"Code 1" and "KoL Req" questions

[pkmuldoon]

Hi all

We applied for a visa for my wife (spouse settlement) and my adopted daughter (adopted person settlement). I am a British citizen living in the US with them, and have been for 10 years. We have been married for 10 years.

Both visas were issued, have 2 years in expiry, both both have "Indefinte leave to remain" crossed out and "Code 1" hand written above the crossed out leave statement. My wife's also has "KoL Req" in hers. My adopted daughter is < 18. I am the sponsor for both visa applications.


So my questions are:

What is Code 1?
Why is Indefinite Leave to Remain printed on the visa, then crossed out (straight line with a blue ball point pen) and the above code written above the statement?
What is KoL?

If there is not indefinite leave, how long are these visas valid for?

Thanks!

[transpondia]

kol req = knowledge of life required.

Your wife qualified for ILE in all respects but did not receive it because she did not include a KOL certificate showing she passed the test.

So in lieu, your wife and daughter got the standard 2 year probationary visa.

[John]

pkmuldoon, your adopted daughter, you and your wife have adopted the child? If so, isn't the child a British Citizen? You may not know the answer to that, but comment from others would be appreciated.

The visas? Do they make any reference to a 2-year period? I think that explanation from transpondia is correct, but feel that the visas should not have been altered in that way.

[pkmuldoon]

John

We have two children. Both are my wife's natural born children. The oldest was my step daughter, whom I later adopted. The other is from our marriage and is our natural born child. He already has a british passport. My wife and adopted daughter have US passports. According to British Immigration law which was changed I think a couple years ago, adoption does not convey automatic citizenship rights - even more so if done in a non-UK court. So we had to go down the route of adopted child or dependent of the spouse visa. As both cost the same, we elected the adopted child visa as the application is "freestanding" and not tied to the other.

transpondia

Ah I see. So that means, really, unless you are in the unique situation of having taken the KoL test in Britain, and also are back in the country you were born in when you apply for the visa, there are no more ILE visa issued then?

What does Code 1 mean exactly?

John, I have no idea why the visas were altered in that way. The expire in exactly two years, I know that. I'm not disappointed or anything, I fedex'd the packages on Friday, got there on Monday, and we had the passports back in our hand on Wednesday, when I asked the question. I was surprised at the speed, 3 days, including transit time. Did not need to go for an interview to the Chicago office or anything.

As long as I can change to ILR later (after 22 months and 745 pounds x 2?) that is ok? Is that just a formality later on down the line? Will I have to reprove our marriage? I do NOT have the "no recourse to public funds" bar on either visa which I was expecting. Why is that? Looking at this forum, it seems pretty common to have it?

[John]

As long as I can change to ILR later (after 22 months and 745 pounds x 2?) that is ok?

Actually the application cannot be made after 22 months. It needs to be made not earlier than 28 days before the 2nd anniversary of the arrival date in the UK, and no later than the expiry date on the visas.

Also the child can be entered on to the form SET(M) application form, so only one fee payable. Currently £750 by post, or £950 in person at a PEO, but who knows how much in nearly 2 years time.

Don't overlook that your wife will need to pass the Citizenship Test in order to be able to apply for ILR in nearly 2 years time.

Adoption by you not leading to British Citizenship? I shall let others more knowledgeable on Citizenship matters to comment about that.

"No recourse to Public Funds"? Yes I would have expected that. Yet more proof that the British Consulate that issued the visas really mucked up on what they issued. IMHO they should have scrapped/cancelled those ILE visas and issued proper 2-year visas, rather than trying to change.

In practice the "No recourse to Public Funds" probably would have made no difference. It does not stop you, a British Citizen, from claiming Child Benefit, and it does not stop you and your wife jointly claiming Tax Credits.

[pkmuldoon]

Adoption by you not leading to British Citizenship? I shall let others more knowledgeable on Citizenship matters to comment about that.

From the passport form C2:

If the child was adopted OUTSIDE the
United Kingdom* or a qualifying territory
by (a) British citizen parent(s);

Adoption overseas does NOT by itself confer British
nationality. If the child was adopted outside the United
Kingdom* or OUTSIDE a qualifying territory after 20 May
2002 you should state the date and place of adoption and
nationality of adoptive parents in Section 6 and consult the
nearest British Consulate, Embassy or High Commissio

Contacting a UK embassy on this matter is nigh impossible, you have to use the paid-for ABTRAN service and they said, nope, have to get an adopted child visa and go ahead and pursue citizenship when there through the courts. I was surprised as well. All in all, decided to go the visa route.

So anyway, it looks like they are issuing the old style visas but altering them post -fact due to the new KoL requirements. What a pain!
[/quote]

[Directive/2004/38/EC]

Both visas were issued, have 2 years in expiry, both both have "Indefinte leave to remain" crossed out and "Code 1" hand written above the crossed out leave statement.

Normally when you apply from outside the UK, you get ILE (Indefinitely leave to Enter) with an expiry date indicating the last possible date the ILE can be used for entering the UK the first time. As long as you enter before then, the validity is forever (assuming you are living in the UK).

Are you sure you do not have an ILE?

[John]

Directive/2004/38/EC, the rules changed at the beginning of April .... a further condition added ..... ILE not possible unless the UK's Citizenship Test has been passed.

[transpondia]

John, given the KOL req remark in her passport, would she be able to take the test and to apply successfully for ILR within the UK without the 23 months probationary period? This question is unclear.

[pkmuldoon]

Are you sure you do not have an ILE?

Gosh you are right, I really needed to put my reading glasse on. Now I am *really* confused.

So let me start again, without confusing you all. Both my wife and daughter have been issued UK Entry Clearance documents in thier US passports. Wife's is: settlement spouse.Daughter is: settlement - adopted child.

Both clearance documents have in the observation section:

"Indefinite Leave to Enter UK"

which is has a line through it, like a strikethru. Like someone took a ruler, a blue pen and manually drew a strikethru line. Then it has "Code 1" handwritten above. Wife's has KoL required written in it too.


The section Valid from has 05/09/07 and Valid until 05/09/09

Question:

What does "Indefinite Leave to Enter UK" mean?
Why is that crossed out on BOTH uk entry clearance documents, with the words "Code 1" hand written on top on both.

[SYH]

So why are you starting the post over again??

[pkmuldoon]

Ok I've found a code list here (right at the end):

http://www.ukvisas.gov.uk/servlet/Front ... 6517814901

That has a fairly good rundown of the codes and endorsements. Seems like Code 1 entails the type of visa and requires other endorsements. Code 1 should have the endorsement:

"No recourse to public funds".

No idea why they put a strikethru the "Indefinite Leave to Enter UK" though. This is all pretty vexing

[John]

The British Consulate in the US really should have cancelled those visas and put in proper 2-year visas. Having mentioned "Code 1" on the visas maybe they are just hoping that the Immigration Officer at the UK Port of Entry will apply the correct rubber stamps?

pkmuldoon, when you all get to Heathrow, or wherever, I suggest you all go together through the non-EEA channel. Your are British and thus you could go through the EEA channel, but stay all together in the non-EEA channel, and go forward to the the Immigration Officer as a family group, handing over all the passports together.

That way you will be there to help explain the situation. Expect a bit of a delay while the IO checks the situation, and maybe even consults with his/her immediate superior. Yes you will all be admitted, but the writing on the visas is not good and is liable to confuse.

[pkmuldoon]

The British Consulate in the US really should have cancelled those visas and put in proper 2-year visas. Having mentioned "Code 1" on the visas maybe they are just hoping that the Immigration Officer at the UK Port of Entry will apply the correct rubber stamps?

pkmuldoon, when you all get to Heathrow, or wherever, I suggest you all go together through the non-EEA channel. Your are British and thus you could go through the EEA channel, but stay all together in the non-EEA channel, and go forward to the the Immigration Officer as a family group, handing over all the passports together.

That way you will be there to help explain the situation. Expect a bit of a delay while the IO checks the situation, and maybe even consults with his/her immediate superior. Yes you will all be admitted, but the writing on the visas is not good and is liable to confuse.

Yes will do. I do that anyway, it's not too much of a hassle. All a bit disappointing really considering the cost of these visas. Maybe endorsing them to downgrade them is common practice, who knows?

[transpondia]

John, given the KOL req remark in her passport, would she be able to take the test and to apply successfully for ILR within the UK without the 23 months probationary period? This question is unclear.

Answering my own question (having now received confirmation): no.

[JAJ]

From the passport form C2:

If the child was adopted OUTSIDE the
United Kingdom* or a qualifying territory
by (a) British citizen parent(s);

Adoption overseas does NOT by itself confer British
nationality. If the child was adopted outside the United
Kingdom* or OUTSIDE a qualifying territory after 20 May
2002 you should state the date and place of adoption and
nationality of adoptive parents in Section 6 and consult the
nearest British Consulate, Embassy or High Commissio

Contacting a UK embassy on this matter is nigh impossible, you have to use the paid-for ABTRAN service and they said, nope, have to get an adopted child visa and go ahead and pursue citizenship when there through the courts. I was surprised as well. All in all, decided to go the visa route.

Pursue citizenship through the courts? What on earth have they been telling you??

In fact, if it's a bona fide adoption and your child is under 18, you can apply immediately for British citizenship by registration under section 3(1) of the British Nationality Act 1981.

The child does not have to be resident in the UK, however this route to British citizenship closes at age 18 and there is no flexibility on the age limit.

The Home Office caseworking guidelines are in section 9.8 of this pdf document

Separately, if you haven't got U.S. citizenship you may want to think about naturalisation before you leave.