# Need advice on spouse visa.



## qman383 (Mar 12, 2011)

Just applied for my spouse visa yesterday and I have my biometrics appointment on Wednesday. I am in US where I'm from and I have been married 5 years to my British wife in July. I have taken my knowledge of life test and passed it. My worry is now the only thing in the way is my wife not making enough money. Does anyone know if applications for spouse visas are denied or accepted only on the grounds of the financial requirement. My wife myself and our Dual citizen daughter who is in the UK with her mom have been separated since 2010. My wife is also a full time student. also I was just wondering if the UK embassy will accept my American passport photos as they are not the required UK size of 45x35 mm. I was unable to find anyone in my area to do the UK size. I had mine done at walgreens. Thanks for any advice.


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## AnAmericanInScotland (Feb 8, 2012)

qman383 said:


> Just applied for my spouse visa yesterday and I have my biometrics appointment on Wednesday. I am in US where I'm from and I have been married 5 years to my British wife in July. I have taken my knowledge of life test and passed it. My worry is now the only thing in the way is my wife not making enough money. Does anyone know if applications for spouse visas are denied or accepted only on the grounds of the financial requirement. My wife myself and our Dual citizen daughter who is in the UK with her mom have been separated since 2010. My wife is also a full time student. also I was just wondering if the UK embassy will accept my American passport photos as they are not the required UK size of 45x35 mm. I was unable to find anyone in my area to do the UK size. I had mine done at walgreens. Thanks for any advice.


Photos-I did mine at CVS, UKBA took them. Walgreens should be the same.

You have submitted and paid for your application pre-9 July so the current rules apply to your application dated yesterday. 

Make sure you note that you have passed the KOL-include the original and a photocopy of the statement of passing the test. I don't know if you will get the immediate ILR or not but I do know that other applicants who qualified for the KOL REQ endorsement did-please note at least two of them had to request a review because their first granted visa came back without the endorsement even though they met the outlined qualifications-on request for review, both applicants were requested to return their visa, which was then cancelled and reissued with the endorsement.

To restate-because your app is submitted and dated as pre-9 July 2012, you are subject to the current rules, not the ones coming into effect on 9 July-as long as you meet the pre-9 July rules you should be ok.


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## qman383 (Mar 12, 2011)

Thanks a bunch AnAmericanInScotland, this is making my family and myself a bit nervous, I will certainly note that I have the KOL


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## AnAmericanInScotland (Feb 8, 2012)

qman383 said:


> Thanks a bunch AnAmericanInScotland, this is making my family and myself a bit nervous, I will certainly note that I have the KOL


Trust me, been there done that on the nervous. You obviously meet the current rules or you would not have applied-don't forget that you need to meet the rules in effect NOW, not the ones that come into effect on 9 July. 

And the rules under which you have made your application (dated from the second you hit submit and your payment was recognised-if your payment hadn't been accepted you wouldn't have been able to make your biometrics appointment and print out your confirmation sheet with the barcode) will apply through your migration path.

Please keep us posted on your progress, especially if you get the ILR immediately or not.


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## qman383 (Mar 12, 2011)

Thanks again and I will post something once I get an approval or denial on my visa. Also what are your thoughts on the EEU human rights laws and making an appeal on that basis if I have to go that route?


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## AnAmericanInScotland (Feb 8, 2012)

qman383 said:


> Thanks again and I will post something once I get an approval or denial on my visa. Also what are your thoughts on the EEU human rights laws and making an appeal on that basis if I have to go that route?


Yikes, good luck with that. I'm reading the Statement line-by-line and they are really tightening that one up tight!


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## qman383 (Mar 12, 2011)

Just had a chance to read the new rules. My wife doesnt make enough under the old rules. Guess I only have a prayer now. This is making me sick. I haven't seen my wife and daughter since march when I was on visit.


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## JollyCynic (May 1, 2012)

qman383 said:


> Just had a chance to read the new rules. My wife doesnt make enough under the old rules. Guess I only have a prayer now. This is making me sick. I haven't seen my wife and daughter since march when I was on visit.


Don't worry too much. EVERYTHING from the old rules appears to apply. Everything from your earlier thread (http://www.expatforum.com/expats/br...y-job-states-when-i-apply-my-spouse-visa.html) still applies. Your (potential) income still applies.


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## qman383 (Mar 12, 2011)

Thanks JollyCynic, very uncertain times with all that is going on in UK at the moment. Can only hope that the ECO that handles my Visa will be a compassionate person. Really hope to be there with my family soon.


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## beijing06 (Apr 24, 2012)

AnAmericanInScotland said:


> Trust me, been there done that on the nervous. You obviously meet the current rules or you would not have applied-don't forget that you need to meet the rules in effect NOW, not the ones that come into effect on 9 July.
> 
> And the rules under which you have made your application (dated from the second you hit submit and your payment was recognised-if your payment hadn't been accepted you wouldn't have been able to make your biometrics appointment and print out your confirmation sheet with the barcode) will apply through your migration path.
> 
> Please keep us posted on your progress, especially if you get the ILR immediately or not.


Interesting, so how does the settlement / spouse proposed change work going from 2 to 5 years ? My girlfriend has submitted and paid for her visa already, and has her biometrics tomorrow. Will only the 2 year period apply to her then , not the 5 year proposal as she has applied before 9th July....


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## AnAmericanInScotland (Feb 8, 2012)

beijing06 said:


> Interesting, so how does the settlement / spouse proposed change work going from 2 to 5 years ? My girlfriend has submitted and paid for her visa already, and has her biometrics tomorrow. Will only the 2 year period apply to her then , not the 5 year proposal as she has applied before 9th July....


Because she's applied (hit submit and paid) before 9 July, all the old rules apply to her application.

Read the Statement of Intent available as a download on this page:

UK Border Agency | Family migration changes announced

Pay particular attention to numbers 23 AND 132. Answers all questions on pre-9 July apps.


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## beijing06 (Apr 24, 2012)

AnAmericanInScotland said:


> Because she's applied (hit submit and paid) before 9 July, all the old rules apply to her application.
> 
> Read the Statement of Intent available as a download on this page:
> 
> ...


Many thanks for your help.


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## qman383 (Mar 12, 2011)

AnAmericanInScotland. How long ago did you apply for your visa? I'm am a bit worried still about the size of my passport photos. The 2x2 I have seem quite a bit larger than the required size in the UK. I don't want them to have a reason like that to deny me. Also do I need to write my name on the back of the photo? Thanks


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## AnAmericanInScotland (Feb 8, 2012)

qman383 said:


> AnAmericanInScotland. How long ago did you apply for your visa? I'm am a bit worried still about the size of my passport photos. The 2x2 I have seem quite a bit larger than the required size in the UK. I don't want them to have a reason like that to deny me. Also do I need to write my name on the back of the photo? Thanks


I sent my application and supporting documents on 29 April 2011, photos were taken the previous week.

Re sizes, I went into the CVS and said 'I need a double set of passport pictures, please', so whatever size those are (will be listed on the website) are the size I got, and that size worked for UKBA NYC I'm not the only person here who successfully used CVS passport photos, and there were also successful applications using Walgreens passport photos. 

There are a couple of threads in the waaaaay-back, lol, and I think some of those threads were tagged, so you can use the search function here on the site to find those threads-there might be something in those threads that help you out on this. 

**I used a Sharpie and wrote my application number and name on the back of the photos. Easier on the ECO should it flutter off the desk if app number and name are clearly printed in non-smudge ink!


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## qman383 (Mar 12, 2011)

Thanks again for the advice, this site has been great and everyone here has been friendly and helpful. Just curious how are you adapting to life in Scotland?


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## AnAmericanInScotland (Feb 8, 2012)

qman383 said:


> Thanks again for the advice, this site has been great and everyone here has been friendly and helpful. Just curious how are you adapting to life in Scotland?


Complicated answer, lol! My family is from here, technically I am only two generations out of Caithness (paternal grandfather born in the US whilst his parents were here on business, he returned to Scotland with them but then came back to the US as an adult. Married, had me dad, but maintained close ties to Scotland and is buried next to his parents in Thurso).

My mother was Welsh, lived in England after the divorce, and I spent my childhood shuttling between a California cattle ranch and Mum's place in Lancashire. She was conscientious-she made sure we visited the Caithness family regularly. 

I didn't go to US public school until 14 and wasn't around Americans until then, really-so moving countries to Scotland has more like coming home to me. Language, customs, very little difficulty adjusting.

Plus, lol-I lived most of my adult life in the American South-how do I like living in Scotland?

I LOVE IT!!! Holy moly, I though the heat and humidity of AL, FL, and GA were going to kill me


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## qman383 (Mar 12, 2011)

Lol I know first hand your pain with humidity as I live in Eastern Tennessee it can get quite muggy here and I hate it. You have quite an exciting upbringing traveling around. Glad you are where you want to be . My wife is from Southend On Sea, Essex and she lived here in the States for 1/ years. She said that she never fully adjusted to life here so she wanted to go home. I had visited for a month back in 2003 and fell in love with it in England. I love it there probably due to it being so different to here, lol. I really want to visit Scotland and might have the chance to do that if all goes well with my visa. I use to have a friend that lived in Dundee.


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## qman383 (Mar 12, 2011)

Sorry typo meant to read my wife was here in the US for 12 years


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## AnAmericanInScotland (Feb 8, 2012)

qman383 said:


> Lol I know first hand your pain with humidity as I live in Eastern Tennessee it can get quite muggy here and I hate it. You have quite an exciting upbringing traveling around. Glad you are where you want to be . My wife is from Southend On Sea, Essex and she lived here in the States for 1/ years. She said that she never fully adjusted to life here so she wanted to go home. I had visited for a month back in 2003 and fell in love with it in England. I love it there probably due to it being so different to here, lol. I really want to visit Scotland and might have the chance to do that if all goes well with my visa. I use to have a friend that lived in Dundee.


LOL, my husband and I spent our autumn holiday in Devon and fell in love with England because of it! If he were ever to leave Scotland I think that would be the only place he would consider going. 

We have friends in that area of Essex your wife is from, and it is really lovely-I can well understand your wife looking forward to getting home

We live north of Dundee and visit fairly often-you'll probably really enjoy visiting! Be sure to visit the waterfront attractions, but the historic areas as well, and OMGsh, do not miss the McManus art museum! 

Admission is free, and the exhibits are absolutely amazing. Last summer we viewed a Titian in a superb setting permitting up close and distance viewing. The museum is every bit as good as any I've seen in Los Angeles, NY, and other great American museum cities, just a little jewel of a museum.


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## jazz_9 (Jun 13, 2012)

*new rules for spouse visa*

i just want to confirm i am in uk and i have right to work full time. My earning is more then £18 K. My wife is birtish and she is working part time her income is £8k and she is not getting any type of benefits. I will submit my spouse visa application after 19 July. Does this rule effect on my application. IF i will add earnings so our earnings will be equal to £30K and we have no child or dependent.


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## AnAmericanInScotland (Feb 8, 2012)

jazz_9 said:


> i just want to confirm i am in uk and i have right to work full time. My earning is more then £18 K. My wife is birtish and she is working part time her income is £8k and she is not getting any type of benefits. I will submit my spouse visa application after 19 July. Does this rule effect on my application. IF i will add earnings so our earnings will be equal to £30K and we have no child or dependent.


First of all-you are here now with the right to work-what visa are you here on? Wait, don't answer...

The best thing for you to do right now is read the thread I've linked for you (follows) and then repost your question on that thread:

http://www.expatforum.com/expats/br...a-requirements-being-announced-next-week.html

Links are on that thread to UKBA and Home Office statements regarding the changes that may apply to you depending on the type of visa you are here on. 

*You can also scroll up in this thread to find a link to the UKBA information on the changes*. Happy reading


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## qman383 (Mar 12, 2011)

Hello AnAmericanInScotland, I have one question regarding funds. My wife makes under the amount needed to sponsor me under the old rules but not by much. If I have 7000 US dollars in savings to show I can support my self for 6 months do you think this will be enough to show? Also this was recently given to me by my great aunt and she will be writing a letter to explain this for me to send along with my bank statements.


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## AnAmericanInScotland (Feb 8, 2012)

qman383 said:


> Hello AnAmericanInScotland, I have one question regarding funds. My wife makes under the amount needed to sponsor me under the old rules but not by much. If I have 7000 US dollars in savings to show I can support my self for 6 months do you think this will be enough to show? Also this was recently given to me by my great aunt and she will be writing a letter to explain this for me to send along with my bank statements.


When you say she doesn't make enough (by a small amount) under the old rules, do you mean that the left over income after housing costs and council tax she doesn't have £112 (rounded up) per week left over? 

Plus aprox £65 per week per child if any?


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## qman383 (Mar 12, 2011)

Yes she is under that amount


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## AnAmericanInScotland (Feb 8, 2012)

qman383 said:


> Yes she is under that amount


There is a formula: apply the savings (can be yours and hers, separate or joint accounts) to the difference spread out over the probationary period-if you have applied or are applying before 9 July that's going to be the difference between the £112 (+£65 per child if any) and whatever she has left over at the end of each week. 

I can't do the math for you because I don't know the shortfall-only you and she know that, and truthfully you two (and the ECO) are the only ones who should know that

I am pretty sure what I've written for meeting it with the savings is correct-BUT LUCKILY if I am wrong someone will be along (hopefully quickly) to correct me so that you aren't sent down the wrong path.


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## qman383 (Mar 12, 2011)

Thank you again I had asked about the funds a while back and yes thank God I'm under the old rules as I'm sending my documents next week as I did biometrics yesterday. I have an attorney in England prepared to do an appeal for me if the finaces is going to be the issue, hoping also the ECO will have some compassion and factor in my wife also being a student and a full time mom without my being there and the the fact that I have been there for 4 months or more on each visit without being a burden on anyone there. I know it's 50/50 at the moment. Oh and I did use the formula under the old rules to figure things. Joppa was nice enough to give me the info for that. I will have to factor that in with my savings and see what comes up. Oh and thanks for the ideas on places to visit in Scotland, I can't wait to visit. I will keep you informed on the decision.


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## qman383 (Mar 12, 2011)

AnAmericanInScotland said:


> There is a formula: apply the savings (can be yours and hers, separate or joint accounts) to the difference spread out over the probationary period-if you have applied or are applying before 9 July that's going to be the difference between the £112 (+£65 per child if any) and whatever she has left over at the end of each week.
> 
> I can't do the math for you because I don't know the shortfall-only you and she know that, and truthfully you two (and the ECO) are the only ones who should know that
> 
> I am pretty sure what I've written for meeting it with the savings is correct-BUT LUCKILY if I am wrong someone will be along (hopefully quickly) to correct me so that you aren't sent down the wrong path.


Can you tell me what it means when you say "to the difference spread out over the probationary period-if you have applied. What is the probationary period. Sorry I still dont understand some of this when it comes to the finances. Thank you.


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## AnAmericanInScotland (Feb 8, 2012)

qman383 said:


> Can you tell me what it means when you say "to the difference spread out over the probationary period-if you have applied. What is the probationary period. Sorry I still dont understand some of this when it comes to the finances. Thank you.


If your application is successful you will be granted what is commonly called a probationary spouse visa. (There is a technical name for it, but generally we all say probationary 'cause it's quicker). 

The probationary period for successful applications granted or pending *pre-9 July* from outside the UK is 27 months. At 28 days before the end of the 24th month of residency in the UK you'll be able to apply for the Indefinite Leave to Enter. 

So-and here's where I'm not 100% clear...you divide your total savings amounts (her, yours, joint) by 24 OR 27 (the number of months to divide the savings by is what I'm not clear on), then divide it again by the number of weeks, and apply that number to the weekly shortfall to see if you will meet the required amount for your situation.

Oh wow, I've confused myself just trying to write that, lol! I hope that's readable and usable! Very seriously, we really are lucky to have people here on the expat board who are considerably more articulate than I am-one of them will correct and clarify if needed!

*ETA: hang on, I think there is a simpler way to explain that*. Look at a calendar. 52 weeks in a year. 52x2 (for 24 months)=104. Divide the amount of savings by 104, apply the result to the shortfall per week.

Now, do the same with 27 months by adding 12 weeks to 104 weeks=116. Divide the amount of savings by 116 and apply that result to the shortfall. 

Whew. I'm going to copy and paste that to a word.doc, lol, so I never have to figure it out again!


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## 2farapart (Aug 18, 2011)

On the basis of the qualifying rules AIS set out, the easiest way is to work out how short you are per week from the figures she has given you above, calculate what that shortfall is per month, and multiply that by 24 months (to cover the two year period of the spouse visa when qualifying for settlement under the old rules). Anything ABOVE that amount will be a help, but it really does depend on the balance of shortfall versus income because UKBA are becoming more picky about who they'll let in. If your savings are significantly higher than the amount needed, or the shortfall is only small, you should be okay.


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## AnAmericanInScotland (Feb 8, 2012)

2farapart said:


> On the basis of the qualifying rules AIS set out, the easiest way is to work out how short you are per week from the figures she has given you above, calculate what that shortfall is per month, and multiply that by 24 months (to cover the two year period of the spouse visa when qualifying for settlement under the old rules). Anything ABOVE that amount will be a help, but it really does depend on the balance of shortfall versus income because UKBA are becoming more picky about who they'll let in. If your savings are significantly higher than the amount needed, or the shortfall is only small, you should be okay.


Thank-you, I wasn't sure if it was 24 or 27 that the OP should use


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## qman383 (Mar 12, 2011)

AnAmericanInScotland and 2farapart thank you so much for helping me with all of this, it's all very stressful. AAIS you did better than I could ever do explaining all of this, lol. I am holding out hope that the ECO factors in everything and hopefully not just the finances. My wife has really done all she can being there without anyone to help her. I am writing a letter to send with my application and will try to explain things best I can. My 7 year old daughter also wrote a letter to the ECO pleading for them to let Daddy come home, lol. I guess what makes things more stressful is the fact that they are so strict of recent. We have also contacted the MP in the area in which my family is in England with a plea for help. Don't know if it will help but it's worth a shot. Does anyone know how the appeals process works, and how long it can take ? Oh also my wife's job hours have changed and she has a new contract which she sent me, do you think that will help? Thanks again.


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## qman383 (Mar 12, 2011)

Sorry also I forgot to add and I don't know if I'm correct that under the old rules since have been married and living outside of the UK more than 4 years and I have already taken the life in the UK test, would I qualify for ILR ?


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## AnAmericanInScotland (Feb 8, 2012)

The appeals process can take a while, up to six months to a year if I'm not mistaken. The good thing is that you will fall under the old rules if you decide to appeal a denial, which should make it easier.

As to the success of your application (or appeal if needed), I don't really know. 

The ECO has some discretion under the old rules (much less in the new on financials and a couple of other areas); but I do know that (per UKBA publications on their site, use search term: settlement application ECO discretion) under current rules ECOs look at applications according to immigration rules AND Article 8 (private and family life section) and that may make a difference, I don't know. You'll have to wait, and it shouldn't be too much longer as the processing timeline when you applied and submitted documents was fairly short.

You probably do qualify for the KOL REQ endorsement, and may actually get it, too, if your application is approved-however, with your financial situation the discretion the ECO has on that may see you on a probationary visa to see if you can bring the financials up to the old maintenance requirement after you arrive and are able to find employment.

As for submitting your wife's newer employment contract, since you've already submitted the application and your supporting documents, no, you can't add it to the application. Hopefully the new amount brings you into compliance financially? If yes, there's your appeal 

Also, the ECO may contact you during this determination process, and you can excitedly say "Oh hey, GREAT news! The wife got a raise!!!"


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## 2farapart (Aug 18, 2011)

You would, except the UKBA have been very reluctant of late to issue spouse visas with the KOL endorsement (take the Knowledge Of Life test and you can then immediatley apply for ILR).

This is being abolished with immediate effect under the new rules, but you could certainly try for it. A couple of people here who met the KOL endorsement criteria weren't awarded it, but after contacting the UKBA had the visas amended. It's not to say everyone will be successful, but you never know!


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## qman383 (Mar 12, 2011)

Thanks again, I guess the good news would be is that I have not sent the documents yet as my wife has just sent them from England. So the new work contract will be in there. I will be sending all documents next week and I will be paying the extra to expedite the Visa processing. I guess I just need to hope and pray that it all goes through. Thanks again, I'm sure I will have more ? Before I mail it next week.


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## qman383 (Mar 12, 2011)

I thought of another question. When they say the amount per week needed, do they specify after Rent and council tax. I am figuring all of my bills together with utilities and food and things like Internet and TV which we don't need to have live if it is just rent and council tax they figure it by I think we will be in good shape. Also I put on my application the amount figured with all bills included such as all the above mentioned, can I correct my application since I know I can't do it online any longer or should I type a letter explaining all of this? Also, my grandfather gifted me 5000 dollars to go away on and this will be added to my account Monday, should I have him write a letter stating the date and amount gifted to me and contact information? Sorry for all of the ?s. I just want to be sure as I am sending this next week and paying for the settlement priority service. Thanks for the help.


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## qman383 (Mar 12, 2011)

Sorry meant to add as well that I will be having the bank authorize my bank statements as well after the deposit is made. Do I need just 3 months of bank statements? Thanks again.


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## qman383 (Mar 12, 2011)

Thanks to all that gave me advice. I have finally sent out my visa application and documents to the consulate in NewYork settlement priority service. Will keep you posted regarding the outcome.


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## ddang (Jun 21, 2012)

AnAmericanInScotland said:


> Photos-I did mine at CVS, UKBA took them. Walgreens should be the same.
> 
> You have submitted and paid for your application pre-9 July so the current rules apply to your application dated yesterday.
> 
> ...



Hi I'm new to all of this but I'm trying to figure out this spouse visa as I'm trying to get over to my husband in the UK. I keep seeing post about ILR what is this? Thanks


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## nyclon (Apr 3, 2011)

ddang said:


> Hi I'm new to all of this but I'm trying to figure out this spouse visa as I'm trying to get over to my husband in the UK. I keep seeing post about ILR what is this? Thanks


Indefinite Leave to Remain. After you have lived in the UK on a spouse visa for 2 years if you applied for a spouse visa before 9 July or 5 years if you apply after that date, you then apply for ILR.


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## AnAmericanInScotland (Feb 8, 2012)

qman383 said:


> Thanks to all that gave me advice. I have finally sent out my visa application and documents to the consulate in NewYork settlement priority service. Will keep you posted regarding the outcome.


I'm praying for you and your family. I read your post on the other thread ('...changes...')-good points, good post. 

Do keep us posted. I'm trying to catch up with posts this morning, so I haven't seen if you've posted on the visa timeline thread-if not, please do so we can keep follow!


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## qman383 (Mar 12, 2011)

Thanks AAIS, I really appreciate the Advice more than you know. There is no way I could have done this myself if not for people like yourself who take the time to help  my documents made it to NewYork today. Praying for an approval.


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## qman383 (Mar 12, 2011)

Just an update, I just got an email that my application has been received at the Consulate in New York. Now to Pray for a quick and successful turn around on my application.


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