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Topic: Let me make sure I'm understanding this correctly...  (Read 1503 times)

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Let me make sure I'm understanding this correctly...
« on: September 17, 2018, 04:08:25 PM »
So if British DH and I are approved for the visa to move back to the UK from the US together after meeting all their draconian criteria, that's not it?

We have to reapply in a couple of years and meet the draconian criteria for a new visa so I can even stay?

And if we don't meet the criteria, I (the American) will get booted out of the UK? Without my family?

Is that it, or are there even more down the road?  ???
Plans on hold 'cuz Brexit


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Re: Let me make sure I'm understanding this correctly...
« Reply #1 on: September 17, 2018, 04:15:00 PM »
So if British DH and I are approved for the visa to move back to the UK from the US together after meeting all their draconian criteria, that's not it?

We have to reapply in a couple of years and meet the draconian criteria for a new visa so I can even stay?

And if we don't meet the criteria, I (the American) will get booted out of the UK? Without my family?

Is that it, or are there even more down the road?  ???

You have 5 years of this stuff ahead of you. A further leave to remain application at 2.5 years and indefinite leave to remain at 5 years. The estimated projected cost to citizenship is around £10,000.


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Re: Let me make sure I'm understanding this correctly...
« Reply #2 on: September 17, 2018, 04:42:30 PM »
The standard path is:

Spouse visa - Further Leave to Remain FLR(M) - Indefinite Leave to Remain ILR - UK Citizenship

2.5 years - 2.5 years - Indefinite so long as you remain in the UK - Truly indefinite

If, for example, you don't meet the financial requirement for a future visa, you would be placed on a 10 year path to ILR instead of 5, but typically not immediately ejected from the UK by your lonesome.   


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Re: Let me make sure I'm understanding this correctly...
« Reply #3 on: September 17, 2018, 04:44:44 PM »
And if we don't meet the criteria, I (the American) will get booted out of the UK? Without my family?

Is that it, or are there even more down the road?  ???

The visas are:

- spousal visa from the US, valid 2.5 years
- FLR(M) visa from the U.K., valid 2.5 years
- ILR (permanent residence) after 5 years in the U.K.
Then
- UK citizenship after receiving ILR

If you don’t meet the financial requirements for FLR(M) or ILR, you may be put on the 10-year path to ILR instead of being refused and having to leave the UK. You don’t really want to be on the 10-year path though if you can help it, because it means an extra 5 years of visas.


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Re: Let me make sure I'm understanding this correctly...
« Reply #4 on: September 17, 2018, 05:17:13 PM »
You'll be put on the 10 year path IF you have children together who live in the UK.  If you do not have a child together who lives in the UK, you would NOT be put on the 10 year path.

It is crazy.  We had someone who was heavily pregnant refused her extension, as they applied ONE DAY too early.  We don't know what happened with them, as they didn't come back to update us.   :-\\\\  I still wonder what happened with them and their family.  As the baby wasn't "here" yet, she didn't get placed on the 10 year path. 


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Re: Let me make sure I'm understanding this correctly...
« Reply #5 on: September 19, 2018, 10:45:47 PM »
Thank you so much, but no thank you to what your answers are telling me because it's ridiculous. Ugh.  :\\\'(

OK, so it's not like I'd be kicked out, but I'd be put on a slower path. What are the actual downsides to the 10 year path? Would I get granted ILR after the 10 years regardless of our situation? (We have kids.)

(I'm not saying we WON'T meet the requirements, but I'm just trying to piece this all together in my mind.)
Plans on hold 'cuz Brexit


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Re: Let me make sure I'm understanding this correctly...
« Reply #6 on: September 20, 2018, 03:44:42 AM »
Thank you so much, but no thank you to what your answers are telling me because it's ridiculous. Ugh.  :\\\'(

OK, so it's not like I'd be kicked out, but I'd be put on a slower path. What are the actual downsides to the 10 year path? Would I get granted ILR after the 10 years regardless of our situation? (We have kids.)

(I'm not saying we WON'T meet the requirements, but I'm just trying to piece this all together in my mind.)

The down side it that you would have an extra 2 FLR applications and healthcare surcharges to pay for on your way to ILR, but yes, you would still be eligible to apply for ILR after 10 years.
It's far from ideal,. not just because of the cost which would double but every visa application is it's own little nightmare of stress and frustration and any time you can avoid one, it's a good thing!

But keep meeting the requirements and you will stay on the 5 year route.


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Re: Let me make sure I'm understanding this correctly...
« Reply #7 on: September 20, 2018, 09:32:36 AM »
I can literally count on one hand the number of members we've had put on the 10 year path at renewal.  It's always good to know worst case scenario but it is HIGHLY unlikely you would end up on that route.


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Re: Let me make sure I'm understanding this correctly...
« Reply #8 on: September 20, 2018, 10:44:00 AM »
I can literally count on one hand the number of members we've had put on the 10 year path at renewal.  It's always good to know worst case scenario but it is HIGHLY unlikely you would end up on that route.

I agree with what KFdancer says -

You'll be put on the 10 year path IF you have children together who live in the UK.  If you do not have a child together who lives in the UK, you would NOT be put on the 10 year path.

The 10 year route (30 month visa x 4 to ILR) can sometimes go to those with a British child living in the UK,  but it is not a given as it is leave outside of the rules. The conditions for that 10 year route, must be met at every 30 month application and as said, the fee and IHS must also be paid with that application.

If your visa to remain is refused, UKVI then look to see if there is another claim for leave outside of the rules. If there is a British child, they will see if the applicant meets the present requirement to start on the 10 year route and if they do, they issue the first of those 30 month visas. If not, they look at any Human Rights claim the applicant might have and if there isn't one, they refuse the HR claim and then send the refusal. Because of all the abuse, in-country appeals have eneded.

It's how some parents end up on the 10 year route when they just wanted FLR(M) and another 30 months to be able to apply for ILR,  but they didn't send in everything they were meant to and it caused a refusal of FLR(M).
« Last Edit: September 21, 2018, 09:32:21 AM by Sirius »


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