? Incorrect endorsement for spouse visa

[chaimpoto]

Hi,

I am a British citizen married to an indian. I was born in the UK in 1976 and hence got british ciitzenship. But i was settled in India from the age of 10 till 32 (1990-2009). I met my wife who is an indian citizen in 1997 and we got married in 2000. We have been in India from 2000 to 2009.
I came to the UK in January of 2009 and my wife applied for and obtained a settlement visa from British embassy chennai on the 27th of June and came to the UK on the 3rd of July to the UK.

What was concerning me was that on the wifes passport it is stamped:
VISA SPOUSE/CP
recently i came to realise that if you have been married for more than 4 years it needs to be stamped
VISA SPOUSE/ CP (KOL REQD)

1. Does this mean we have to wait for 28 days before her 2 years is completed to apply for ILR? (with KOL passed certificate)

2or do we have to wait 28 days before her 27 month visa is due to expire to apply for ILR?(with KOL passed certificate)

3. Or can we apply for her ILR now and explain to the visa officer by letter that we have been married for 10 years (submitting the documentary proof, even though we done so the first time) and hence her visa should have been stamped with KOL required thereby making it similar to ILE and hence she has the right to apply for her ILE the moment she passes KOL test without waiting for the 2 years.

4. We have 2 adopted children (domestic adoptions, not intercountry as We were settled in India at the time). They also accompanied my wife to the UK as they had obtained 27 month settlement visas on their indian passports with the endorsement TO ACC MOTHER/ CYR. Can we fill in my wifes ILR form and add them as 2 dependents on the same form and apply now even though the 2 years has not finished?

5> what are the consequences of being refused based on not having KOL REQD in the spouse visa (becasue we did not wait 2 years). Will we just lose the money or will it reflect badly when we next apply before the 2 years runs out? The reason i dont mind taking a chance now is that the visa fees are set to double on april 6th and if there are no adverse consequences wouldnt mind taking a shot at it.

[ElenaW]

It depends what you applied for. Did your wife apply for Indefinite leave to enter (ILE)? Or did she apply for a spousal visa?

[chaimpoto]

Thanks for replying. There was only one form for settlement visa for those appying from outside the UK, but we did specify in the covering letter that we were applying for ILE

[ElenaW]

Thanks for replying. There was only one form for settlement visa for those appying from outside the UK, but we did specify in the covering letter that we were applying for ILE

Then yes it seems that they made a mistake.

[vinny]

Correcting an incorrect endorsement

[chaimpoto]

Many thanks for the link;

This is what it says:

""""ECB19.1 When an endorsement is required

There will be occasions when an applicant has reason to believe, usually after arrival in the UK, that their visa has not been issued with the correct endorsement. When Post has been contacted by a member of the public or their representative, and is satisfied that the endorsement is incorrect the following action should be taken: """""""

Do they mean that my wife should contact british embassy in India where her visa was issued?

Or is there a possibilty the home office in UK could solve this? If so would we need to send them proof of duration of marriage or will they have a copy of all the docs, presuming embassy in India hhas sent it?

Do you think my wife could take a chance and send letter along with application for ILR and both the correction of endorsement and then based on that processing of ILR (before the 24 months is up)?

Also if we contact either Embassy in India or home office here in UK wil our adopted childrens visas have to be changed in any way?

Its clear that my wifes will have to be endorsed KOL reqd but as children are very small what will be changed in thier visa to reflect this variation of ILE as currently they are on fixed leave to enter-27 months as endorsed in their passports" ACC Mother /CYR (Fathers name)

[UKGuyLondon]

Hi,

I am in a similar situation as you. Been married for 7 years, British by Descent and got endorsement of D-Spouse for my wife and D-To acc mother/cyr for my 2 year old son on their 27 month visas.

I believe we should have been given ILE(KOL Req). Now, we will probably have to apply for ILR once we get to UK and pay the ILR fee again...

Not sure whether UKBA will change endorsement to ILR without any fee. I will have my wife take the KOL test before we go to UKBA though in the hope that the endorsement is changed to ILR on the spot.

Comments welcome since you are in the same boat as me!

[chaimpoto]

Hi,
Thanks for telling about your similar experience. The thing is now I am confused as to what to do. Should we go ahead and apply for ILR before the 24 months is up and just assume that they will understand their error, correct their error and issue ILR.
Or will they reject the application for ILR because we are applying before 24 months just because it dosent say SPOUSE (KOL REQD) even though the documents provided show we are married more than 4 years?

What I mean is will they take the time to see the accompanyind documents and covering letter? Or do they expect us to get the error corrected first and then apply for ILR? If so what is the procedure?

[UKGuyLondon]

Best to go there and find out. I am in Pakistan currently and therefore cannot go meet them. If the agency is accessible to you, I would advise you to go there.

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