definition of ''present and settled''

John
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Post by John » Wed Mar 24, 2010 7:47 am

Samil, roughly how much savings are we talking about?
John

samil
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Post by samil » Wed Mar 24, 2010 10:03 am

Hi John,

We have 45000 pounds, but I do not have a job in UK yet.

John
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Post by John » Wed Mar 24, 2010 11:47 am

With that amount of savings I don't think you will have a problem passing the financial test.
John

Kapie
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Location: Cape Town

Post by Kapie » Wed Mar 24, 2010 11:57 am

Mochyn

I was just trying to figure out if i could arrive two weeks before my wife. When i looked at the definition it did seem imo to give an allowance for that to be acceptable. I spoke with the UK Border Agency this morning and they confirmed that she has to either be in the UK or travel in with me. I was just not able to get a solid answer until this morning and then obviously your response which is in agreement with them. I appreciate the need for the rules etc. As i mentioned i was just hoping to find a way to speed up the process a little.

samil
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Post by samil » Wed Mar 24, 2010 12:47 pm

Thanks John,

Do I need to show a six months bank statement of the country were I am working as well as the savings in UK?
I am thinking of sending a copy of my building society book only.
I have another question I am sending the bio page my British passport only. Is that OK or they prefer to see the original passport?

Many Thanks

daisy81
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Post by daisy81 » Wed Mar 24, 2010 7:08 pm

Hi Kapie - really glad to hear you got your visa! Did it really go through that quickly?
I'm asking as I may have to apply for a similar visa in the future. I am currently living with my British partner in the UK and we are planning to get married later this year. I have been told I need to apply for a settlement visa from outside the UK (as I'm currently on an EU visa and will not be able to change to immigration route). I will therefore have to apply in Cape Town as well. I thought it would be a lenthly process. Both my partner and myself are employed in the UK and we would like to take unpaid leave to the get the visa in South Africa if possible.

Did it really only take about a week from submission to approval?

Thanks very much and enjoy the sun while you can! :D

mochyn
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Post by mochyn » Wed Mar 24, 2010 7:18 pm

daisy81 wrote:Hi Kapie - really glad to hear you got your visa! Did it really go through that quickly?
I'm asking as I may have to apply for a similar visa in the future. I am currently living with my British partner in the UK and we are planning to get married later this year. I have been told I need to apply for a settlement visa from outside the UK (as I'm currently on an EU visa and will not be able to change to immigration route). I will therefore have to apply in Cape Town as well. I thought it would be a lenthly process. Both my partner and myself are employed in the UK and we would like to take unpaid leave to the get the visa in South Africa if possible.

Did it really only take about a week from submission to approval?

Thanks very much and enjoy the sun while you can! :D
Kapie got his visa quickly because of the length of time he has been married ie over 4 years. You should not base your visa issuance based on his experience, it may well not be the same

Kapie
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Post by Kapie » Thu Mar 25, 2010 7:26 am

Daisy

Alongside what Mochyn said, i have also previously had a 2 year working holiday visa then a sponsored work permit then eventually leave to remain on my wife's passport before we were married. The leave to remain before we were married was like 5 years ago but i believe they take it all into account.

In my basic and short experience of the process though i would suggest over kill when it comes to supporting documentation. I believe that as anyone the UKBA want to be able to have all the info and make a decision without having to spend a huge amount of time on each application, so based on this imo if you can satisfy all of their requirements the process should be pretty swift.

daisy81
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Post by daisy81 » Thu Mar 25, 2010 7:42 am

Thanks for your response Kapie. I do understand what you're saying. I have lived in the UK for altogether 9 years now (2 year holiday visa/ plus 2 x 5 year Residence Cards) but would like to get married to my british partner and switch over to a Settlement visa. I am currently dependant on my ex EU spouse which prevents me travelling anywhere.

I have evidence of us living together for 1.5 years and we're both working in the UK at the moment (never claimed benefits etc) and my partner owns the flat we live in and we have some savings so I believe we will be able to provide enough evidence to support my application.

Does anyone know how quickly after getting married you can apply for a settlement visa? I have read there's no time restrictions, you can apply the day, week, month after...up to yourself? Do you guys agree?

mochyn
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Post by mochyn » Thu Mar 25, 2010 7:51 am

You can apply immediately after the ceremony but most people are not thinking of visas on this very special day

daisy81
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Post by daisy81 » Thu Mar 25, 2010 8:21 am

Thanks Mochyn - I was just curious because we're thinking of getting married back home in the summer next year and to apply for my settlement visa after... to make it one trip.

Does anyone know which home address I would have to put on the VAF4A visa application as I would still be live in the UK at the time (just be getting married and applying in abroad). Would they question why I'm using a UK address/ giving UK employers details, while applying abroad?

Thanks again guys!

samil
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Post by samil » Sat Mar 27, 2010 5:59 pm

Hi,

When someone is working overseas. Does he/she need to show a resignation letter with the application?

Thanks

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