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Discussion Starter · #1 ·
Hi,

Hi I am an Aussie woman married to a UK citizen. We have 3 kids. We have been married for over 28yrs and I am hoping that will that give us KOL on our passports automatically. We do not want to arrive in the UK until after December. However, is it possible to apply for settlement visas early (in May) and lock-in the "KOL", thereby avoiding any dreaded changes!

I am assuming that with KOL on our passports the time constraints associated with the 27 month visa won't apply.

Also our eldest Son turns 18 in November, we have been advised that as long as our visa is pre-dated his birthday that arrival after he turns 18 is OK?

We would appreciate any advice.

Thanks,
 

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Hi,

Hi I am an Aussie woman married to a UK citizen. We have 3 kids. We have been married for over 28yrs and I am hoping that will that give us KOL on our passports automatically. We do not want to arrive in the UK until after December. However, is it possible to apply for settlement visas early (in May) and lock-in the "KOL", thereby avoiding any dreaded changes!

I am assuming that with KOL on our passports the time constraints associated with the 27 month visa won't apply.

Also our eldest Son turns 18 in November, we have been advised that as long as our visa is pre-dated his birthday that arrival after he turns 18 is OK?

We would appreciate any advice.

Thanks,
If your UK citizen husband is a citizen otherwise than by descent, then your kids are UK citizens entitled to UK passports and won't need visas.

You can apply for a visa up to 3 months before you intend to travel, so no. The earliest you can apply would be September if you intend to travel in December. That is why the visa is valid for 27 months and not the 24 months required before you can apply for ILR. It's 3 month's leeway.
 

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Discussion Starter · #3 ·
How early can I apply for settlement visa's (assuming KOL REQ)?

Thanks, yes I should have mentioned my spouse is UK by Descent, so the kids will need VISA's.
 

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I am assuming that with KOL on our passports the time constraints associated with the 27 month visa won't apply.
With KOL required, once you pass the Life in the UK test, you can then immediately apply for Indefinite Leave to Remain, rather than waiting the 24 month residency period required on a normal spouse visa.

**Of course these are the rules at this very moment and subject to change in the near future as you noted in your original post.
 

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Discussion Starter · #5 ·
subject to change in the near future

So would applying earlier than the normal 3 months prior to departure make sense in our case? This would be based on getting immediate ILR on arrival.
 

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So would applying earlier than the normal 3 months prior to departure make sense in our case? This would be based on getting immediate ILR on arrival.
I could be wrong here but I don't think you can apply any earlier than 3 months before the departure. Beside, even if you can, the best visa stamp you will receive on your passport is KOL-REQ and you must sit Life-In-The-UK test in the UK before you can apply for ILR.
 
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