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Entry clearance for spouse.

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Marriage | Unmarried Partners | Fiancé | Ancestry

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britel
Newly Registered
Posts: 3
Joined: Mon Mar 29, 2004 2:31 am
Location: Japan

Entry clearance for spouse.

Post by britel » Fri Apr 02, 2004 5:05 pm

Hi,
I am a british citizen living in Japan now with my son(british) and my japanese wife with permanent residency.
we are returning to live in England after 7 years.
when I inquired what she needs to do, we have been told that she needs
An Entry clearance.
I have read on the IND website that if you and your spouse have been living for 4 years or more outside the UK you will allowed to enter the Uk for an indefinite period.
My question is : Does she still need to apply for an entry clearance ?
Can anyone shed some light on this?
Thank you in advance.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Fri Apr 02, 2004 5:35 pm

My question is : Does she still need to apply for an entry clearance ?
Yes. Entry Clearance is mandatory in such cases and is beneficial as your wife will have indefinite leave to enter the UK status from arrival in the UK. You need to ensure your wife meets the immigration rules for entry in this capacity which includes submitting documentation showing proof of:

1. relationship and age - marriage certificate and birth certificates for you and your wife to make sure you are both over 18.
2. Evidence that you are present and settled in the UK - your move back to the UK will be intepreted as taking care the presence part and your British Passport will be definitive proof of your British Citizenship and thus Right of Abode in the UK.
3. ability to maintain and accomodate yourself without recourse to public funds - bank statements, tenancy agreements, mortgage deeds, job offers etc. Your wife's employability in the UK will be also considered based on her educational skills and work experience. IMHO this is where the Entry Clearance (Visa) Officer will concentrate his/her attention particularly due to your long absence from the UK - unless you have won the Japanese equivalent of the national lotto and are bringing the loot back home :lol: .
4. Documentation showing the subsistence of your marriage overseas for a period of at least 4 years - ahh I should have kept those joint bank statements and utility bills I hear you say.

You need to fill out Form VAF 2 - settlement and submit it at the British Embassy in Tokyo with the accompanying 'hefty' fee of around 300 quid, documents and photos. Your wife will get called for an interview - the ECO may or may not accept you to accompany her although I believe they won't because your relationship has subsisted for a long time. Her visa should be a mere formality if your finances are o.k.

Hope it goes well.

britel
Newly Registered
Posts: 3
Joined: Mon Mar 29, 2004 2:31 am
Location: Japan

Entry Clearance for spouse

Post by britel » Fri Apr 02, 2004 6:13 pm

Thanks for your informative reply KAYALAMI.

Do we have to prove that we have an accomodation ?
and what kind of evidece are there to prove settlement in the UK?

Thanks a million .

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Re: Entry clearance for spouse.

Post by tdabash » Sun Apr 04, 2004 10:18 pm

Hi there,

I further noted that your wife is Japanese with permanent residency in the UK .Your son is 7 years old and British as well.

If your wife has got permanent residency in the Uk then she would be classified as a returning resident.

Because she stayed more than two years outside the UK, she would need entry clearance.

The form she needs to fill is VAF1.

I can tell you that the entry clearance officer stands no chance against you. You and your son who is 7 are British returning home. No power on this earth would prevent you from doing so and it would be a silly mistake if they said no to a mother of 7 years old British child

She would of course state in her application that your son who is only seven is traveling with both of you.

The address issue is not a big deal. I am sure when you are returning, there should be some arrangement from an old friend or a family member until you know where you and your family would stay.

You can contact this family member or friend to send you an authorisation to stay with him until you find your own place. this paper would cost him £5 to £7 pounds to sign in front of a solicitor. He would then send this paper to you.

Alternatively, you may contact estate agency to hire an accommodation for you, then send you the contract. you would in turn present this contract to the ECO.

Good luck
Last edited by tdabash on Tue Apr 06, 2004 12:44 am, edited 1 time in total.

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Re: Entry clearance for spouse.

Post by tdabash » Sun Apr 04, 2004 11:17 pm

HI THERE,

IF YOUR WIFE IS NOT A PERMANENT RESIDENT IN THE UK AND IT IS YOU WHO ARE BRITISH WITH PERMANENT RESIDENCY IN JAPAN,

PLEASE REFER TO KAY ALAMI'S ADVICE.

THE ADDRESS ISSUE ABOVE IS STILL VALID.

GOOD LUCK

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Mon Apr 05, 2004 6:30 pm

Tdabash has pointed out the matter of whether it is you who holds Japanese permanent residency or whether it was your wife who held UK permanent residency - the legal term is Indefinite Leave To Remain status when she last left the UK. I suspect its the former.
Do we have to prove that we have an accomodation ?
Yes you need to show the ECO that you have accomodation and yes your application can be refused on this ground although IMHO it is unlikley as the sole ground. As per tdabash's comments it may be best to contact relatives or friends and ask them to provide written confirmation that they will provide you with accomodation whilst you find your feet. They must provide evidence of right of residence in the form of mortgage deeds or tenancy agreements. Where its the latter a consent letter of your stay from the landlord will be required. They must also submit a utility bill e.g. telephone or a council tax demand. There is less scrutiny of an accomodation offer where its from a relative to another relative. Where the person offering the accomodation is not a British Citizen the ECO will also want details of their UK immigration status so you need to supply a copy of their passport biodata page and the page with their immigration stamp. One thing the ECO may focus on is the size of the house to make sure there is no overcrowding.

I usually recommend people to also combine the above with their own accomodation search e.g via the internet. Type into google 'accomodation in x' where x is the area you are moving to in the UK - I am sure after Japanese property costs the UK will be fairly cheap unless you are intent on Chelsea. Alternatively do the same web search for an estate agency and arrange short term accomodation e.g. 2 months. Get the agency to fax, send or even courier the tenancy agreements. They may be even able to get you short term lease/ guest house type accomodation. Again I think the ECO will be less likely to be concerned about short term accomodation issues if you have substantial funds in your possesion when returning.

If it is your wife who had ILR when you left the UK then she would be deemed to have lost it as she has been outside the UK for more than two years continuously. An application for a returning resident visa will thus be refused and an appeal will just be a waste of time because the appellate authorities will agree with the ECO. The only way she may be successful is if she has spent a longer proportion of her life in the UK than out of it. In any case once the spouse visa is approved she will be given Indefinite Leave To Enter and thus get her PR status back so the matter of a returning resident visa is moot. The spouse visa must be applied for on Form VAF2.
and what kind of evidece are there to prove settlement in the UK?
Settlement means that you have the right to enter, live and work in the UK without needing permission from the immigration authorities. Your status as a British Citizen is proof that you are settled. Note that the Immigration Officer at a Port of Entry when checking your passports is making sure that you are entitled to be admitted on a settlement basis and that no further inspection is required.

As a side issue you may wish to consider obtaining Japanese citizenship to facilitate your future travel into Japan or even residence as the case may be. As you note from the UK's 2yr returning resident criteria permanent residency can be lost when you are away from the issuing country for a long time.

You may wish to review my earlier posts to tdabash and Ge on this forum to get a further insight into the accomodation, maintanance and associated issues for family immigration.
Last edited by Kayalami on Mon Apr 05, 2004 6:44 pm, edited 2 times in total.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Mon Apr 05, 2004 6:41 pm

britel - I intend to delete your second post on the subject just to keep everything in one place. I appreciate you posted it before I moved your intial post from the general forum to the family forum. Is this ok with you? I am also surprised to hear you can't call the embassy in Tokyo - what happened to Japanese technology 8) .

britel
Newly Registered
Posts: 3
Joined: Mon Mar 29, 2004 2:31 am
Location: Japan

Entry clearance for spouse

Post by britel » Tue Apr 06, 2004 5:29 am

Thank you all for keeping me posted.
Kalami It make sense to move all my initial post to the family forum .after all this is where I should have posted my queries in the first place. My apology.
about contacting the Embassy here in Japan, it done only by mail, fax or email. if you call the Embassy a Japanese receptionist will answer and she will keep repeating '' I am sorry you have to fax or email''
Probably the Embassy now has more on there plates than they did a year ago .

I am british with residency status in Japan, and my wife has a permanent residency status in the UK. she has lived in the UK for 22 years. my wife, my child and I came to Japan all together 7 years ago.
Cheers all.
britel

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Re: Entry clearance for spouse

Post by tdabash » Tue Apr 06, 2004 11:07 am

Hi there,

Now the picture is clear, your wife was a permanent residence in the UK for 22 years. You came to Japan with your child 7 years ago.

KAY ALAMI IS BRILLIANT. I GATHER SHE IS AN IMMIGRATION LAWYER.

Although I am a professional , I am not up to her experience in immigration issues

Immigration rules 18-20 apply to returning residents. Rule 19 may well apply to your wife.

Rule 19 ‘A person who does not benefit from the preceding paragraph by reason only of having been away from the United Kingdom too long may nevertheless be admitted as a returning resident if, for example, he has lived here for most of his life.’

Please refer to the following link to see if a 'returning resident' is applicable to your wife

http://www.ukvisas.gov.uk/servlet/Front ... 6679107826

That is Paragraph 20.4, Chapter 20 of Diplomatic Service Procedures (DSPs), Entry clearance, Volume 1. It is the Bible of the ECOs

Please start sorting out the accommodation issue as you will need UK address. PLEASE REFER TO KAY’S ADVICE.

GOOD LUCK

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