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  1. #1
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    My wife has been granted a settlement visa for 2 years and 3 months to stay in the UK.. Her visa was stamped on the 24th of October 08. My wife tells me that she must leave BKK within 28 days of her visa being stamped otherwise there could be problems in the near future if she wants to apply for another visa in 2 years and 4 months time.
    I said "that onces your visa is stamped, then it is up to you when you want to leave BKK for the U.K.
    Am I right or am I wrong.
    Please tell me that I am right, because all eva air ( economy seats) flights are fully booked until the 14th Nov 08

  2. #2
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    Dear Te2008,

    14th of Nov still in the 28 days she should leave LOS. The problem what she told you is if she leave LOS after 28 days from the VISA stamped she cannot apply for the ILR straight away because she is not in the UK completely 2 years as the requirement so what she has to do is she has to apply for other type of VISA I think FLR to make the time up to meet the requirement that means money but if you willing to pay it's ok

    At the moment to apply for ILR is around £750 and almost £400 for FLR (sorry I am not sure about the fee) so if your wife have to apply for FLR+ILR ... (calculate yourself I am not good with the number LOL) I am not sure by the time your wife finish the 2 years the fee will be up or not cos it happened to me when I first came here it was about £355 for ILR ... 2 years on just 2 months before I due to apply my ILR it was up to £750

    Anyway, the good news is you are right that it's your right whenever you want to leave LOS and then it's your country right to charge you more as well LOL

    Regards,
    Nana

  3. #3
    Old Hand มือเก่า
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    I telephoned the Home Office and they told me ,once she has got her visa stamp, then she is free to travel in to the UK
    when ever she wants.
    I might ask the Home office who are based in London or Croydon is to put that to me in writing

  4. #4
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    I am pretty certain that your wife does have to leave for the UK within 28 days because if she does not there is a possibility that the Thai authorities will stop her leaving Bangkok or even worse she will be allowed to travel only to find she is refused entry into the UK

  5. #5
    Moderator Tobias's Avatar
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    Don't panic here Te2008. Your wife's visa is valid for 2 years 3 months, as long as your wife arrives in the UK within say 3 months and 27 days of issue there should be no problem whatsoever time wise 2 years down the line.

    Until a few months ago spouse visas were valid for just 2 years but many applicants did not actually arrive in the UK until after 28 days. That in itself was not a problem. The problem arose when the applicant wanted to apply for ILR - the requirement for ILR is that an applicant must have been in the UK for 2 years before applying for ILR and an application can only be made within the last 28 days before the 2 year period expires and before the existing visa expires.

    A settlement visa is now issued for 2 years and 3 months, this allows the applicant more time to organise the trip to the UK and still be able to apply for ILR after the 2 year residency qualification period.

    So the answer is your wife can leave for the UK at any time before the visa expires, however if she arrived within 3 months and (say) 27 days of issue then there will be no difficulty time wise (or need to apply for a temporary FLR visa) when it comes to apply for ILR 2 years down the line.
    Tobias - โทเบียส

  6. #6
    Forum Regular สมาชิกประจำ
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    Hello te2008,
    Slightly off topic but just thought I'd mention that I got back yesterday on the midday flight from BKK with EVA and there were lots of spare seats in the rear compartment of economy i.e. many people were stretched out across the four seats in the centre aisle. How ironic is that when you are being told there's no availability until Nov 14th?

  7. #7
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    I was told that there would be no flights on Eva air until the 18th Nov. Anyway, I will be in Thailand from the 9th Nov and then me and my wife will be flying from BKK to London on the 22nd Nov.
    Tobias, Thanks for you help

  8. #8
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    Try a different airline.

  9. #9
    R.I.P. colin244's Avatar
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    Try a different airline
    Not very helpful and also obvious
    colin 244

  10. #10
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    helpfull is an opinion, obvios is the operative. Like most things

  11. #11
    Veteran ผู้มีประสบการณ์ Harvey at home's Avatar
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    Thanks to all who make helpful contribution to important topics and Especially to TOBIAS for His post which has taken the pressure of our intended application for ILR with Wan having to take the ESOL route to ILR it left us with minimal time under the old 2 year settlement visa rules.

    TOBIAS many thanks Harvey & Wan

  12. #12
    Moderator Tobias's Avatar
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    Harvey, just to be sure and to avoid confusion for any who read this topic in the future, was your wife's visa a 2 year one? If so, the changes [the extra 3 months] have not affected the validity of your wife's 2 year visa - it will still expire 2 years after the date of issue (as opposed to 2 years and 3 months under the new rule). If your wife does not qualify for ILR because of either the 2 year qualification and/or the Knowledge of Life in the UK requirements then she must apply for FLR before her current visa expires.
    Tobias - โทเบียส

  13. #13
    Veteran ผู้มีประสบการณ์ Harvey at home's Avatar
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    Originally posted by Tobias:
    Harvey, just to be sure and to avoid confusion for any who read this topic in the future, was your wife's visa a 2 year one? If so, the changes [the extra 3 months] have not affected the validity of your wife's 2 year visa - it will still expire 2 years after the date of issue (as opposed to 2 years and 3 months under the new rule). If your wife does not qualify for ILR because of either the 2 year qualification and/or the Knowledge of Life in the UK requirements then she must apply for FLR before her current visa expires.
    Thanks for that info I just took for granted that they would be retospective ( Silly me)
    I will check but it was issued August 2007 so probably under the old rule.

    We Luckily have enough time to go for the ILR Visa but only if Wan passes her Test/Assessment with the college

    Once more thank you


    Harvey & Wan

  14. #14
    Veteran ผู้มีประสบการณ์ Harvey at home's Avatar
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    Wan just came from College and we checked her Passport and yes you were right Tobias it was just for two years

    Regards Harvey & Wan

  15. #15
    Moderator Tobias's Avatar
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    Harvey, just in case you've missed it, it looks like there may be some good news for you. Have a look at this topic.
    Tobias - โทเบียส

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