# Regarding SETTLEMENT SPOUSE/CP(KOL REQ)



## pauly.mcnamara (Nov 30, 2011)

We are close to submitting papers for my wife's settlement application. There is however, one question that's lingering over my head, which is as follows:

What can an applicant do in a scenario when incorrect settlement visa is issued, where an applicant, who has been married to a UK spouse for 4 plus years, instead of being issued with *SETTLEMENT SPOUSE/CP(KOL REQ)* is issued with regular SPOUSE/CP visa where a couple has been married for less than 4 years. 

Is there anyway applicant can appeal to correct this error so that they are reissued with correct stamp hence able to apply for ILR as soon as arriving in the UK after completing the Life-in-the-UK test? Also, if it is possible then should this be done prior to moving into the UK or in the embassy which issued the visa outside the UK or can be done either place?


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## Joppa (Sep 7, 2009)

pauly.mcnamara said:


> We are close to submitting papers for my wife's settlement application. There is however, one question that's lingering over my head, which is as follows:
> 
> What can an applicant do in a scenario when incorrect settlement visa is issued, where an applicant, who has been married to a UK spouse for 4 plus years, instead of being issued with *SETTLEMENT SPOUSE/CP(KOL REQ)* is issued with regular SPOUSE/CP visa where a couple has been married for less than 4 years.
> 
> Is there anyway applicant can appeal to correct this error so that they are reissued with correct stamp hence able to apply for ILR as soon as arriving in the UK after completing the Life-in-the-UK test? Also, if it is possible then should this be done prior to moving into the UK or in the embassy which issued the visa outside the UK or can be done either place?


You should appeal or ask for Entry Clearance Manager's review straightaway before travelling to UK. Otherwise you may have to wait 2 years before applying for ILR.

Remember the decision to issue a settlement visa subject to KOL is at the discretion of UKBA. I have known people who, even though married longer than 4 years, were nonetheless issued with a regualr spouse visa requiring 2-year residence. This is usually because there was some doubt over the durability of their relationship or financial resources were on the borderline. While such cases are rare, they do happen.


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## pedalmonkey (Jan 21, 2012)

Joppa said:


> You should appeal or ask for Entry Clearance Manager's review straightaway before travelling to UK. Otherwise you may have to wait 2 years before applying for ILR.
> 
> Remember the decision to issue a settlement visa subject to KOL is at the discretion of UKBA. I have known people who, even though married longer than 4 years, were nonetheless issued with a regualr spouse visa requiring 2-year residence. This is usually because there was some doubt over the durability of their relationship or financial resources were on the borderline. While such cases are rare, they do happen.


Joppa,

Just curious as my Visa was not a KOL either and was the Spouse/CP one even though we were married for 9 years. Is this something worth trying to correct? What exactly is the difference between the two?

Pedalmonkey

EDIT:
Then whilst trying to suss it all out I found this on another forum...


Thank you for your enquiry. 

Indefinite Leave to Enter is no longer granted due to the introduction of the Life in the UK test. Instead those who have been living abroad in a relationship akin to marriage are granted two years Leave to Enter in order for the applicant to complete the Life in the UK test. Once the test has been successfully completed the applicant is able to apply for Indefinite Leave to Remain using the SET(M) application form, this can be done at any time during the two years. The applicant does not have to wait until they have completed 23 months in the UK.

Yours sincerely, 


Immigration Group 
UK Border Agency

Confused


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## Joppa (Sep 7, 2009)

pedalmonkey said:


> Joppa,
> 
> Just curious as my Visa was not a KOL either and was the Spouse/CP one even though we were married for 9 years. Is this something worth trying to correct? What exactly is the difference between the two?


As I said, it 's up to the ECO to decide whether to grant you 27-month settlement visa with KOL endorsement or not. You can appeal or ask to review their decision why you weren't given KOL REQ.



> Then whilst trying to suss it all out I found this on another forum...
> 
> 
> Thank you for your enquiry.
> ...


That's what I've said. If you have KOL REQ endorsement, you only need to pass your Life in the UK test on arrival and can apply for ILR straightaway without having to wait 2 years. If you don't have KOL endorsement, because you haven't been together 4 years or some other reasons, you have to pass your test and wait 23 months (4 weeks short of 2 years).


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## pedalmonkey (Jan 21, 2012)

Joppa said:


> As I said, it 's up to the ECO to decide whether to grant you 27-month settlement visa with KOL endorsement or not. You can appeal or ask to review their decision why you weren't given KOL REQ.
> 
> 
> 
> That's what I've said. If you have KOL REQ endorsement, you only need to pass your Life in the UK test on arrival and can apply for ILR straightaway without having to wait 2 years. If you don't have KOL endorsement, because you haven't been together 4 years or some other reasons, you have to pass your test and wait 23 months (4 weeks short of 2 years).


Sorry, I didn't mean to be redundant with my questions. 

I think after reading so much and trying to absorb everything it all starts to run together.

I can't really see any huge benefit to having the ILR earlier, aside from the cost most likely going up, so I will just leave it. 

Thanks again.


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## manny.j (Dec 4, 2011)

pedalmonkey said:


> Sorry, I didn't mean to be redundant with my questions.
> 
> I think after reading so much and trying to absorb everything it all starts to run together.
> 
> ...



I think you are not realizing advantages of applying for ILR as early as possible after sitting LITUK test:

1. The current requirements are significantly less than what they maybe 2 years from now. Why take a chance and then come under more challenging rules?

2. Once 2 years are up, you have to either apply for an extension to stay in the UK or for Indefinite Leave to Remain. i.e. its likely to cost more in 2 years than now.

3. There is also gaining peace of mind by getting ILR as soon as possible. Once you obtain ILR visa, you will have more independence in moving to the US with possibly less time restrictions etc.

4. Finally, you will be on a relatively fast-track to gain UK citizenship as you will circumvent having to wait for additional 2 years like many are required to prior to applying to ILR.


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## pedalmonkey (Jan 21, 2012)

manny.j said:


> I think you are not realizing advantages of applying for ILR as early as possible after sitting LITUK test:
> 
> 1. The current requirements are significantly less than what they maybe 2 years from now. Why take a chance and then come under more challenging rules?
> 
> ...



Well, I have no interest in obtaining UK citizenship. As long as my movement is not restricted in visiting home (US) and reentering the UK then cost is the only real plus to the ILR sooner than later? I am thinking we will be there 5-10 years at the most then will be coming back home to the (US) permanently.

They stamped my passport as of the day she approved it which was a month earlier than I had originally requested and they advised me to travel within the month. So that does not leave me a lot of time to be mailing this visa back and forth if they even would correct it. Which I believe they would as neither of the factors mentioned for not granting it apply to me. This was a pretty straight forward process. Of course, I could be wrong. It has been known to happen before and I realize that it is up to them to decide. 

Thanks for replying, pedalmonkey


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