Receive the visa while in the UK

[samira_uk]

Hi,

My friend applied for spouse settlement visa and received it recently. he had a visitor visa and so after submitting the application he travelled to the UK to stay with his friends. Someone else submitted his passport when the decision was made and then brought it back for him.

Now, does he have to exit the UK and come back in order the visa becomes activated? In his situation when does the 5 years period start?

Thanks

[CR001]

The 5 years will start from date of entry to the UK on the spouse visa.

How did someone else submit his passport when he was in the UK presumably having entered with his passport as a visitor? HO will obviously realise and have record that he was in the UK at the time his spouse visa was stamped.

[Casa]

I also believe he's now in a very sticky situation as the entry triggers the validity for the Biometric appointment which must be attended within 10 days of recorded entry into the UK. There obviously won't be any such record.

[samira_uk]

thank you for your reply.

VAC Istanbul returns your passport on the day of application just for settlement routes and then lets someone else to submit it whenever the decision is made. Embassy was aware of the situation and they could have easily seen her previous visitor visa. even the old visa is not crossed.

What do you mean by biometric appointment? The visa is issued for the whole period of stay.

[Casa]

Mandatory Biometric Permits (BRPs) are now issued in the UK. I'm assuming your friend has been issued an initial 2.5 year spouse visa? It's worthless without the BRP.

[samira_uk]

Yes she now has a 33 months visa. I guess the new rules were not in force when she applied for the visa as she did not receive any accompanying letter about how to collect the BRP.

I read somewhere that the new rules started to roll out from end of July 2015 whereas my friend applied in June 2015.