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Thread: VISA

  1. #1
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    Default VISA

    Hi Can someone help me with a few questions please.
    My Wife has to return ASAP to see her dying mum who is very,very sick.
    I know the Embassy have no sympathy full stop with these instances.
    I have her booked in to do ESOL exam 1.2.11, her visa expires 18.4.11 and if see returns and comes back before her visa expires what is the minimum visa time left she needs to come bact to the UK.
    I was hoping IF she passes the exam then we can try to get early appointment at the Emabssey and Visa stamp and she can fly same or next day.
    I after speaking to embassey as to she needs to pass the natural speaking and language exam to get an extension visa
    or natural speaking and language exam and ESOL to get citizenship.
    Yet when i spoke to the reception at Derby university i was told that she only needs to pass the ESOL exam.
    She arrived in March 8th 07.
    This the email answer i received from another centre near my home.

    Many Thanks

    Calvin..

    If a learners enrols with us and wants to get Citizenship they need to do the additional course – ESOL with Citizenship which we offer on Thursdays at Princess Street
    1-3pm. They then need to show the following-
    -that they have progressed a level since they started
    -that they have completed a portfolio of their work
    -that they have passed a Trinity Speaking and Listening exam.
    This process normally takes a year to complete.
    Alternatively learners can do the UK Citizenship test online at a registered centre and do not need to follow a course.
    Regards
    Lis Campbell
    ESOL Programme Leader
    ACL

  2. #2
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    Quote Originally Posted by Calvin View Post
    Hi Can someone help me with a few questions please.
    My Wife has to return ASAP to see her dying mum who is very,very sick.
    I know the Embassy have no sympathy full stop with these instances.
    They most certainly do have sympathy! There are 'compassionate grounds' and the serious illness or death of a close family member constitutes a 'compassionate ground'.

    Your post isn't very clear. What type of visa does your wife have now and which embassy are you referring to? What ESOL exam is it your wife is taking and for what purpose?
    Tobias - โทเบียส
    Stay home. Stay alert. Save lives.

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    My wife - life in the uk exam - her visa is a spouse visa spouse/cp - as for the sympathy when they rejeceted my wifes visa applicationas the bank blocked the transaction, they didn't contact me, it took 18months to appeal and the outconme the same. Appologies if i have no good words for the embassey. My wife then spent 2 hrs interigation by the thai security as to her late return.
    Best regards
    calvin.

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    Quote Originally Posted by Calvin View Post
    ... My wife then spent 2 hrs interigation by the thai security as to her late return ...
    That's got nothing to do with the British.

    You cannot blame the British Embassy for refusing a visa, especially so if the appeal was also rejected. There was clearly a problem with the application that was submitted to the Embassy - you don't mention any compassionate grounds for issuing a visa at that time. Anyhow, at least that has now resolved and a visa was granted. Your current situation is something entirely different.

    As for your other questions, the visa must be valid on the date she returns - she must also have sufficient time to apply for her ILR before her current visa expires.

    In order to apply for ILR your wife must have passed the Life in the UK exam or have completed a combined ESOL with Citizenship course at a recognised and accredited institution.

    Once she has the relevant Language/Citizenship qualification she can apply for ILR within the last 28 days of the 2 year qualification period. If you can post what date the visa expires and what date she first arrived in the UK to settle we can calculate the dates for you.
    Tobias - โทเบียส
    Stay home. Stay alert. Save lives.

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    If you can post what date the visa expires and what date she first arrived in the UK to settle we can calculate the dates for you.
    from Tobias.

    Quote Originally Posted by Calvin View Post
    I have her booked in to do ESOL exam 1.2.11, her visa expires 18.4.11.............

    .................She arrived in March 8th 07.
    Tobias, from the opening post.

    Dave.

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    Moderator Tobias's Avatar
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    I asked the dates on purpose Dave, I'm trying to see if there was a typographical error, to ensure she did not arrive in 2009 (almost 2 years ago). If she arrived in 2009 and not 2007 my answer will be different!

    He mentions an 'extension visa' which might be an application for FLR rather than ILR and an 'ESOL Exam' - so just clarification. I suspect it is ILR she intends applying for, but the date of first arrival in the UK on a settlement visa is vital to the answer he receives.
    Tobias - โทเบียส
    Stay home. Stay alert. Save lives.

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    Tobias, yes, I totally understand where you are coming from.

    I was hoping IF she passes the exam then we can try to get early appointment at the Emabssey and Visa stamp and she can fly same or next day.
    I after speaking to embassey as to she needs to pass the natural speaking and language exam to get an extension visa
    This is the bit that I find confusing. If she has to fly home, I presume she is in the UK, so what has the Embassy got to do with it. Calvin, please clarify this, so we can advise you.

    Dave.



    Dave.
    Last edited by ddwjg; 29th Jan 2011 at 14:09.

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    Yhanks for your fast response.
    She arrived on 8.3.07 - due to the issues above her visa was renewed 19.1.09 and now expires on 18.4.11. we also added her daughter on her visa 11.11.10.
    So now i want to
    A: extend her visa for another 2 years
    B:Hopefully if she passes the exam then apply for the citizenship.
    I have to say that the number of people i see that cannot talk english that are here of Asian origen makes me wonder...
    Please don't see that as racism as i have many good asian friends and wife.
    Thanks in advance

  9. #9
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    Thanks Calvin, that makes more sense now.

    Okay, 2 different scenarios:

    Scenario 1: Your wife appears to have lived in the UK for more than 2 years. That means she is time qualified to apply for ILR - that is indefinite leave to remain in the UK. Once she has that she will not need any more visas to stay in the UK and she could apply immediately for Naturalisation as British and then her British passport (subject to her not being out of the UK for more than the permitted period for Naturalisation - we'll deal with that spearately).

    In order to obtain ILR your wife needs to have passed the Life in the UK Test. From what you say, this appears to be the test you are speaking about in your opening post - but please follow this link to ensure it is the same test. This is very important as you mention an ESOL exam which is a very different qualification.

    Once your wife has passed the Life in the UK Test she can apply for ILR immediately. She can apply in person (it costs a few hundred pounds more) but the ILR is put in the passport immediately. She must make an appointment for this and there may be a bit of a wait.

    Once she has ILR then she can apply for Naturalisation as British and then her passport.

    Instead of passing the Life in the UK Test she can complete an ESOL with Citizenship course at an accredited institution. If she hasn't done that already it is too late to try just now unless she attends a crash course (which can be done in a week long course).

    Scenario 2: If your wife hasn't passed the Life in the UK Test and cannot before her current visa expires then she will need to apply for FLR - further leave to remain. This will allow her to remain in the UK for a up to 2 more years.

    However, since November last year there is a new basic English language test that must be passed - at level 'A1'. Again this test must be taken at an approved testing centre. This is a different English test to the others mentioned above. Your wife cannot apply for a British passport with this type of visa - she must get ILR first.

    As soon as your wife passes the Life in the UK Test or completes the combined ESOL/Citizenship course, she can apply for ILR and then the passport.
    Tobias - โทเบียส
    Stay home. Stay alert. Save lives.

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    Thank you very much for fast and concise info it is really very much appreciated, i will be honest her mother is at deaths door i have booked a flight for 2.2.11 same evening as her exam; as her mum is now not eating, always has her eyes shut - I don't think my wife will make it on time, if she does pass the exam will she be able to get back in the UK and apply?.
    What is her last date to enter the UK before her visa expires - or how many weeks is the last chance to return.
    Once again thanks for the direct concise info.
    Many many thanks
    Calvin

  11. #11
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    If your wife passes her exam and you complete the ILR application and get all of the evidence ready then there's absolutely no reason why your wife cannot delay her return until a couple of working days before the visa expires. As soon as she's home pop off to the post office and send the application. Her visa is automatically extended until you get the application results back.

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    I did this last time with her first spouse visa application, we applied they returned all documents as they could'nt access funds, i re applied and they took the money and denied her visa because we applied after her leave to remain - i tried to explain that we applied in the first instance before and that no one had contacted me regarding payment issues as per the details in the application( should we have issues taking funds someone will contact you in the first instance) the Bank said no one from the home office has tried to access funds. I sent a letter to the Home office to this effect and 18months later she had to leave the country and get a visa in Bangkok, i had a return flight booked she lost this because of riots at the airport and the British Embassey being closed as unsafe. All money money money.
    I strongly advise anyone thinking of going to Thailand dont fall in love unless
    A: you have plenty of money
    B: your wife is happy to do what's needed to get a Visa
    C: Expect big changes in the UK from Thailand.
    I went to Thailand purely to have a break but as happens to so many people who visit you are astounded by their beauty and warmth.
    I'll give you an instance, I went with my friend 2 months after she arrived in the UK to collect a car, i got home 4hrs later and she was Stoned 2 bottles of Spirit and spent another 6 hrs in hospital while she was monitored. the crazy thing is she doesn't drink at all. She thought i had left her. I explained before i left where i was going and she fully understood. So big big life changes both sides.
    All said i love her very much and i'm very happy.
    Thanks for all your posts - Fantastic site and i hope i haven't offended anyone unintentionally.
    Best Regards
    Calvin.

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