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visa validity

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Jeri
Newly Registered
Posts: 25
Joined: Thu Mar 25, 2004 12:08 pm

visa validity

Post by Jeri » Tue Jul 20, 2004 2:24 am

Hello!

My spouse visa is valid from July04-06. Thanks for all the help. My question...How long am i allowed to stay in my home country before going back to UK? I need to stay here longer due to my dads condition, I have medical records to show. What will be the effect on my status?

Thanks,
Ge

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

Post by tdabash » Fri Jul 23, 2004 10:42 am

In response to your PM to me, Please see your immigrationboard inbox
Thank you

man1976
Newbie
Posts: 35
Joined: Tue May 27, 2003 2:01 am
Location: UK

Post by man1976 » Mon Nov 01, 2004 9:44 pm

Hi,
can you help me by answering this question, when u applied for ur wifes visa, what time do u get
is it till ur workpermit or is it 6 months and than when she came to uk she got a visa till ur work permit expiry date
hope someone will help

MWazir
Diamond Member
Posts: 1160
Joined: Wed Aug 25, 2004 5:41 pm
Location: London

Re: visa validity

Post by MWazir » Tue Nov 02, 2004 8:08 am

Jeri wrote:Hello!

My spouse visa is valid from July04-06. Thanks for all the help. My question...How long am i allowed to stay in my home country before going back to UK? I need to stay here longer due to my dads condition, I have medical records to show. What will be the effect on my status?

Thanks,
Ge
You did not specify on what visa your partner is in this country? Presumably it is student, work permit holder or HSMP?

If you are in this country on a dependent visa and need to go back it should not be a problem and should not effect your status. As long as your partner is the UK and on a valid visa, you will be allowed to join your partner at your convinience.
For the sake of argument if you are still in your home country and your visa gets expired then you will need to go to the high commission and get another EC based on your partners visa.
If your partner is eligible for ILR in due course of time and you are in the UK at that time, you will get ILR too and if you are in your home country, you can apply for a 2 year spouse settlement visa.

Your status as a dependent remains uneffected.

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

Post by Kayalami » Tue Nov 02, 2004 4:51 pm

I believe the OP is a citizen/ national of the Phillippines who is the spouse of a British Citizen present and settled in the UK with a spouse visa obtained at the British High Commission in Manila. I also recall if memory serves me correctly issues of marital difficulties post entry as the said spouse.

You are entitled to enter the UK during the validity of your 2 year spouse visa subject to satisfying the Immigration Officer at the Port of Entry that you continue to meet the conditions/ rules pertaining to the grant of the spousal visa. Usually the IO takes the spouse visa as prima facie evidence that you meet said conditions but he/she can ask you any question to determine that this holds true and you have a duty under the Immigration Acts to answer truthfully. I also recall that IO's have resumed the stamping of passports in conjunction with the landing card at entry for those on limited leave to remain in the UK such that there is a definitive audit trail of your presence in the UK.

The challenge for the OP will be at application for ILR because there is a requirement to have met a physical residence time in the UK - note that you are not expected to be in the UK throughout the probation period but have to justify/ explain such absences especially of a long term consecutive nature (3 months+) and likewise details supporting the continued subsistence of your marriage throughout this period. Taking care of close relatives due to medical issues would nominally fall for compassionate consideration under the rules in satisfying the Home Office of the absences but if the marriage is not subsisting then this is moot - perhaps the OP can respond on this as appropriate.

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