Help with Immigration rule 281 & 282

[alora]

Guys,

I am a US citizen married to a UK citizen, we are living in the US and planning to relocate to the UK sometime in June 2006.

We have been married for 10 years in the USA
We have 4 children and they all have British passports through mother.
I have a decent Job in the US making 110K Per Year
I do not have a job offer in the UK yet but i do business there frequently
I am a Business Systems Analyst.

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Rule:

According to Rule 282, 281(I)(b), If the applicant is married to a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married at least 4 years ago, since which time they have been living together outside the United Kingdom;indefinite leave to enter MAY be granted provided a valid United Kingdom entry clearance for entry in the appropriate capacity is produced to the Immigration Officer on arrival.

Section # 281 & 282 of the UK Immigration Rules:

http://www.ind.homeoffice.gov.uk/ind/en ... art_9.html

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Questions:

1. Does that men I would get the indefinite leave to enter Visa/Stamp here in the USA of at the port of entry?
2. Do i have to remind them about the rule when we go to the embassy and make the application in person at the Chicago office?
3. Would i be given the visa on the same day?
4. We would happen if i decided to travel to the UK alone for business for 2 weeks in November before the family migration date in January. Would my settlement visa be cancelled.
5. What exactly would the Embassy officials in the US need from me/us to get me a permanent stay because we plan to maintain out home in the Dallas Texas?

Thanks

Marcus O.

[John]

Marcus, using your numbering (well actually I edited your post to insert those numbers!) :-

1. It is of course down to the ECO in the British Mission to agree to give you a visa, but if it is granted, yes the visa issued in the States could well be ILR.
2. Yes, very much worth while you reminding the staff there that they have the ability to grant you ILR, given that you and your wife have lived together outside the UK for over four years. The staff do not encounter this on a daily basis and may simply overlook the possibility.
3. In the States you can apply online, and then, following the instructions, submit documents and then await developments. I think that is a very quick procedure, compared to some other countries, but when they call you in for interview it is reasonable for you to expect the visa to be put into your US passport that day, assuming all the requirements are met of course.
4. I think it would simplify matters if you simply applied for the settlement visa after the business trip.
5. I don't think the fact that you are retaining a US home need affect the matter. However you do need to satisfy the financial and accommodation tests in order to get your visa. What are your plans, at least initially, about where you will be staying after the whole family moves to the UK? The ECO will need to be satisfied that such accommodation is adequate, and certainly not overcrowded.

[alora]

Marcus, using your numbering (well actually I edited your post to insert those numbers!) :-

1. It is of course down to the ECO in the British Mission to agree to give you a visa, but if it is granted, yes the visa issued in the States could well be ILR.
2. Yes, very much worth while you reminding the staff there that they have the ability to grant you ILR, given that you and your wife have lived together outside the UK for over four years. The staff do not encounter this on a daily basis and may simply overlook the possibility.
3. In the States you can apply online, and then, following the instructions, submit documents and then await developments. I think that is a very quick procedure, compared to some other countries, but when they call you in for interview it is reasonable for you to expect the visa to be put into your US passport that day, assuming all the requirements are met of course.
4. I think it would simplify matters if you simply applied for the settlement visa after the business trip.
5. I don't think the fact that you are retaining a US home need affect the matter. However you do need to satisfy the financial and accommodation tests in order to get your visa. What are your plans, at least initially, about where you will be staying after the whole family moves to the UK? The ECO will need to be satisfied that such accommodation is adequate, and certainly not overcrowded.

John,

Thanks for the information:


What does ILR mean?
What does ECO mean?

You mentioned "when they call you in for interview "
Would we have to do an interview? Face to Face or Phone

Financial and Accommodation info:
We would be staying with my wife's brother until we get out place
We would have about 10,000 Pounds Cash at our disposal

Word!

[John]

Hi, I used the abbreviation ILR. I should have used ILE instead. Both originate from the part of the Immigration Rules as quoted by you, "indefinite leave to enter or remain". If that is granted in the UK it is ILR ... "indefinite leave to remain" is granted .... if issued outside the UK then it is "indefinite leave to enter". Either way, once you are in the UK you can remain ... indefinitely .... in accordance with the "small print" in the legislation.

ECO? Entry Clearance Officer .... the person actually looking at the application for a visa and making a decision.

You mentioned "when they call you in for interview "

Have you been to the embassy website? I think it is clear from the relevant webpage that :-

Once you have paid and submitted the online application print off the application form and bring it with your passport and the suggested supporting documents on the day of your appointment. Passports and visas will normally be available for pickup the same day.

So an in person interview will be needed.

Have a look at :-

Visas & Entry Clearance

There you will see the link to the e-fastrack facility. Also if you click on "In person applications" you will see the words I have quoted above. You will also see the encouragement to use the e-fastrack facility.

The accommodation? OK, your wife's brother is putting you up. But ensure that he provides the following information :-

• written permission for you all to stay
• if he owns the place and has a mortgage, confirmation that the mortgage payments are up-to-date. Alternatively if he rents the place, confirmation from the landlord or the agent that you all have permission to stay.
• details about the property ... if you all move in, how many people will be living there? How many children aged 1 to 9? How many people aged 10 or more? Also, ignoring any Spam, toilet or bathroom, how many rooms in the place exceed 50 sq feet in size? In other words, prove that the place will not be overcrowded.

Financial matters? OK £10000 cash available. It will do no harm to also state how much you expect to earn in the UK, what sort of work you expect to do, and how difficult you expect it to be to get such work?

[alora]

Hi, I used the abbreviation ILR. I should have used ILE instead. Both originate from the part of the Immigration Rules as quoted by you, "indefinite leave to enter or remain". If that is granted in the UK it is ILR ... "indefinite leave to remain" is granted .... if issued outside the UK then it is "indefinite leave to enter". Either way, once you are in the UK you can remain ... indefinitely .... in accordance with the "small print" in the legislation.

ECO? Entry Clearance Officer .... the person actually looking at the application for a visa and making a decision.

You mentioned "when they call you in for interview "

Have you been to the embassy website? I think it is clear from the relevant webpage that :-

Once you have paid and submitted the online application print off the application form and bring it with your passport and the suggested supporting documents on the day of your appointment. Passports and visas will normally be available for pickup the same day.

So an in person interview will be needed.

Have a look at :-

Visas & Entry Clearance

There you will see the link to the e-fastrack facility. Also if you click on "In person applications" you will see the words I have quoted above. You will also see the encouragement to use the e-fastrack facility.

The accommodation? OK, your wife's brother is putting you up. But ensure that he provides the following information :-

• written permission for you all to stay
• if he owns the place and has a mortgage, confirmation that the mortgage payments are up-to-date. Alternatively if he rents the place, confirmation from the landlord or the agent that you all have permission to stay.
• details about the property ... if you all move in, how many people will be living there? How many children aged 1 to 9? How many people aged 10 or more? Also, ignoring any Spam, toilet or bathroom, how many rooms in the place exceed 50 sq feet in size? In other words, prove that the place will not be overcrowded.

Financial matters? OK £10000 cash available. It will do no harm to also state how much you expect to earn in the UK, what sort of work you expect to do, and how difficult you expect it to be to get such work?

John,

According to the website http://www.britainusa.com/visas/other_s ... her_ID=652, I do not have to apply for a visa in person neither do i need an interview, it can all be done using the E-fastrack & Fedex mail.

Thanks.

Mail applications

Apply using the (E-fastrack) online system and Federal Express. We will return your documents to you using Federal Express overnight delivery, normally within 5 working days. We will update you by e-mail at each stage of the process and inform you of the dispatch date and FedEx tracking number.

Mailing your application:

Inside the USA: Federal Express will not deliver to P.O. Box numbers and a regular mailing address is required for the return of your documents.

[John]

Hi, you need to appreciate that what you are reading is of a generic nature. For some types of visa application that wording may actually be true but for settlement visa application like you will be making it think it would be unusual for an interview not to be required. But if those who applied for their SV in the States got their visa without an interview I shall be delighted to be corrected on this point.

You should not be perturbed by this process. The statistics for the year to 31st March 2005 show that the Chicago consulate granted 580 settlement visas and rejected a mere 7. For the USA as a whole 5902 were granted and just 92 were rejected. It is also probably fair to say that most of the rejected ones related to people who had totally failed to understand the process and had not produced the necessary evidence to show that the tests had been passed.

In your opening post you say that you and your family intend to move to the UK next June. So when do you intend to apply for your settlement visa? About March, or later?

[alora]

Hi, you need to appreciate that what you are reading is of a generic nature. For some types of visa application that wording may actually be true but for settlement visa application like you will be making it think it would be unusual for an interview not to be required. But if those who applied for their SV in the States got their visa without an interview I shall be delighted to be corrected on this point.

You should not be perturbed by this process. The statistics for the year to 31st March 2005 show that the Chicago consulate granted 580 settlement visas and rejected a mere 7. For the USA as a whole 5902 were granted and just 92 were rejected. It is also probably fair to say that most of the rejected ones related to people who had totally failed to understand the process and had not produced the necessary evidence to show that the tests had been passed.

In your opening post you say that you and your family intend to move to the UK next June. So when do you intend to apply for your settlement visa? About March, or later?

Yes, We plan to all go around then.

I plan to apply as soon as I renew my US passport in December.

It is amazing to know that so many people "5k" applied to migrate to the UK. Is that number for the year to date or just till March?

Cheers
M

[John]

Hi, here in the UK most Government Departments work on the the basis of a year to each 31st March. So the figures I mentioned are for the year from 1st April 2004 to 31st March 2005.

But sorry, arithmetical error, for the USA as a whole, in that year 4902 (not 5902) settlement visas were granted and just 85 rejected, a total of 4987 dealt with in the year.

You are surprised the figures are so high. I think that I am surprised that they are so low, given the population of the States. For Thailand for example ... population about 60 million .... 2648 settlement visas granted .... 383 refused ... so applications more than double the USA rates pro rata.

Hope it all works out for you next year. Looking forward to seeing your post telling us that!

[alora]

John,

I decided to apply for my visa early and it was issued in less than one week. The process was very smooth, I did not have to talk to anyone.

The only question I have is what is the difference between:

The "Resident Permit" Visa on the website below which has the folowing information:

Valid Until: INDEFINITE
Type of Permit: Settlement

Residence Permit : Specimen


Versus

The UK "Entry Clearance" i was issued which has the folowing information:

Number of Entries: MULTIPLE
Type: SETTLEMENT HUSBAND

Observ: Indefinite leave to enter the UK

Valid From: 25/11/05 (Date of Issue)
Valid Until: 25/01/12 (Date my US passport expires) ??

Why does my Visa have an expiration date of my passport?

I was wondering why my Visa does not just say Indefinite?

What happenens after my current Visa/Passport expires and I did not opt to apply for UK citizenship? Do i have to apply for another Visa .... $500.00 (+/-)


What is the difference between a UK "Resident Permit" & "Entry Clearance"?

How long can an ILE holder stay out of the UK before they have to reapply.


Some reference information on this page:

http://www.ind.homeoffice.gov.uk/ind/en ... tamps.html


Thanks

Marcus

[John]

Marcus .... many congratulations on getting the ILE!

Ah ... the expiry date on an ILE visa! Confusing or what? You are not the first person to be confused and I am sure you will not be the last! This is way it works :-

The range of dates mentioned on your ILE visa are the dates during which the ILE must first be used to enter the UK using that ILE visa. In other words if, for some strange reason, you fail to enter the UK at all before 25.01.12, then the ILE visa effectively lapses.

However, once you have entered the UK using that ILE visa you really do have ILR ... indefinite leave to remain. If it is still an issue (you might be naturalised as British before 2012?) then expect the visa in your new USA passport valid as from 2012 or thereabouts not to have any limiting dates.

How long can an ILE holder stay out of the UK before they have to reapply.

If you have a continuous period outside the UK of at least two years then you need to apply at a British Mission to be treated as a Returning Resident

[buntosanya]

Alora, it came through easily after all. Congratulations

[alora]

Thanks for those that offered their advise, especially Mr. John.


M