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Topic: UK Visa Settlement Processing Time  (Read 291440 times)

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Re: UK Visa Settlement Processing Time
« Reply #2265 on: September 24, 2011, 03:08:30 PM »
scarlett what is wrong with it exactly pm me and let me know if its just a slight change it might be ok x 


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Re: UK Visa Settlement Processing Time
« Reply #2266 on: September 24, 2011, 05:30:41 PM »
If it's just printing alignment, do I have to worry about getting the visa fixed? You can clearly see all the info, it's just off by one line. Is that a biggie? I thought I read this was pretty common and not to worry about it.


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Re: UK Visa Settlement Processing Time
« Reply #2267 on: September 24, 2011, 05:38:34 PM »
I think that if you read Webj's post about visa errors it says that misalignment is ok. 

I've done a lot of digging around on here and gotten in touch with a few people who have the same error that I have.  It looks like I might be in the clear as they didn't have to get it fixed!


Re: UK Visa Settlement Processing Time
« Reply #2268 on: September 24, 2011, 06:40:50 PM »
Printing alignment is not an error that needs to be corrected.

Errors are missing information, misspellings and wrong information listed on the vignette (ie your passport number is wrong).

Simple alignment problems, while might not be visually perfect, does not mean that there is an error that has to be corrected.

So if alignment is the problem, then stop worrying about it, it's not an issue.


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Re: UK Visa Settlement Processing Time
« Reply #2269 on: September 25, 2011, 07:17:40 PM »
I had went on a visitor visa to the UK and applied for a marriage license we got granted to marry. On June 16th we married and then applied for the spousal visa which i was denied to overstaying on a visitor visa. I went back to the states on the 27th of August. The immigration officer reassured me that i would not be denied to overstaying as long as i was not coming back on a visitor but instead a spousal visa. Has anyone else ever had this problem? I applied for the correct visa and received email they were processing it. Wednesday will be the 6th business day as it states on the site so i am getting very nervous. If anyone has had the same problem please let me know how there process went. Thanks


Re: UK Visa Settlement Processing Time
« Reply #2270 on: September 25, 2011, 07:33:26 PM »
I had went on a visitor visa to the UK and applied for a marriage license we got granted to marry. On June 16th we married and then applied for the spousal visa which i was denied to overstaying on a visitor visa.

You're a bit mistaken on this part. You were probably denied for 2 reasons:

The first one is that you cannot switch from being a visitor to any other visa while from inside the UK you have to go back to your home country and apply from there. So, even if you had not overstayed you still wouldn't have been granted the FLR(M) visa anyway. It's been this way since 2003 so it's nothing new.

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I went back to the states on the 27th of August. The immigration officer reassured me that i would not be denied to overstaying as long as i was not coming back on a visitor but instead a spousal visa. Has anyone else ever had this problem? I applied for the correct visa and received email they were processing it. Wednesday will be the 6th business day as it states on the site so i am getting very nervous. If anyone has had the same problem please let me know how there process went. Thanks

Overstaying of less than 28 days is automatically overlooked if you're applying for a settlement visa. However, I'm wondering when your visitor stamp expired and how long it had been expired before you got married & applied for the FLR(M).

But, if you didn't pay for priority processing of your visa (an additional $300) then you could be waiting up to 12 weeks for an answer & reasonable you can expect it to take a bit longer than that because they'll be checking to make sure you did not work or use the NHS while you were in the UK as a visitor and overstayer.


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Re: UK Visa Settlement Processing Time
« Reply #2271 on: September 25, 2011, 08:31:13 PM »
When i went to the immigration office to pick up my paperwork i literaly broke down crying the lady brought me to the back room and said because i overstayed on a visitor visa by me applying for the spousal they will approve me because its a totally different visa and that my husband is a british citizen so that really helps alot. She also told me when filling out for the spousal just submit everything i had submitted when i applied for my marriage license. See the lawyer we went thru in the UK did not help us at all as he should have told us to apply for an extension but never told us just that we need to apply for a marriage license. I just can not wait until this is over i can not believe how stressful this all is just to be with your husband and live life. If i get any more news i will keep posting as i am sure i am not the only one with this problem.  :\\\'(


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Re: UK Visa Settlement Processing Time
« Reply #2272 on: September 25, 2011, 08:42:52 PM »
When i went to the immigration office to pick up my paperwork i literaly broke down crying the lady brought me to the back room and said because i overstayed on a visitor visa by me applying for the spousal they will approve me because its a totally different visa and that my husband is a british citizen so that really helps alot. She also told me when filling out for the spousal just submit everything i had submitted when i applied for my marriage license. See the lawyer we went thru in the UK did not help us at all as he should have told us to apply for an extension but never told us just that we need to apply for a marriage license. I just can not wait until this is over i can not believe how stressful this all is just to be with your husband and live life. If i get any more news i will keep posting as i am sure i am not the only one with this problem.  :\\\'(


*big huggles* i know the feeling its just frusterating as hell to have to wait


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Re: UK Visa Settlement Processing Time
« Reply #2273 on: September 25, 2011, 08:47:34 PM »
I'm sorry to hear this. I know how frustrating it must be for you at the moment. I hope you'll hear good news soon.
Sept 2, online application
Sept 9, biometrics appointment, purchased priority & sent package to UK Consulate NYC
Sept 12, package delivered 9 am, email of receipt @2:56pm NY Time
Sept 15, passport arrived in the post with visa.


Re: UK Visa Settlement Processing Time
« Reply #2274 on: September 25, 2011, 08:54:04 PM »
You wouldn't have been able to get the other visa even if your visitor status was valid, the law changed in 2003 that prevents people from doing specifically what you tried to do so no matter what you would have had to leave your husband behind in order to get your new visa.
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Can you 'switch' if you are already in the UK?
You will not be allowed to switch if:

you have entered or remained in the UK in breach of the immigration laws (for example, by overstaying your visa); or
your marriage or civil partnership took place after a decision was made to deport or remove you from the UK; or
you came to the UK as a visitor with permission to stay for 6 months - you must leave the UK and apply from your country of residence.


When i went to the immigration office to pick up my paperwork i literaly broke down crying the lady brought me to the back room and said because i overstayed on a visitor visa by me applying for the spousal they will approve me because its a totally different visa and that my husband is a british citizen so that really helps alot.

True, as overtsays are generally disregarded for Settlement visas, unless there are other issues (such as working illegally or using the NHS when not eligible to). This is specifically addressed by Immigration Rule 320 7(B)

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Grounds on which entry clearance or leave to enter the United Kingdom is to be refused

(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:

(a) Overstaying;

(b) breaching a condition attached to his leave;


(c) being an Illegal Entrant;

(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);

unless the applicant:

(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

(ii) used Deception in an application for entry clearance more than 10 years ago;

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 2 years ago; and the date the person left the UK was no more than 6 months after the date on which the person was given notice of the removal decision, or no more than 6 months after the date on which the person no longer had a pending appeal; whichever is the later;
(v) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago; or
(vi) was removed or deported from the UK more than 10 years ago.
Where more than one breach of the UK's immigration laws has occurred, only the breach which leads to the longest period of absence from the UK will be relevant under this paragraph.

(7C) Paragraph 320(7B) shall not apply in the following circumstances:

(a) where the applicant is applying as:

(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A,

So in simplified information as long as you meet the maintenance & accommodation, sponsor's information & provided all necessary documentation it's really only going to be a matter of time before you can be with your husband again.

However, had you done the research ahead of time you could have gotten a fiancee visa before you went to the UK the first time that way you could have gotten married and switched to a FLR(M) and never had to leave the UK to get your new visa.


So, try to enjoy the things about the US you like (favorite foods, places & your peeps) as it may be a long time before you'll enjoy those things again when your visa comes through. Make the best of it really because the worrying and drama doesn't make the time go any faster, it takes as long as it takes and we've all been there. So make the best of it and try to enjoy it a little.
« Last Edit: September 25, 2011, 08:56:57 PM by WebyJ »


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Re: UK Visa Settlement Processing Time
« Reply #2275 on: September 25, 2011, 10:56:51 PM »
Quote
So, try to enjoy the things about the US you like (favorite foods, places & your peeps) as it may be a long time before you'll enjoy those things again when your visa comes through. Make the best of it really because the worrying and drama doesn't make the time go any faster, it takes as long as it takes and we've all been there. So make the best of it and try to enjoy it a little.


i get this as well, at the moment my mom has already had a bawling session about me leaving and god knows when i'll see her and the rest of the family again, i know it when i move it will at least be another year or so before i see any of them again, as much as my family drives me nuts and were not that close and as much as i hate where i am now, im gonna miss it like crazy deep down i know these are the last weeks here so im trying to take everything in as much as i can


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Re: UK Visa Settlement Processing Time
« Reply #2276 on: September 26, 2011, 07:47:54 PM »
I received my visa and it's misaligned as well. I'm not worried about that. I am worried however, about the expiry date. It's valid from 02/10/11 to 02/01/14, 2 years and 3 months. Is that normal, or should they have made it 02/10/14? I thought it was only a 2 year visa.
Met online- November 2008
Date we got engaged- November 2nd, 2009
Sent my dog to the UK -July '10 (after an 8 month ordeal)
Applied Online for Fiance visa- Feb. 4th 2011
Biometrics apt. Feb. 7th 2011
Mailed Supporting Docs w/ priority processing- to LA cons. Feb. 7th 2011
Delivered to LA Cons- Feb. 9th 2011
Conf. email received- Feb. 17th 2011
Application approved- Feb. 17th 2011
Married- March 26th, 2011


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Re: UK Visa Settlement Processing Time
« Reply #2277 on: September 26, 2011, 07:57:01 PM »
I received my visa and it's misaligned as well. I'm not worried about that. I am worried however, about the expiry date. It's valid from 02/10/11 to 02/01/14, 2 years and 3 months. Is that normal, or should they have made it 02/10/14? I thought it was only a 2 year visa.

Yes, that's exactly what you are supposed to get - the spousal visa is a 27-month visa :).

It used to be 24 months, but that only gave you 28 days in which to enter the UK after the valid from date on the visa and still be eligible to apply for ILR after 2 years in the UK (you can apply 28 days before the 2 years is up). If you entered more than 28 days after the visa began, you would not meet the 2-year requirement for ILR before the visa expired and you would have to apply for an extension on the spousal visa (costing several hundred pounds) to make up the difference and then pay several more hundred pounds for ILR a few weeks or months later.

So, a couple of years ago, they increased the spousal visa length to 27 months in order to give a 3-month-and-28-day leeway to enter the UK and still be eligible to apply for ILR before the visa expires.


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Re: UK Visa Settlement Processing Time
« Reply #2278 on: September 26, 2011, 08:10:30 PM »
Oh ok, I get it now. Thank you for the quick response! After reading your explanation I am glad they changed it to 27 months.
Met online- November 2008
Date we got engaged- November 2nd, 2009
Sent my dog to the UK -July '10 (after an 8 month ordeal)
Applied Online for Fiance visa- Feb. 4th 2011
Biometrics apt. Feb. 7th 2011
Mailed Supporting Docs w/ priority processing- to LA cons. Feb. 7th 2011
Delivered to LA Cons- Feb. 9th 2011
Conf. email received- Feb. 17th 2011
Application approved- Feb. 17th 2011
Married- March 26th, 2011


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Re: UK Visa Settlement Processing Time
« Reply #2279 on: September 26, 2011, 10:23:54 PM »
Yes, that's exactly what you are supposed to get - the spousal visa is a 27-month visa :).

It used to be 24 months, but that only gave you 28 days in which to enter the UK after the valid from date on the visa and still be eligible to apply for ILR after 2 years in the UK (you can apply 28 days before the 2 years is up). If you entered more than 28 days after the visa began, you would not meet the 2-year requirement for ILR before the visa expired and you would have to apply for an extension on the spousal visa (costing several hundred pounds) to make up the difference and then pay several more hundred pounds for ILR a few weeks or months later.

So, a couple of years ago, they increased the spousal visa length to 27 months in order to give a 3-month-and-28-day leeway to enter the UK and still be eligible to apply for ILR before the visa expires.


heres a question, do you have to apply for a ILR or can you apply for another 2 year visa? cause i dont want to apply for ILR if i dont have to, and since me and my partner at some point wanna move back to the US wouldnt the ILR make it kinda diffacult?


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