Asylum seeker back with spouse visa next day

eliasuk4u · Post by **eliasuk4u** » Fri Dec 22, 2006 6:33 pm

Hi all, I was a failed asylum seeker in UK, got married to a British citizen in 2003. I applied for further leave to remain in UK but failed. After 3 years waiting time and numerous letters to Home office through my local MP I was told to return to my home country an apply for spouse visa.

I applied for my spouse visa and succeed in getting visa the next day with out an interview.
here is time line of the process of my application.

Arrived Colombo (Sri Lanka) on 30th of November.
Applied to UK VFS (Visa forwarding service) on the 5th of Dember 9.30am
I expected an interview after few days but to my surprise I was issued my spouse visa the next day 6th December. No interviews. Thanks for this board especially John, who helped me in putting my evidence folder together.

this is another good example that if you have a good evidence folder, you will succeed. As an asylum seeker I was very hesitant and made sure that I have all the required evidences. Here are the list of evidences I combined together with the help of this forum.

1. VAF2 Form fully filled and signed
2. Covering letter detailing your current status and future plans.
3. sponsor letter from a solicitor

IDENTIFICATION

4. my Sri Lankan passport
5. my NHS card, National insurance number card
6. UK driving license

SPOUSE IDENTIFICATION

7. Certified copy of passport
8. Original birth certificate
9. copy of UK Driving license
10. copy of NHS card
11. copy of national insurance card

SON'S IDENTIFICATION

12. Certified copy of passport
13. original birth certificate

WEDDING

14. wedding cards and greeting cards
15. wedding hall receipts
16. wedding dress and jewellery receipts
17. marriage certificate
18. photos

COMMUNICATION

19. Mobile phone bills ( highlighted all the numbers of my spouse at that time)
20. bt bills
21. print out of all the emails we sent to each other

HOME

22. Tenancy agreement of the houses we lived in the past 3 years
23. Utility bills
24. Mortgage documents of the house we recently brought where we intend to live
25. plans of the house
26. land registry documents
27. utility bills
28. mortgage statements

SPOUSE FINANCE

29. pay slips (12 months)
30. P60
31. Letter from employer
32. bank statements (12 months)
33. saving bank accounts statements (12 months)

MY FINANCE

34. Monthly finance statement
35. bank statements
36. my degree certificates
37. letter from employer
38. job opportunity letters
39. criminal record certificate (showing no conviction)
40 p60

I had 3 inch thick file fully armed with all the required evidence making ECO job easier and quicker. all thanks to this board.

Hope this information helps other to do the same.

Regards
eliasuk4u

Post by **John** » Fri Dec 22, 2006 9:45 pm

eliasuk4u, many congratulations! Next day treatment! Well I would never have imagined that, but then reading all that detail of the contents of the evidence folder ... wow, no wonder your application was just "nodding through"!

Yet another example, indeed one of the best, that returning to home country and applying for visa there can result in a positive outcome, compared to endless (often unsuccessful) appeals in the UK.

But now just get on with your life! ILR to apply for in nearly 2 years time, but before that you will have to pass the Citizenship Test. But as the test is changing in April 2007 you will of course wait a little before getting down to studying for that (new version) test.

I shall make this topic into a sticky.

eliasuk4u · Post by **eliasuk4u** » Tue Dec 26, 2006 7:13 pm

Thanks John,
I am in India on holiday and to celebrate after receiving my spouse visa with my wife and my son.
Will I have any problem when I get back to LHR? would immi will ask any questions? any preparations to make??

eliasuk4u

Post by **John** » Tue Dec 26, 2006 10:59 pm

Of course no guarantee can be given but if your family are with you .... all of you going together through the non-EEA passport channel, and all passports handed over together, well at least you are all together if any questions are asked.

Any documents that might help ... something from you and your wife confirming the address in the UK, for example, would clarify any simple query of that type. Put such documents in the hand luggage, because you will appreciate you will not retrieve your suitcases until after passport control.

eliasuk4u · Post by **eliasuk4u** » Wed Dec 27, 2006 3:04 am

thanks John, Of course I am carrying my evidence folder which I submitted to the BHC in my hand luggage and I am glad that we are all travelling together, therefore no questions asked so far.
Do I have to carry this every time I travel in and out of the country or just the first time.

Thank you very much for your advice.

Post by **John** » Wed Dec 27, 2006 10:28 am

Just the first time, and it could well be, with hindsight, you really did not need it the first time either.

I emphasise, all three of you to proceed together through the non-EEA channel, even though two of you will have British passports to hand over. Personally it took me ages to see that was quite acceptable. I only wish I had done that the first time my wife arrived in the UK, but I had already gone through the EEA channel, so all I could do was stand in the space behind the immigration officer dealing with my wife.

eliasuk4u · Post by **eliasuk4u** » Sun Jan 28, 2007 3:56 pm

I emphasise, all three of you to proceed together through the non-EEA channel, even though two of you will have British passports to hand over. Personally it took me ages to see that was quite acceptable. I only wish I had done that the first time my wife arrived in the UK, but I had already gone through the EEA channel, so all I could do was stand in the space behind the immigration officer dealing with my wife

Hi all, I am back to UK yesterday via heathrow and proceeded through non-EEA channel as adviced, the immi officer who dealt with us asked me few questions about my previous refusal of visa application in UK and about my previous stay in UK. As she wasn't satisfied with my answer, she took my passport to check. She came back after few minutes and said that there is no problem and everything is clear but said that I had to take X-RAY before stamping my passport. Eventually after taking the X-RAY of my chest my passport was stamped and I was let in to UK. Hope everyone have same smooth experience as mine. Good Luck.

Post by **John** » Sun Jan 28, 2007 6:52 pm

eliasuk4u, well that was a bit of a struggle getting through immigration at Heathrow, but as they say, all's well that ends well! And a free chest x-ray thrown in for good measure.

Welcome back to the UK!

eliasuk4u · Post by **eliasuk4u** » Tue Jan 30, 2007 7:18 am

what is the maximum number of days I can stay out side uk at any one time with spouse visa? For exmple, job abroad.would it effect my ILR application?

Thanks for advice.

Post by **John** » Tue Jan 30, 2007 9:48 am

what is the maximum number of days I can stay out side uk at any one time with spouse visa?

As far as ILR is concerned there is no stated maximum but it needs to be clear that you are settled here, rather than just treating the settlement visa like some sort of glorified visitor visa.

Thinking in terms of "job abroad" is not a good idea.

eliasuk4u · Post by **eliasuk4u** » Mon Feb 26, 2007 10:02 am

Hi John,

Thinking in terms of "job abroad" is not a good idea

Does this apply to EU as well??

Many thannks

Post by **John** » Mon Feb 26, 2007 10:23 am

It does. In this context "abroad" includes the rest of the EU and EEA.

That is, living and working in another EU or EEA country is not going to help you in this context.

eliasuk4u · Post by **eliasuk4u** » Mon Apr 02, 2007 12:39 pm

Hello,

A quick question...

Home office web site says that "If you delayed your journey to the UK for weeks or months after
obtaining a visa as a spouse, civil partner, unmarried or samesex
partner, you may need to apply for an extension to make
up the 2 year period. In that situation, you should apply on
Form FLR(M)"

I got my spouse visa on 6th December 2006 and I did not enter UK until 27th of January 2007. Does that mean that I have to apply for FLR (M) rather than SET(M) at the end of my visa expiry date??

Post by **John** » Mon Apr 02, 2007 1:36 pm

When you got your spouse visa is not quite the issue. What is the stated start date and therefore the expiry date on that visa?

It is possible to ask for the start date to be deferred for up to 3 months, and of course you might have done that.

eliasuk4u · Post by **eliasuk4u** » Mon Apr 02, 2007 3:20 pm

of course you might have done that.

Does that mean that i have apply for FLR(M) at the end of my 2 years spouse visa????
Sorry still confused!!!!1

Post by **John** » Mon Apr 02, 2007 5:05 pm

When you answer my question I shall be able to answer yours! :-

What is the stated start date and therefore the expiry date on that visa?

eliasuk4u · Post by **eliasuk4u** » Tue Jun 19, 2007 5:15 pm

Hi all,
Is it possible to get a copy of my asylum claim file from Home Office (Claimed in 1999) under freedom of information act? If yes what is the procedure

DavidR98 · Post by **DavidR98** » Mon Aug 27, 2007 9:26 am

John wrote:Of course no guarantee can be given but if your family are with you .... all of you going together through the non-EEA passport channel, and all passports handed over together, well at least you are all together if any questions are asked.

When I (British) recently arrived at Heathrow with my Chinese wife, we went through the EEA channel.

hmm · Post by **hmm** » Sat Sep 22, 2007 7:57 pm

Dear eliasuk4u,
Congratulations. wow, it was quick. I did the same for my other half, took 6 months for embassy to issue the visa. even though we submit all the documents, the embassy contact the the homeoffice here to verify (deferral case)and put the application on hold until they here an answer from HO. homeoffice took 6 months to reply their query...even got my local MP involved. otherwise it would have taken even longer. Now is the time to apply for ILR, worried that HO might ask questions about the old failed assylum application or reject ILR or took another several moths to decide. can't rest until we got the ILR in hand.

why do u want to get ur old assylum claim from HO??. I heard that you can write HO and ask to send your file. they should write to you back within certain days. cost Â£10. once I know the full detail, I'll pass it to u. If you have already doneso,let me know how.
Many thanks

eliasuk4u · Post by **eliasuk4u** » Sun Nov 11, 2007 10:00 pm

worried that HO might ask questions about the old failed assylum application or reject ILR

I don't think HO will be interested in your past asylum application. Why would they reject your ILR when you have your entry clearance issued? and living in Britain legally?

why do u want to get ur old assylum claim from HO??

Just curious and no I didn't try to get it.

eliasuk4u · Post by **eliasuk4u** » Sat Apr 04, 2009 7:54 pm

An update:

Received ILR on 5th March 2009 from Sheffield. On my way to get Naturalization in an years time.

Post by **John** » Sat Apr 04, 2009 8:19 pm

eliasuk4u wrote: I am back to UK yesterday via heathrow

You posted that on 28.01.07, and thus it seems clear that you returned to the UK on your spouse visa on 27.01.07. Accordingly as regards what you now post :-

On my way to get Naturalization in an years time.

-: under current legislation you will be eligible to apply for Naturalisation from say Thursday 28.01.10 .... less than 10 months time.

As you are probably aware, new legislation is currently making its way through Parliament. It is not yet clear exactly what new law will reach the Statute Book, or when the new provisions might take effect. So I suggest you keep an interest in the Bill as it proceeds through Parliament, and see if the current legislation is still in force late January 2010.

But for now ... congratulations on the ILR!

eliasuk4u · Post by **eliasuk4u** » Sat Apr 04, 2009 11:22 pm

Thanks John. Yes my date of entry in to the UK was 27.01.07. I was not aware that I am eligible for Naturalisation by 28.01.10 because I thought that one must be free from immigration control atleast for a year before qualifying for Naturalisation under marriage to UK Citizen however I will keep an eye on the new legislation as you suggested.

Post by **John** » Sun Apr 05, 2009 9:13 am

I was not aware that I am eligible for Naturalisation by 28.01.10 because I thought that one must be free from immigration control at least for a year before qualifying for Naturalisation under marriage to UK Citizen

No, just the opposite. You need to have your ILR for at least one year if you are not married to a British Citizen. But as you are so married you need to have the ILR for at least one second .... but actually even that is an exaggeration! Simply you need to have ILR when you apply.

But you must have been physically in the UK exactly three years before the moment when UKBA receive the Naturalisation application. And to have been "legal" when in the UK in that 3-year period.

eliasuk4u · Post by **eliasuk4u** » Sun Apr 05, 2009 11:36 am

But you must have been physically in the UK exactly three years before the moment when UKBA receive the Naturalisation application. And to have been "legal" when in the UK in that 3-year period.

Wow! That's a great news. I hope UKBA doesn't change the goal post.
Thanks for that John.

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Asylum seeker back with spouse visa next day

Asylum seeker back with spouse visa next day