Author Topic: Help! Settlement visa applicatio  (Read 8135 times)

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Offline Philip

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Hi guys,
Hi guys,
I have just been to Guangzhou to apply for a family visit visa for my wife to visit the UK in July. The woman was very helpful, I brought all the documents, (original, translated and photocopied) that were required plus lots more. We got through in about two hours and it cost 835 yuan. Hopefully, the visa will be ready in about 15 working days. Then my wife can go to the French consulate with a few documents and get her Schengen visa for no money the day after she submits the application. (It's enough for the Schengen that my wife is married to an EEC citizen. They don't want to give her the 3rd degree about her husband's finances)
When my wife visits England, she will get an idea if she would like to live there. If she does, we plan to move there after my current work contract finishes next July. My question refers to when is the earliest I can apply for a settlement visa. Ideally, I would like to apply while I am still in Hong Kong, say in August. I do not think it will be difficult to find a teaching job in England next July, but would I be able to apply while in Hong Kong, or do I need to wait until I get home. I want to spend as little time away from my wife as possible. We have lived together for most of the time I have been here, but will that cut any ice with the UK immigration? Any advice gratefully received.

Offline Hajo

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Hi Phillip,

Try to look a little closer to the Metock case. It might help you. Just Google for "Metock case".

Let me know, if you have more questions.

Best regards,
Hajo
爱你的人如果没有按你所希望的方式来爱你,那并不代表他们没有全心全意地爱你。
Just because someone doesn't love you the way you want them to, doesn't mean they don't love you with all they have.

Offline Irishman

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Philip, I assume you know that GB is not one of the Schengen areas?
You wife will need a GB visa, a Schengen one will not be worth the paper its printed on at the UK border.
Become the change you want today, or all your tomorrows will be like yesterday.

Offline mickw

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Philip
You may recall our phone chat last year re UK visas and certs of no impediment at the time.

How long do you plan to have your wife here as a visitor here in the UK ? My wife was granted up to 6 months when she came to the UK,so i assume yours will have the same .

 Lin Fang is in the waiting process of her taking the english test which is on the 19th of May in Guangzhou ,any spouse of a UK national now needs to hold this english test certificate before they can even apply for the spousal visa .The cost of this test alone is circa £200 plus the cost english lessons should your wife require them .Im not sure what level they are expected to attain to pass the test ,Lin Fang has a book published by the UK border force which gives a good insight into the test which should help her ,it contains all the relevant sections of the type of questions which may be asked.

I think im right in stating the cost of a spouse visa is circa £800 give or take a few quid depending on the exchange rate ruling at the time of application ,and is granted for 2 years. After the 2 years she may apply for ILR  in the UK after taking another test involving knowledge of english life and language etc.

The ILR (indefinate leave to remain ) visa im led to beleive , can cost  a further £900  to £1000 , from friends of mine who have secured the ILR visa for their wives during the past couple of years . This figure of the cost of the ILR settlement is conveniently not mentioned in any of the help notes on the UK border agency visa help site,so beware any of you UK guys its a big  on cost to find some 2 years hence when your wife applies for the  full ILR settlement visa.

Cheers

Mike




Below is attached details of the english test from the UK border agency site;-

New English language requirement for visa applicants coming to join partners in the UK
From  29 November 2010, any non-European migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English, which allows them to cope with everyday life in the UK, by taking an English language test with one of our approved test providers.

You will need to meet the requirement if you are a national of a country outside the European Economic Area and Switzerland; and 
you are in a relationship with a British citizen or a person settled here; and
you want to apply to enter or remain in the UK as their husband, wife, civil partner, fiance(e), proposed civil partner, unmarried partner or same-sex partner
Anyone wishing to come to the UK as a partner will needs to demonstrate basic English at A1 level, the same level required for skilled workers admitted under Tier 2 of the points-based system.

They will need to provide evidence with their visa application that they have passed an English language test with one of our approved test providers.


Under the current rules, people applying for visas as partners must already meet a range of criteria before being allowed to enter the UK. All applicants must show that their marriage or partnership is genuine, and that they can support themselves financially.

The non-UK partner must apply for a settlement visa to come and live in the UK as a husband, wife, civil partner, unmarried partner or same-sex partner. When they have been in the UK for two years, and have passed the Knowledge of Language and Life in the UK test, they can apply to the UK Border Agency for permission to remain in the UK indefinitely (indefinite leave to remain).


Offline Philip

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Thanks Mick, Hajo and Irish.
Mick, that information is very useful. Please let me know how Lin Fang goes with her English test and the kinds of questions she gets asked. Good luck with that. I am expecting the costs you mentioned. My wife’s English has improved a lot since last year, from next to nothing, to decent conversational English. We use the translator much less than we did before. She studies English every day using books and accompanying CDs, and checks what she has learnt with me. Even though we communicate very well, I am not sure how she would be in a high-pressure interview situation, certainly at the moment, but she may be better in a few months’ time.
Hajo and Irish, the Schengen situation is certainly a different kettle of fish from the UK situation. My father is French, and I have been looking into registering my French nationality for some time, to get a French passport. France is an option for living and working, and the Schengen route seems to have fewer hoops to jump through.
I would still like to know if it is worth applying for the UK visa while I am in Hong Kong.
Maybe I should start teaching my wife French! So many decisions.
 :-\

Offline Hajo

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Philip,

As I posted the info concerning Metock, I thought of going via France. I remembered to have rad, that you have a house there. Maybe you have read my story here somwhere. To make it short, I am German living in Denmark. I used the EU-rules which are an outcome of the Metock case. The visa to Denmark was no problem. In Denmark we applied for the residential visa. It took some time for the people to work our case, because there where many students form other EU-countries at the same time.

But when it was our turn, we have been called in to a short interview. They asked me why we wanted to stay in Denmark and not in China. And another few questions. All they wanted, is to make sure that it wasn't a fake marriage. Two weeks later my wife had a 5 years resident permit. The next permit will be permanent.

I am not sure if the french want you to have a job before you can apply for your wifes visa. It's all about Family reunion of an EU-citizen.

If you need to know more about the french way, Sylvain might have some advice. Good luck with it!
爱你的人如果没有按你所希望的方式来爱你,那并不代表他们没有全心全意地爱你。
Just because someone doesn't love you the way you want them to, doesn't mean they don't love you with all they have.

Offline Philip

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Thanks Hajo. Looking at the UK form it seems that it is possible to apply from abroad as long as our intention is to move to the UK to live there permanently. On the plus side, we can show that we have already lived together for some months. On the minus side, I will not be able to show I have a job and home to go to in the UK. So maybe I need to apply for a UK job as soon as possible and apply in the new year.
The beautiful French house will have to wait a little longer.

Offline mickw

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Ok Philip i'll keep you all updated on the english test Lin Fang is taking ,and concerning your wifes english ability,When Lin Fang was here in the UK her english came on in leaps and bounds as she was in contact with english speakers 95% and only really used chinese when she called back home ,or spoke to other chinese people in our town. Of course when they return back to China they have a reverse situation ,,,,only really use english to speak to us over the phone.and in the course of learning it

Incidentally Lin Fang met a chinese lady while she was here who took her to a scripture based english learning class ,which ran every day sometimes morning and sometimes in the afternoon ,all free , where she met other chinese people who were learning english ,as well as several other nationalities doing the same thing .this helped her fill her day and make friends ,shes still emails the tutors there ,who were mostly retired , and im sure she will continue to go there when she returns here.

Cheers

Mick

Offline mickw

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Hi Philip
Just an update on the UK English test ,Lin Fang went to Guangzhou on the Monday prior to the 19 th of May English Test  day apparently to attend the test centre for some insight and learning about the test.
Prior to this , she acquired a book along with some CD’s from the office who run the test on behalf of the UK border force . We spent many a happy hour on QQ with her sending me files from the CD’s which ironically are orated by Americans ,obviously with an American accent, (what a good idea when the sitters of the English test are coming to the UK ....NOT ) ,and her asking me the difference in meaning of the likes of choose and chose ,which i gave her examples of the use of each word in a sentence ,and explaining the use of  the past and present  and future tenses .
Anyhow she passed the test without problems ,before the test she met  a couple of ladies ,via the test centre ,who were applying for a visa to join their respective Chinese husbands who are working in the UK ,and one of them threw in the towel after only  2 days at the centre ,apparently she found it too difficult ,so maybe a word of warning for all the prospective UK visa applicants whose wives are sitting the English test ,make sure your wives have a reasonably good  grasp of written and oral English ,and save wasting £200 quid should she fail ,and have to re sit the test  ,Lin Fang said out of 30 odd applicants ,only 19 were successful .
The assessor of the test was a  Chinese lady and ironically  lived in Leeds  in the UK ,and with this particular test centre the cert was sent from Leeds back to China ,rather illogical i think ,and has just arrived today with Lin Fang some 7 + weeks after taking the said test , So now were in a position to make the spouse visa application .
Cheers

Mike

Offline Kiwi303

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Hadn't read this earlier as it's in the UK section, but it was in my unread threads list and I was bored...

Reading back to the April 30 post... it mentions level A1... that would be the base level on the Common European Framework.


Common European Framework

Basic Speaker


A1 Can understand and use familiar everyday expressions and very basic phrases aimed at the satisfaction of needs of a concrete type. Can introduce him/herself and others and can ask and answer questions about personal details such as where he/she lives, people he/she knows and things he/she has. Can interact in a simple way provided the other person talks slowly and clearly and is prepared to help.

A2 Can understand sentences and frequently used expressions related to areas of most immediate relevance (e.g. very basic personal and family information, shopping, local geography, employment). Can communicate in simple and routine tasks requiring a simple and direct exchange of information on familiar and routine matters. Can describe in simple terms aspects of his/her background, immediate environment and matters in areas of immediate need.


Independent Speaker

B1 Can understand the main points of clear standard input on familiar matters regularly encountered in work, school, leisure, etc. Can deal with most situations likely to arise whilst travelling in an area where the language is spoken. Can produce simple connected text on topics which are familiar or of personal interest. Can describe experiences and events, dreams, hopes & ambitions and briefly give reasons and explanations for opinions and plans.

B2 Can understand the main ideas of complex text on both concrete and abstract topics, including technical discussions in his/her field of specialisation. Can interact with a degree of fluency and spontaneity that makes regular interaction with native speakers quite possible without strain for either party. Can produce clear, detailed text on a wide range of subjects and explain a viewpoint on a topical issue giving the advantages and disadvantages of various options.


Proficient Speaker

C1 Can understand a wide range of demanding, longer texts, and recognise implicit meaning. Can express him/herself fluently and spontaneously without much obvious searching for expressions. Can use language flexibly and effectively for social, academic and professional purposes. Can produce clear, well-structured, detailed text on complex subjects, showing controlled use of organisational patterns, connectors and cohesive devices.

C2 Can understand with ease virtually everything heard or read. Can summarise information from different spoken and written sources, reconstructing arguments and accounts in a coherent presentation. Can express him/herself spontaneously, very fluently and precisely, differentiating finer shades of meaning even in the most complex situations.

Offline Philip

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Hi Mick,
congratulations to your wife  (and you) for passing the test. Hopefully, everything will go smoothly for you with the application. Could you let me know how to get hold of the book and CDs you mentioned, as this would be very helpful for my wife. I imagine she will be going to Guangzhou for her English test as well, so any information about the kind of questions she was asked would be very helpful. My wife's English is improving daily, but I am not sure how far she has to go before she is ready for the test.
Thanks

Offline Willy The Londoner

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My experience with this is what my friend went through in 2005. Not sure if things have changed since then. But their experience went through 2004 - 2007.

He married a Nigerian girl.  They lived in Nigeria from marriage in Sept 2004 until December 2004. During that time they had interview at consulate in Lagos. He was 58 she was 26! (But it is still working out)

After interview she received a visa for 2 years for living in UK at no public expense. She received NI number ok so could work. 

After two years they applied for her citizenshipship and had to go to Sheffield for an interview. They passed that and then she had to go to local council where about 20 new citizens where sworn in at a ceremony.

 All in all it took just over three and a half years from time of first application in Lagos to getting citizen ship in UK and getting UK passport.

I would not think of applying for this until you are into the last few months of your contract because the visa time starts from the the day it is issued.

Willy