VAF2 -> ILR Fee Query

[El Burro]

I am a UK national married to a Colombian woman. My wife was granted a UK spouse visa via form VAF2 in Spain in January 2007. Before that she was living in England on student visas. We tried to apply for the spouse visa within the UK but were denyed an appointment because she had less than 6 months left on her student visa (if only I'd found this site earlier!!!). Fortunately she has legal residence in Spain (although not nationality) so we applied in Madrid and got the visa without problems. We returned to the UK the same day so she can apply for ILR this December. My question relates to the fee for this visa. As far as I can see, the only way we can go is with SET(M) at a cost of £750 (or £950 in person). I am confused as the officer in Madrid told us we could apply for ILR in the UK after the probationary 2 years and there would be no additional fee. We don't have this in writing and I can't see any way of doing it but my wife and I both distinctly remember the officer saying this. The only form I can find without a fee is an EEA one which we don't qualify for as I am not an EEA citizen. I have emailed the consulate in Madrid to verify but I'm not too hopeful. Any ideas?

[yankeegirl]

Perhaps the person you spoke with was confused and thinkin of the EEA applications.

SET(M) is the application you'll need and the fee is as you found £750 or £950 to apply in person.

Also, in case you haven't come across it yet, your wife will have to take and pass the Life in the UK test before applying for ILR. That requirement came in last year I think it was, so I wasn't sure if you were aware of it.

[Wanderer]

It's correct, EEA route is free but takes a lot longer - ur wife will have a UK passport much quicker, albeit after you've coughed up the £750 and another £600 of so for naturalisation fees in a year or immedaately after the £750 if she's already had a year in the UK on vaild visas of any sort.

Costs dunt it!

[El Burro]

Thanks for the quick replies and your help! Yes, aware of Life in the UK test and the horrendous fees involved to get ILR and nationalisation

Hoping the ILR application will be relatively straight forward since we are both working, have bought a house and have plenty of letters. My other query is whether we should apply in person or by post. I know this has been covered a lot before so sorry to bring it up again. I know with 'in person' applications you have the benefit of a same day decision but obviously with a £200 premium. We are not too worried about waiting a month or so for a decision although what concerns me is if we need to explain anything to them as I have read a few posts on here where the officers don't read the paperwork correctly etc. I think the only problem we could face is that my wife has been in the US for 5 months during her spouse visa although this was part of a contract where she is employed by a UK company and is paying UK taxes so shouldn't count against her in any way. I know £200 may not seem a lot for piece of mind but I don't want to pay extra unless it will give us any extra assurance of a successful application.

[John]

I am confused as the officer in Madrid told us we could apply for ILR in the UK after the probationary 2 years and there would be no additional fee.

Possibly the person has been in the job a long time and needs a bit of staff training! That is, what he/she said was correct, until UK fees were introduced in something like August 2002. My own wife's spouse visa (then just for 1 year) was issued in March 2001, and the application for ILR was made in person at the Birmingham PEO in March 2002 .... no fee! Just get there early and join the queue.

But fees charged in the UK for a number of years now, so what you were told was definitely incorrect, unless as already pointed out, he/she was confusing it with an EU/EEA application.

[El Burro]

Sorry to keep adding questions to this thread but I imagine it's better this way than starting new threads where I have to explain my situation each time. I was just reading the SET(M) application regarding any absense from the UK during the 2 year probation period. As I have mentioned previously, my wife is in the US for a total of 5 months (she is there at the moment). She is there as part of a contract working for a UK company. We have a UK marriage certificate and have a joint mortgage in the UK. What concerns me is the bit about keeping in contact with my wife while she is abroad and providing evidence. I speak to her every day on MSN but obviously this doesn't count. I went to visit her once in the US for 2 weeks but can't afford to go again. Should we be exchanging letters or phonecalls for evidence or is this unnecessary in our situation?

Many Thanks!

[yankeegirl]

Do you email each other at all? Perhaps taking a screen shot of your email inbox might help. Others would have a better idea of what proof of communication (if any) should be sent in.

[John]

I speak to her every day on MSN but obviously this doesn't count.

Why? Why does it not count?

[El Burro]

I speak to her every day on MSN but obviously this doesn't count.

Why? Why does it not count?

Well I assumed that was the case since I have read several posts where people wanted to use MSN as evidence of being in a relationship although admittedly those posts were to do with spouse visas. However, if MSN did count, how can I prove I am on there every day? I know you can save a log of messages but we usually use video. I was also thinking about emails as yankeegirl suggests. I have plenty in my personal and work accounts but again I am concerned about 'proof' since all I can do is print stuff off which as far as bank statements etc are concerned is not valid proof. Maybe for emails it's OK. To be honest I have no idea so I really appreciate your suggestions.