[MLH]

So, the excitement has fizzled out a little as we are now confused with what we have got.

We got the email telling us that the visas were issued and my husband went to pick up the passports and paperwork from the office today.

We found two things that are troubling us:

1. My daughter's Visa has MY name spelled wrong! It's one letter, and phonetically it's correct, but it's not right.

What should we do about it? Anything or nothing?

2. The other thing is clearly not a show-stopper, but confusing and more than a little dissapointing. Having been granted Leave to Enter, we are now wondering what happens next.

For us, and I'm not sure if this is common, there is NOTHING with the passports that tells us what to do next. No welcome. No congratulations. Not even "here you go". For the 8lbs of paper we sent in, we got two stickers back.

We were hoping that we met the requirements that meant that my daughter and I could apply for Ind' Leave to Remain (Permanent Residency) in the UK immediately and not wait for 26 months.

At this point we don't know what the status is.

Prior to sending in the application "KOL" sounded like what we were expecting. We know that some people on this forum feel that "KOL" is discretionary and NOT always granted, but looking at the rules - para 281 - and 2.7 IMMIGRATION DIRECTORATE INSTRUCTIONS it appears we should have qualified for that. However, the visas actually read:

Mine: "SPOUSE/CP - Spouse/CP of "[Husband's Name]

My daughter's: "TO JOIN PARENT(S) "[My Name]

Does "KOL" even mean what we think it does? What are the requirements that would mean that we would not need to wait for two years to apply for ILR? We sent in supporting evidence (income tax document showing the date my husband achieved residency status for income tax purposes, living at the same address as common-law spouse and our marriage cert) which clearly showed that we had been living together for more than 4 years at the time that the visa was granted. Are we missing something?

Is this something we should appeal offically? They haven't actually denied us...or is this something we should simply bring to the attention of WorldBridge or UKBA and expect that they would "correct their mistakes"?

For the avoidance of any doubt.... we are glad to have the visas. We don't want to cause any problem or delay in getting on the plane, etc. ...but at this stage we are hesitant to book a flight until we know what to do.

The visa is due to start on July 1st (which was our requested date). If we have to do anything to make changes prior to getting on a plane, which we almost booked tonight for July 2nd, we would hope not to create a delay. In fact we wont have a home after June 30th, so it kinda focuses the mind a little.

Any helpful advice would be gratefully appreciated.

 

[Joppa]

So, the excitement has fizzled out a little as we are now confused with what we have got.

We got the email telling us that the visas were issued and my husband went to pick up the passports and paperwork from the office today.

We found two things that are troubling us:

1. My daughter's Visa has MY name spelled wrong! It's one letter, and phonetically it's correct, but it's not right.

What should we do about it? Anything or nothing?

2. The other thing is clearly not a show-stopper, but confusing and more than a little dissapointing. Having been granted Leave to Enter, we are now wondering what happens next.

For us, and I'm not sure if this is common, there is NOTHING with the passports that tells us what to do next. No welcome. No congratulations. Not even "here you go". For the 8lbs of paper we sent in, we got two stickers back.

We were hoping that we met the requirements that meant that my daughter and I could apply for Ind' Leave to Remain (Permanent Residency) in the UK immediately and not wait for 26 months.

At this point we don't know what the status is.

Prior to sending in the application "KOL" sounded like what we were expecting. We know that some people on this forum feel that "KOL" is discretionary and NOT always granted, but looking at the rules - para 281 - and 2.7 IMMIGRATION DIRECTORATE INSTRUCTIONS it appears we should have qualified for that. However, the visas actually read:

Mine: "SPOUSE/CP - Spouse/CP of "[Husband's Name]

My daughter's: "TO JOIN PARENT(S) "[My Name]

Does "KOL" even mean what we think it does? What are the requirements that would mean that we would not need to wait for two years to apply for ILR? We sent in supporting evidence (income tax document showing the date my husband achieved residency status for income tax purposes, living at the same address as common-law spouse and our marriage cert) which clearly showed that we had been living together for more than 4 years at the time that the visa was granted. Are we missing something?

Is this something we should appeal offically? They haven't actually denied us...or is this something we should simply bring to the attention of WorldBridge or UKBA and expect that they would "correct their mistakes"?

For the avoidance of any doubt.... we are glad to have the visas. We don't want to cause any problem or delay in getting on the plane, etc. ...but at this stage we are hesitant to book a flight until we know what to do.

The visa is due to start on July 1st (which was our requested date). If we have to do anything to make changes prior to getting on a plane, which we almost booked tonight for July 2nd, we would hope not to create a delay. In fact we wont have a home after June 30th, so it kinda focuses the mind a little.

Any helpful advice would be gratefully appreciated.

Yes, query about spelling of your name.

As for your visas, so there is no mention of 'KOL REQ' on the vignettes (stickers) anywhere? It looks like you've got 27-month settlement visa and have to wait 2 years before applying for ILR having first passed Life in the UK test. I'd query about it, but the rules state UKBA 'may grant', not 'will'. I have known others who didn't get it even after being married 4+ years and UKBA didn't change its mind after quering it.

Send your query by email, address you find on WorldBridge site. Quote your application number. Don't send anything back by mail, until you are told to do so.

 

[nyclon]

1. My daughter's Visa has MY name spelled wrong! It's one letter, and phonetically it's correct, but it's not right.

What should we do about it? Anything or nothing?

You need to get this corrected before you travel. You should have an email address in your paperwork or respond to the email address you have telling them the name is incorrectly spelled and you will be given instructions on how to send it back so that it can be corrected. This usually takes just a few days.

Mine: "SPOUSE/CP - Spouse/CP of "[Husband's Name]

My daughter's: "TO JOIN PARENT(S) "[My Name]

Does "KOL" even mean what we think it does? What are the requirements that would mean that we would not need to wait for two years to apply for ILR? We sent in supporting evidence (income tax document showing the date my husband achieved residency status for income tax purposes, living at the same address as common-law spouse and our marriage cert) which clearly showed that we had been living together for more than 4 years at the time that the visa was granted. Are we missing something?

Is this something we should appeal offically? They haven't actually denied us...or is this something we should simply bring to the attention of WorldBridge or UKBA and expect that they would "correct their mistakes"?

If your vignette does not contain the words "KOL required" then you have been issued a spouse visa and in order to qualify for indefinite leave to remain, you must satisfy the 24 month residency period. I don't believe you have any recourse.

 

[MLH]

Thank you both for your time. I will be sending an email questioning both.

Sadly, I think the wording for those applying is slightly different to those in the rules that entry clearance officers look to for guidance.

The information I read was :

"Spouses applying for indefinite leave to enter who have completed 4 years as the husband/wife of a person who is present and settled in the United Kingdom, or who is on the same occasion being admitted for settlement, will (unless aged under 18 or aged 65 or over) need to fulfil the knowledge of life and language in the UK requirement in order to satisfy paragraph 281(i)(b)(ii).

If a person meets the requirement in paragraph 281(i)(b)(i) in having completed a period of 4 years as the husband/wife of the sponsor, and having lived together outside the United Kingdom during that period, but does not meet the knowledge of life requirement, they will be admitted for an initial period not exceeding 27 months. They will be able to apply for indefinite leave as soon as they meet the knowledge of life requirement. They will not need to complete two years probationary leave in this category in the UK before applying for indefinite leave.

These applicants *should* be issued with an entry clearance endorsed "Settlement Spouse/ CP (KOL REQ): 2 years: Code 1”.

Further guidance on KOL is to be found in Modernised Guidance at Modernised Guidance ."

I will let you know how I get on.

Thanks again.

MLH

 

[Joppa]

Thank you both for your time. I will be sending an email questioning both.

Sadly, I think the wording for those applying is slightly different to those in the rules that entry clearance officers look to for guidance.

The information I read was :

"Spouses applying for indefinite leave to enter who have completed 4 years as the husband/wife of a person who is present and settled in the United Kingdom, or who is on the same occasion being admitted for settlement, will (unless aged under 18 or aged 65 or over) need to fulfil the knowledge of life and language in the UK requirement in order to satisfy paragraph 281(i)(b)(ii).

If a person meets the requirement in paragraph 281(i)(b)(i) in having completed a period of 4 years as the husband/wife of the sponsor, and having lived together outside the United Kingdom during that period, but does not meet the knowledge of life requirement, they will be admitted for an initial period not exceeding 27 months. They will be able to apply for indefinite leave as soon as they meet the knowledge of life requirement. They will not need to complete two years probationary leave in this category in the UK before applying for indefinite leave.

These applicants *should* be issued with an entry clearance endorsed "Settlement Spouse/ CP (KOL REQ): 2 years: Code 1”.

Further guidance on KOL is to be found in Modernised Guidance at Modernised Guidance ."

I will let you know how I get on.

I suggest you do NOT quote chapter and verse in your query to UKBA, implying they have made a mistake and you should be given KOL REQ. Like everything else in the visa business, UKBA retains the power to use dicretion in its deliberations and decision making and you cannot demand anything or they act according to the published rules. I have known people who should have been given KOL REQ but didn't, and UKBA refused to change its mind even after a representation.

 

[mehemlynn]

Thank you both for your time. I will be sending an email questioning both.

Sadly, I think the wording for those applying is slightly different to those in the rules that entry clearance officers look to for guidance.

The information I read was :

"Spouses applying for indefinite leave to enter who have completed 4 years as the husband/wife of a person who is present and settled in the United Kingdom, or who is on the same occasion being admitted for settlement, will (unless aged under 18 or aged 65 or over) need to fulfil the knowledge of life and language in the UK requirement in order to satisfy paragraph 281(i)(b)(ii).

If a person meets the requirement in paragraph 281(i)(b)(i) in having completed a period of 4 years as the husband/wife of the sponsor, and having lived together outside the United Kingdom during that period, but does not meet the knowledge of life requirement, they will be admitted for an initial period not exceeding 27 months. They will be able to apply for indefinite leave as soon as they meet the knowledge of life requirement. They will not need to complete two years probationary leave in this category in the UK before applying for indefinite leave.

These applicants *should* be issued with an entry clearance endorsed "Settlement Spouse/ CP (KOL REQ): 2 years: Code 1”.

Further guidance on KOL is to be found in Modernised Guidance at Modernised Guidance ."

I will let you know how I get on.

Thanks again.

MLH

I don't know, but wonder if it is because the spouse visa could have been KOL REQ, but if the child visa couldn't. It would seem strange for you to have one sort of visa but your child to have another (although we know it does happen) Good luck with your e-mail.

I also remember someone saying that the visa process is going to be more strict until the new rules come into affect. If I remember correctly the KOL REQ was recommended to not continue with the changes, so maybe they are just being much more strict about giving out that option.

M

M

 

[MLH]

Well-so far, we have had a blanket response for both questions.

The response re: spelling error had a bit of information added in bold to tell us what to do about the problem raised, but the other did not-it simply told us everything we already knew about the rules to apply for settlement, but there was nothing added to explain what to do to get the endorsement changed.

So, I have sent a 2nd email to ask and whilst the response was different the 2nd time around, it was still the same sort of nonsense/avoidance.

No details about how to go about having it changed.

I agree mehemlynn-probably being vague whilst rules are changing etc.

Anyhow-I will be going into worldbridge again to have them send out for a new visa with the correct name this week. Will let you know if we find anything more.