"P Pron" wrote in message
> FaqMan wrote:
> || "P Pron" wrote in message
> || news:46ua88FchurrU1@individual.net...
> ||| FaqMan wrote:
> ||||| "P Pron" wrote in message
> ||||| news:46u40vFcv3loU1@individual.net...
> |||||| FaqMan wrote:
> |||||||| "JAJ" wrote in message
> |||||||| news:dckOf.3163$Xl.email@example.com...
> ||||||||| "FaqMan" wrote:
> ||||||||||| I think you're misunderstanding my point. Surely the spouse
> ||||||||||| still needs a
> ||||||||||| spouse settlement visa? She can't just pitch up at a port of
> ||||||||||| entry without prior entry clearance, and be given ILE...
> ||||||||||| paul
> |||||||||| No, she would not 'pitch up at a port of entry', but rather
> |||||||||| apply at a consulate using the VAF2 form. She would check
> |||||||||| the first box, and if the application were approved, she
> |||||||||| would receive permanent residence - not a spousal visa.
> ||||||||| But it would be a permanent resident visa granted on the
> ||||||||| basis of being a spouse, no?
> |||||||| Indeed, but that does not make it a spousal visa. For example,
> |||||||| she would enter the UK under Paragraph 18 rather than Paragraph
> |||||||| 281 - which is a rather large difference.
> |||||| So what, exactly, is a "spousal visa"? Google site searches on
> |||||| that phrase on both the UKVisas and IND websites both give nil
> |||||| returns.
> ||||| In the "Type" field of the visa, it says either "VISA HUSBAND,
> ||||| Spouse of ..." or "VISA WIFE, Spouse of ...." The expiration date
> ||||| is two years from the issuance date. It also states "No recourse
> ||||| to public funds". There is also the abbreviation "MULTI" =
> ||||| Multiple entry.
> ||||| On the ILE visa, it says "INDEFINITE" and there is no reference to
> ||||| being a spouse or access to public funds. The expiration date is
> ||||| set to the expiration of the passport.
> ||| Oh, I see...
> ||| And the applicant doesn't have to meet any of the requirements as
> ||| regards support and accommodation, and the ned to have met, etc,
> ||| which normally apply to spouses? They just need to have been
> ||| married for four years... Is that right?
> ||| paul
> || If they are married and can produce a marriage certificate, UKVisas
> || is usually willing to concede that the couple have met.
> || It's not clear where you want to take this, but I interpret the tone
> || above to be sarcastic, so I'll bow out. The last word is yours if
> || you want it...
> I point that I was getting towards before you "bowed out" was that, given
> that the phrase "spousal visa" doesn't appear anywhere in the Immigration
> Rules, to characterise it as anything other than simply a visa issued by
> virtue of the applicant being a spouse is confusing.
> AIUI, if a person, married to a British citizen, wishes to settle in UK,
> then whether the marriage has lasted for 4 minutes or 4 years, they have
> meet the standard requirements of the Immigration Rules as regards
> funds to support them without recourse to public funds, adequate
> accommdation, etc. They are applying for a visa to settle in UK as the
> spouse of a BC, and this is what most people would interpret as being a
> "spousal visa" application - if they were familiar with the term.
> Yes, there is a provision whereby people who have been married for a long
> time will be given "settlement" (ie indefinite leave to enter the UK)
> _immediately_ the visa is issued, whereas people whose marriages have
> place more recently are given have to "serve" a probationary period of two
> years before being given indefinite leave to remain. But this doesn't
> the fact that, regardless of the duration of the marriage, what they are
> applying for before they get to UK is a visa to settle in UK as the spouse
> of a BC - hence it is a "spousal visa", whether it results in settlement
> immediately or later on.