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Topic: Spousal Visa, entry under 282c  (Read 608 times)

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Spousal Visa, entry under 282c
« on: July 02, 2008, 05:20:02 AM »
I have my biometrics tomorrow and am submitting everything straight after for my spousal visa. Because my wife and I have been married and living together for 6.5 years in the US, I want to get the Visa under 282c which allows me to take the KOL and apply for IRL straight away. I have aassembled evidence of 4+ years living together, including joint tax returns, mortgages, car loans, and utility bills. I am writing a statement as well requesting the entrance under the 282c rule. Here it is:


Quote
RE: Entry Clearance under 282c

My wife and I have been married and living together for 6.5 years and I am submitting evidence to confirm this. I am requesting that my Entry Clearance be granted under 282c so that I may immediately take the KOL exam and apply for IRL.

Do I need to be any more elaborate in my request?

Thanks
-Brian


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Re: Spousal Visa, entry under 282c
« Reply #1 on: July 02, 2008, 05:36:45 AM »
I think you're good, but it's ILR (Indefinite Leave to Remain), not IRL. ;)
Now a triple citizen!

Student visa 9/06-->Int'l Grad Scheme 1/08-->FLR(M) 7/08-->ILR 6/10-->British citizenship 12/12


Re: Spousal Visa, entry under 282c
« Reply #2 on: July 02, 2008, 09:42:12 AM »
It won't do to use jargon because they might not know what you are talking about.  If you are going to refer to the rules, make a proper reference. 

HC395 paragraph 282(c):  Leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted for settlement on the same occasion.



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Re: Spousal Visa, entry under 282c
« Reply #3 on: July 02, 2008, 02:24:40 PM »
Okay, I've changed it:

Quote
RE: HC395 paragraph 282(c):  Leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted for settlement on the same occasion.

My wife and I have been married and living together for 6.5 years and I am submitting evidence to confirm this. I am requesting that my Entry Clearance be granted under HC395 paragraph 282(c) so that I may immediately take the Knowledge of Life in the UK exam and apply for Indefinite Leave to Remain without having to wait two years.

I am including this because I saw someone else on the forum who had not asked for this specifically, even though they met the criteria and submitted evidence of 4 years of marriage, and they were just given the normal entry clearance.

-Brian


Re: Spousal Visa, entry under 282c
« Reply #4 on: July 02, 2008, 03:02:36 PM »
I am including this because I saw someone else on the forum who had not asked for this specifically, even though they met the criteria and submitted evidence of 4 years of marriage, and they were just given the normal entry clearance.

Being explicit is a smart strategy in these times of constant flux...


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Re: Spousal Visa, entry under 282c
« Reply #5 on: July 02, 2008, 03:38:55 PM »
I have my biometrics tomorrow and am submitting everything straight after for my spousal visa. Because my wife and I have been married and living together for 6.5 years in the US, I want to get the Visa under 282c which allows me to take the KOL and apply for IRL straight away. I have aassembled evidence of 4+ years living together, including joint tax returns, mortgages, car loans, and utility bills. I am writing a statement as well requesting the entrance under the 282c rule. Here it is:


Do I need to be any more elaborate in my request?

Thanks
-Brian


I'm facing the same issue. I'm a bit concerned about quoting regulations because I may make a mistake. Do you think it might be preferable to use lay language? Surely we can't be expected to be immigration experts?


Re: Spousal Visa, entry under 282c
« Reply #6 on: July 02, 2008, 03:54:37 PM »
Yes, you may use lay language. 

The enquiry was about someone who wanted to make a reference to the rules so as to make their intent clear.  If that doesn't work for you, just use your own words.


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Re: Spousal Visa, entry under 282c
« Reply #7 on: July 02, 2008, 04:14:08 PM »
Yes, you may use lay language. 

The enquiry was about someone who wanted to make a reference to the rules so as to make their intent clear.  If that doesn't work for you, just use your own words.

I was just wondering what would be better? My husband has just passed his KOL in the UK and is flying back to the US. We've been married 6.5 years as well. I was just going to say that we would like indefinite leave to enter because we have been married 6.5 years and my husband has met the KOL requirement. Should I refer to the regs like the OP?



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Re: Spousal Visa, entry under 282c
« Reply #8 on: July 02, 2008, 04:23:29 PM »
note that to get ILE the rules refer to not only being married, but living together as well (I know the two normally go together, but sometimes they don't!)  So it might be a good idea to provide evidence of having lived together during the marriage as well.
Now a triple citizen!

Student visa 9/06-->Int'l Grad Scheme 1/08-->FLR(M) 7/08-->ILR 6/10-->British citizenship 12/12


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Re: Spousal Visa, entry under 282c
« Reply #9 on: July 02, 2008, 05:31:28 PM »
It is essential to provide evidence of cohabitation over the past 4 years.

Vicky


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Re: Spousal Visa, entry under 282c
« Reply #10 on: July 02, 2008, 05:39:10 PM »
It is essential to provide evidence of cohabitation over the past 4 years.

Vicky

How picky are they about that? We moved to the US end of August 2004. It's easy enough for me to provide evidence of cohabitation from that point which would make it 46.5 months rather than 48 months. Dh's visa for the US is as my spouse (from July 2004), we have photos of all of us together from 2001 and we have a daughter born in 2003 with both of us named as the parents (obviously). Our wedding certificate is from November 2001. Would that be enough? I COULD get evidence going back further but it's not easily to hand and I'd have to get it all translated.


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Re: Spousal Visa, entry under 282c
« Reply #11 on: July 02, 2008, 08:22:17 PM »
In my cover letter for the ILE, I simply stated:

"In February 2008, B. traveled to the UK to take the Knowledge of Life in the UK test.  She passed the exam, and her pass certificate has been included.  It is our hope that since she has already met the requirement of taking the test, and we have been married for over four years, she will be granted Indefinite Leave to Enter."


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Re: Spousal Visa, entry under 282c
« Reply #12 on: July 02, 2008, 08:35:08 PM »
In my cover letter for the ILE, I simply stated:

"In February 2008, B. traveled to the UK to take the Knowledge of Life in the UK test.  She passed the exam, and her pass certificate has been included.  It is our hope that since she has already met the requirement of taking the test, and we have been married for over four years, she will be granted Indefinite Leave to Enter."


Did you provide any evidence regarding cohabitation for four years or more?


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Re: Spousal Visa, entry under 282c
« Reply #13 on: July 02, 2008, 09:12:34 PM »
^^Yes.  In addition to the current information, bank statements, pay stubs, etc., I made a separate tab in my application packet for my proof of cohabitation for 4 years.  I included my tax returns from the last 4 years - nothing special, just my downloaded turbo tax forms.  I do have bank statements from over the last 4 years, but that is a ridiculous amount of paperwork to send in, so I just had each of our banks write a letter on their letter head stating we were joint account holders for x amount of years.  And I included our rental lease that was signed in 2003.  That was it.  No photos, or our daughter's birth certificate - these things don't prove cohabitation anyway.

I really don't think you will have an issue if your documents are starting from August 2004.  I certainly didn't look for documents that were exactly 4 years old.  All I thought about was finding something from 2004, 2005 and so on. 


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Re: Spousal Visa, entry under 282c
« Reply #14 on: July 02, 2008, 11:57:40 PM »
I put this in my sonposr letter for my wife.  We got the KOL stamp on her visa.

"As we have been married and living together for more than four (4) years outside the UK, my hope is that my wife qualifies to take the Knowledge of Life in the UK test before applying for Indefinite Leave to Remain (rather than having to wait for two (2) years after arriving).  We believe she meets the qualifications to take this test as soon as she arrives, according to the Home Office web site.  To demonstrate that we have been married and living together in a legitimate marriage for more than four (4) years, I have included our IRS Tax Transcripts for the last five (5) years showing that we filed tax returns jointly and lived together continuously since our marriage."


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