Approved Visa under new 9th July 2012 rules

[PaulR]

Hi Gang,
My wife has had her visa approved under the new (9th July 2012 rules) regulations yeyyyy :D The visa is valid for two and a half years however the new rules now state that she has to be in the UK for 5 years, rather than the previous rule of 3 years (I think it was 3 years).

My question is, when she has to apply for the second visa, where does she make the application, UK or Phils? Also, more importantly, in the second application, what do you present as proof of a subsisting relationship? I mean she is here living with me, we won't be Skyping from one room to the other haha.

I'm guessing we will have to pay for the next visa too? I guess after the second visa application , we go for the ILR, right?

I know I'm thinking far ahead but just curious if anyone is aware?

Thanks
Paul

[Arthur Little]

Hi, Paul ... belated :welcomex: to this friendly and informative website and congratulations on your wife being granted her Spousal Visa.

Yes ... under the New Rules, she will need to apply for 'Extended Leave to Remain' - or whatever it'll be known as [not sure!] - after 30 months ... followed by a further 21/2 years' residence period, before becoming eligible to apply (from within the UK) for Indefinite Leave to Remain.

:icon_sorry: ... can't answer your question as to the extra costs, as yet, I'm afraid. :NoNo: But possibly someone else can.

[lastlid]

Good news. :xxgrinning--00xx3:

I think Joe said it would be FLR of a sorts. Implication of which is that it would be applied for in the UK....

Am guessing it might be the same price as FLR after a Fiancee visa. Will be interesting to find out....

[Terpe]

Hello Paul,
Firstly, many congratulations to you both that your wife as been granted her settlement visa.

Yes, the new rules mean she is now on a 5 year immigration pathway to ILR.
And yes it's true under old rules it's a 2 year journey to ILR as a holder of spouse visa.

Under new rules, as in your case, a successful visa spouse visa application from outside UK will result in being granted a UK visa for 33 months.
Shortly before the end of a 30 month period living in UK, application can be made to stay for a further 30 months provided all requirements continue to be met. That includes financial requirements.
After completion of 5 years in the UK, as the spouse/partner of someone who is a British citizen or settled in the UK, then application for settlement can be made. This is known as Indefinite Leave to Remain (ILR).
Look here at The Settlement page (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement) if you want more information about ILR.
After 1 year under ILR the visa holder becomes eligible for naturalisation.

Paul, you wife has now made entry to UK. All subsequent applications for leave to remain and for ILR and also Naturalisation will be made from within the UK.

Hope that helps.

[Terpe]

.......I'm guessing we will have to pay for the next visa too? I guess after the second visa application , we go for the ILR, right?

I know I'm thinking far ahead but just curious if anyone is aware?

Thanks
Paul

Concerning the questions of costs, it's impossible to predict what the level of fees will be going into the future, but yes they will all need to be paid.
In your case an additional 30 months FLR then ILR then Naturalisation.

But right in 2012 the fees are like this:-

FLR(M) by post is £561
ILR by post is £991
Naturalisation by post is £851

Yep, not cheap. So better get saving somehow. :biggrin:

These fees are stated by the home office to increase in line with inflation. (Whatever that actrually means)

[gWaPito]

Congratulations Paul...enjoy the moment, dont get bogged down with worry on the next step....the hardest part was getting her here....as long as your standard of living remains the same, then its just a point of handing over your money...at least you got time to budget.

Good Luck

[PaulR]

Hi Gang,
Firstly, many thanks for the congrats. It's a great feeling and we are appreciating the effort and time of the visa and realising we can be together for more than just a few weeks :) Yep had a dig around too and I see the FLR(M) and SET(M). Much appreciated and once again many thanks for the congrats and support

[chieldave]

Hi PaulR,first I just want to send my congratulations to you and wifey,happy for the both of you...:smile::smile::smile:
May I ask if what date u/wifey submitted the application and how many weeks from that when u got the result?

[marikistin]

hello.congratulations to u and your wife.

[PaulR]

Hi ChielDave,
We applied July 19th and it we received the Passport with Visa on Sept 10

[blackcat22]

Hi ChielDave,
We applied July 19th and it we received the Passport with Visa on Sept 10

Did you have to be present in philippines with your wife when you applied till when you received VISA?

I got married to my wife 2 weeks ago. I was there for 3 weeks in the phils for the marriage ceremony etc.. but I'm afraid didn't have much time left of the 3 weeks after the marriage to apply and process her spouse VISA. I have now returned back to work in UK and my employer are not likely to give me another vacation for at least 6 months.

So my question is can I begin my wife's spouse VISA processing while i'm in UK and just Fedex the supporing documents etc.. to her to submit with the appliacation?

How about the settelement fees? can you pay it online same time you complete the online application?

Bearing in mind that average processing times for settlement VISA in phils is between 40-60days. I don't think I can go there submit her applaication then stay there and wait 60 days for descision. I have full time employment here in UK so this is not possible.

How did you manage to go around this problem?

[Terpe]

You do not need to be in the Philippines when your wife makes the application.
She can make the application as soon as she has all the required supporting documents.

It might be helpful to review the information and then follow the links to Applying for a UK visa in the Philippines (http://www.ukba.homeoffice.gov.uk/countries/philippines/applying/?langname=UK English)
There's a lot of key information on how to apply, how to book an appointment and importantly how to pay the fee.

Hope that helps

[blackcat22]

You do not need to be in the Philippines when your wife makes the application.
She can make the application as soon as she has all the required supporting documents.

It might be helpful to review the information and then follow the links to Applying for a UK visa in the Philippines (http://www.ukba.homeoffice.gov.uk/countries/philippines/applying/?langname=UK English)
There's a lot of key information on how to apply, how to book an appointment and importantly how to pay the fee.

Hope that helps

Thanks for this helpful information.

One more thing, just incase the application is not successful, Do I need to be in phils to file and appeal?

Also how long do you have from refusal to file an appeal?

[raynaputi]

Thanks for this helpful information.

One more thing, just incase the application is not successful, Do I need to be in phils to file and appeal?

Also how long do you have from refusal to file an appeal?

Go to this thread regarding your question Appeals - Visas and Entry Clearance (http://filipinaroses.com/showthread.php/40485-Appeals-Visas-and-Entry-Clearance)

[blackcat22]

So the appeal is heard in UK and must be lodged within 28 days.

But I find it interesting that only the sponsor is required at oral hearing. The owner of the application itself is not required for the oral hearing?