September Priority & Non-Priority Visas

Wow Rachel, that was good luck! Congratulations!!!


It is a very sensible plan to pick up the BRP now, then return later when you are ready however as your husband is not already in the UK, he will have to travel with you on your BRP trip.
It would be ok if he were there already or if you travel together but the applicant can not arrive into the UK before the sponsor.

Really?!  I didn't see that info anywhere! That really throws a wrench in things for us... I have days off work but he doesn't... Where can I find that info?  Again the forums save me from disaster...

Congratulations on getting your visa RachelSandwich .

That is frustrating that they issued it from now - they aren't supposed to do that, but maybe they are just getting through the applications as quickly as they can and it just got missed.

Really?!  I didn't see that info anywhere! That really throws a wrench in things for us... I have days off work but he doesn't... Where can I find that info?  Again the forums save me from disaster...

The requirements for qualifying for the visa and being admitted to the UK are that your sponsor is either:
- already present and settled in the UK when you arrive
or
- is being admitted into the UK on the same occasion as you

That means he either has to be already there so you can JOIN him, or travelling with you into the UK on the same flight.

When you arrive at the border you will be asked where your husband is now - if he is not standing next to you, or is not in the UK waiting for you, you won't be allowed in.

Paragraph 281 of the immigration rules states that in order to be granted entry clearance:

Spouses or civil partners of persons present and settled in the United Kingdom or being admitted on the same occasion for settlement

Requirements for leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement

    281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:
        (i) (a)(i) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

If you cannot travel together, you may just have to make a complaint to UKVI that they made an error with the start date and send your passport back to get it corrected, so you can travel in December instead.

Thank you!  We can travel together, it's just time and money, and we already spent a lot of both on this project.  So We're thinking that both of us will fly together on Sunday, arrive together, and then he will leave on Tuesday and I'll leave on Wednesday (or Tuesday, if I can get the BRP in time AND change my flight to Tuesday).
Do you think that would work?

Really?!  I didn't see that info anywhere! That really throws a wrench in things for us... I have days off work but he doesn't... Where can I find that info?  Again the forums save me from disaster...

It took me a while to find the relevant portion of the immigration rules and meantime ksand has explained it perfectly but here is the link!   https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members#pt8spouses

It took me a while to find the relevant portion of the immigration rules and meantime ksand has explained it perfectly but here is the link!   https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members#pt8spouses

Thank you Larrabee!  You are such a hero.  Can you advise on whether we can fly there together, fly back to the USA together, and then fly back (once again!) to the UK together in December?

I'm really petrified at trying to get the Passport-visa changed... I feel like now that I am so close to my BRP I should do everything I can to get it in my hands....

Can you advise on whether we can fly there together, fly back to the USA together, and then fly back (once again!) to the UK together in December?

Just answered your question on your other thread, but yes, that's perfectly fine.

The only entry that's important is the FIRST one on your visa, where they will determine if you still meet the requirements to be admitted on your visa. For that trip, you must be travelling with him into the UK or arriving after him, because that is one of the requirements you need to meet to be admitted as a spouse the first time.

After that (and once you have the BRP), you can travel together or separately to and from the UK whenever you like.

Thank you Larrabee!  You are such a hero.  Can you advise on whether we can fly there together, fly back to the USA together, and then fly back (once again!) to the UK together in December?

I'm really petrified at trying to get the Passport-visa changed... I feel like now that I am so close to my BRP I should do everything I can to get it in my hands....

Thanks Rachel!   

I agree, unless/until UKVI publish clear instructions on exactly how to change the vignette and it is seen to be working smoothly in practice, I would avoid having to do so at all costs.

Once you have your BRP, you can travel independently from husband. The rule applies to the initial entry clearance.

Also, by entering in October, you start your 5-year count to ILR 2 months earlier, which means you can apply for your FLR(M) visa in March 2019 instead of May 2019, and your ILR in October 2021 instead of December 2021.

I agree, unless/until UKVI publish clear instructions on exactly how to change the vignette and it is seen to be working smoothly in practice, I would avoid having to do so at all costs.

I would also avoid it if you can.

Having said that, changing the vignette because you can't travel in the time you requested and getting the visa corrected because they didn't honour the travel date are two different things.

Since UKVI issued it incorrectly and didn't honour the travel date you requested, that's their error, so you should be able to just make a complaint and send it back to Sheffield to get it corrected free of charge (other than paying the shipping)

However, if it was issued for your intended travel date or your intended travel date had passed when it was issued, but you still cannot travel within those dates, then that's your problem, not theirs, so you will need to apply for a vignette transfer, which costs over £200 (and is really confusing to do).

Also, by entering in October, you start your 5-year count to ILR 2 months earlier, which means you can apply for your FLR(M) visa in March 2019 instead of May 2019, and your ILR in October 2021 instead of December 2021.

I have a question about this too, Is there a way to see how many months I have towards my ILR? I ask because I was on a Tier2 sponsored visa from June 26 2013 to October 14 2014.  I think that time also counts, but how do I confirm that?

I was also on a student visa and a Post Study Working Visa, but I don't think either of those count towards my count to ILR.

Does this change anything?  I know I'm getting really far down the line, you all are just so amazingly helpful.

I have a question about this too, Is there a way to see how many months I have towards my ILR? I ask because I was on a Tier2 sponsored visa from June 26 2013 to October 14 2014.  I think that time also counts, but how do I confirm that?

No, unfortunately, that time does not count. You have to spend 60 continuous months on the same visa type to qualify for ILR.

So, if you switch from a Tier 2 visa to a spousal/FLR(M) visa, your 5-year count starts from scratch again, even if you are still in the UK.

Since your Tier 2 visa finished on October 14 2014, your 5-year count to ILR stopped then too, so even if you came back on another Tier 2 now, in 2016, you would still have to start the 5 years again.

So, for your spousal visa, your 5 years will start on the day you enter the UK and you will qualify for ILR on that date in 2021.

Some examples:

To get ILR based on your Tier 2 visa
Your 5 years on Tier 2 started = June 26th 2013
ILR qualification based on continuous Tier 2 visa for 5 years = June 26th 2018
Left UK = Oct 14th 2014
5-year ILR count terminated and reset to zero = Oct 14th 2014

If you had switched to FLR(M) on Oct 14th 2014
Your 5 years on Tier 2 started = June 26th 2013
ILR qualification based on continuous Tier 2 visa for 5 years = June 26th 2018
Switched to FLR(M) = Oct 14th 2014
Tier 2 5-year count terminated and reset to zero = Oct 14th 2014
Spousal 5-year count started = Oct 14th 2014
Eventual ILR qualification = Oct 14th 2019

You left the UK on Oct 14th 2014
Your 5 years on Tier 2 started = June 26th 2013
ILR qualification based on continuous Tier 2 visa for 5 years = June 26th 2018
Left = Oct 14th 2014
Tier 2 5-year count terminated and reset to zero = Oct 14th 2014
Re-entered the UK on spousal visa = Oct 23rd 2016
Spousal 5-year ILR count starts = Oct 23rd 2016
Eventual ILR qualification = Oct 23rd 2021

The requirements for qualifying for the visa and being admitted to the UK are that your sponsor is either:
- already present and settled in the UK when you arrive
or
- is being admitted into the UK on the same occasion as you

That means he either has to be already there so you can JOIN him, or travelling with you into the UK on the same flight.

When you arrive at the border you will be asked where your husband is now - if he is not standing next to you, or is not in the UK waiting for you, you won't be allowed in.

Hi Ksand, just would like to get more information from you regarding to this situation.
As me and my partner planned to send out the proposed civil partnership application few weeks ago with priority and hopefully get the visa on end November, he will visit me at mid-november and fly back to the UK together on 1st december (that was our original plan and flight ticket already bought) as we were thinking that would be more easy for us in case the border agent asking some questions regarding to the visa.

  But now due to some documents issue we have to prepare it again and properly won't able to submit the application until end November / December (after my partner back to the UK). Assuming if I send out my application on December, and hopefully get it done on January time. I will travel alone to the UK at that moment, and my partner (my sponsor) will meet me at airport (he is not able to fly back with me this time but he defo will pick me up at airport). Would that be a problem for me to entry the UK when I landed on my own?

thanks,
Steve

As your partner lives in the UK - this is a non-issue for you.

If your partner lived with you and you were moving to the UK together - you couldn't go ahead without your partner.  As long as your partner is already living in the UK OR you are travelling together you are fine.

Absolutely no problem with you arriving on your own - as he lives in the UK already.   

I will travel alone to the UK at that moment, and my partner will meet me at airport (he may not be able to fly back with me this time due to annual leave problem). Would that be a problem for me to entry the UK when I landed on my own?

Yes, as long as your partner is physically in the UK when you land, this is exactly what you are expected to do.

The majority of people will be travelling alone, flying to the UK where their partner will meet them at the airport.

There are only a small number of people who will enter the UK at the same time as their partner - usually when both partners have been living together in the US and are moving back to the UK together.

The only thing you cannot do is enter the UK alone when your partner is NOT already in the UK - so you can enter with them or after them, but you can't enter BEFORE them.

Yes, as long as your partner is physically in the UK when you land, this is exactly what you are expected to do.

The majority of people will be travelling alone, flying to the UK where their partner will meet them at the airport.

There are only a small number of people who will enter the UK at the same time as their partner - usually when both partners have been living together in the US and are moving back to the UK together.

The only thing you cannot do is enter the UK alone when your partner is NOT already in the UK - so you can enter with them or after them, but you can't enter BEFORE them.

Thank you so much for your respond Ksand!