# Settlement visa - spouse with child enquiry



## Topper (Feb 10, 2016)

HI everyone, need advice for the settlement visa on spouse and children

Background:
- My wife got the UK citizenship from her father. She has the UK passport, but not being a resident before. We have been living together in Hong Kong more than 12 years, and have married for 10 years.

- We live together in Hong Kong, with two daughters (3 and 10 years old, born in HK), all hold Hong Kong passport, don’t have BNO. 

- We are planning to move in Oct 2016.

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Listed are my understanding on the requirement, with questions, in point form as it is easier for comment and advice.

1. I believe we are going to apply “ to join family permanently in the visa” settlement visa online, and submit the documents in Hong Kong Visa application centre.

2. under current policy, we need to arrive UK together at the same time, children and I, as well as sponsor (my wife). 

3. If the travel date is Oct, am I able to apply 6 months in advance? that's is to apply on April. I noticed there is 6 months period to choose when I created a application online.

4. I need to create three separate application online, a settlement - spouse husband for me and settlement - dependent child for each of my daughters. 
Do I need to apply all at the same time?
Can I apply the spouse visa first? After it is approved, then apply two dependent child visa?

5. about financial requirement, we have jobs in Hong Kong, but will not have job in UK when we apply the settlement visa. therefore we can only apply based on the category D - cash savings to meet the financial requirement. 
for visa applying with 2 child is £24800 x 2.5 year + £16000 saving above = £78000.
we have enough saving to meet and have kept more than 6 months
Is my calculation correct?
if only on category D, do we no need to provide employment documents of our work in Hong Kong? just provide the original bank statement to provide the saving.

6. for the relationship, does it not a problem in my case as we are living together. Is a brief report with photos of our daily lives and travel in different period is sufficient for the proof?

7. noticed in some post need a sponsor letter. Do I need to arrange one? any information be included?

8. Have the Eng test IELTS A1 passed on Oct 2015, and TB test arranged in March (child and me). Any other to prepare.

9. accommodation: we bought a house three years ago, under my name, about 90sq.m., 3 bedrooms with 1 living rooms, managed by a tenancy agent with a fix contract end in Aug 2016.
Does it enough to include documents of register of title (electronic PDF sent from solicitor) and floor plan.
Do I need to provide the tenancy contract (copy sent from the agent)?

Thank you very much.


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## HKG3 (Jan 11, 2015)

As someone from Hong Kong who stayed in the UK for a number of years, a few points about life in the UK for the OP - 

1) Open a British bank account for yourself and the family in Hong Kong before coming over to the UK. HSBC offers this service at its International Banking Centre. Please see link below - 

https://www.hsbc.com.hk/personal/hsbc-premier/features/premier-overseas-account.html?value=features

2) Does the OP has a BN(O) stautus? If he does, he should renew his BN(O) passport to apply for a spouse visa. This means that he will be treated as a Commonwealth Citizen in the UK and will be able to register to vote in all UK elections.

Who can register to vote? | Registering to vote | Coventry City Council

Being on the electoral register can help the OP to build up his credit history in the UK. Please note that HKSAR Chinese passport holder cannot register to vote in any UK elections. 

3) Driving licence - if the OP or his wife have not got one yet, try to pass the driving test in Hong Kong before you leave for the UK. It is easier to do it in your own language. A Hong Kong driving licence can be exchange to an UK one without further driving tests.

https://www.gov.uk/exchange-foreign...hange-agreements-with-great-britain/hong-kong

4) In the UK, income tax is taken at source. This means that you will receive your pay net of income tax. This system is totally different from the one in Hong Kong. You and your wife will need to apply for national insurance numbers (NIN) once you are in the UK.

https://www.gov.uk/apply-national-insurance-number


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## Topper (Feb 10, 2016)

thanks HKG3

My wife and I have the UK HSBC account, were opened 3 years ago to receive the rent income.
we don't have the BNO, just HK passport.
we have the driving licence in HK, known we can exchange the UK licence when we arrive.

Please help if you can give some advice on my settlement visa application. thanks.


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## nyclon (Apr 3, 2011)

Topper said:


> HI everyone, need advice for the settlement visa on spouse and children
> 
> Background:
> - My wife got the UK citizenship from her father. She has the UK passport, but not being a resident before. We have been living together in Hong Kong more than 12 years, and have married for 10 years.
> ...


Yes



> 2. under current policy, we need to arrive UK together at the same time, children and I, as well as sponsor (my wife).


No, you don't "need" to. It depends on how you are meeting the financial requirement.



> 3. If the travel date is Oct, am I able to apply 6 months in advance? that's is to apply on April. I noticed there is 6 months period to choose when I created a application online.


You can apply no more than 3 months before you intend to travel. 



> 4. I need to create three separate application online, a settlement - spouse husband for me and settlement - dependent child for each of my daughters.
> Do I need to apply all at the same time?
> Can I apply the spouse visa first? After it is approved, then apply two dependent child visa?


You should apply at the same time. 



> 5. about financial requirement, we have jobs in Hong Kong, but will not have job in UK when we apply the settlement visa. therefore we can only apply based on the category D - cash savings to meet the financial requirement.
> for visa applying with 2 child is £24800 x 2.5 year + £16000 saving above = £78000.
> we have enough saving to meet and have kept more than 6 months
> Is my calculation correct?
> if only on category D, do we no need to provide employment documents of our work in Hong Kong? just provide the original bank statement to provide the saving.


Yes, that's enough to meet Category D for a spouse and 2 children. You need 6 months of bank statements and you need to provide a paper trail of where the money came from. Your job in HK is immaterial but if you are meeting the requirement through savings, there is no need to provide info on her job. 




> 6. for the relationship, does it not a problem in my case as we are living together. Is a brief report with photos of our daily lives and travel in different period is sufficient for the proof?


If you have been living together you need proof of that. Joint tenancy, joint bank accounts and joint bills along with official post addressed separately but to The same address. Travel together is not proof. 10-15 photos including your wedding. Your marriage certificate. 



> 7. noticed in some post need a sponsor letter. Do I need to arrange one? any information be included?


Your w I've should write a ,enter of sponsorship outlining your relationship, plans and common interests. You should write a similar letter in your own words. 



> 8. Have the Eng test IELTS A1 passed on Oct 2015, and TB test arranged in March (child and me). Any other to prepare.


Translations of anything not in English or Welsh. 



> 9. accommodation: we bought a house three years ago, under my name, about 90sq.m., 3 bedrooms with 1 living rooms, managed by a tenancy agent with a fix contract end in Aug 2016.


The original deed or £3 online land registry.




> Does it enough to include documents of register of title (electronic PDF sent from solicitor) and floor plan.
> Do I need to provide the tenancy contract (copy sent from the agent)?


Don't need floor plan or tenancy agreement.


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## Topper (Feb 10, 2016)

thanks. 

About pt.3.
what happen if I submit the application more than 3 months before the travel date?
As I said, when I created a application online I can select the date up to 6 months later.

will I get rejected due to the travel date more than 3 months before travel date? or get approved with a travel date marked earlier?


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## Joppa (Sep 7, 2009)

No, but your visa (vignette) will be made valid three months after your application date. No problems if you can travel then, but if you can't, you have to get vignette reissued for £122.


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## HKG3 (Jan 11, 2015)

Topper said:


> thanks HKG3
> 
> My wife and I have the UK HSBC account, were opened 3 years ago to receive the rent income.
> we don't have the BNO, just HK passport.
> ...


You are very organised. Other member of the forum gave you answers to your queries and I have nothing more to add. Just want to wish you and your family all the best in the UK.


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## Topper (Feb 10, 2016)

Joppa said:


> No, but your visa (vignette) will be made valid three months after your application date. No problems if you can travel then, but if you can't, you have to get vignette reissued for £122.


Do you mean I need to travel within 30 days from the visa marked date, to meet the new policy about getting the BRP ?


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## Topper (Feb 10, 2016)

HKG3 said:


> You are very organised. Other member of the forum gave you answers to your queries and I have nothing more to add. Just want to wish you and your family all the best in the UK.


thanks.
Sad to know I can only apply the visa 3 months before the intended travel date, I thought to apply 6 months in advance, so I can have more time to arrange flight tickets and packing.


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## HKG3 (Jan 11, 2015)

Topper said:


> Do you mean I need to travel within 30 days from the visa marked date, to meet the new policy about getting the BRP ? (cos the vignette sticker in passport only valid 30 days)


You need to arrive in the UK by the end of the 30 day period visa and get your BRP in your local post office in the UK.

I am sure other members of the forum will correct me if I am wrong, but as far as I can understand, say if you apply on Monday 29 February 2016, you must arrive in the UK on 28 June 2016 (3 months plus 30 days).


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## Topper (Feb 10, 2016)

HKG3 said:


> You need to arrive in the UK by the end of the 30 day period visa and get your BRP in your local post office in the UK.
> 
> I am sure other members of the forum will correct me if I am wrong, but as far as I can understand, say if you apply on Monday 29 February 2016, you must arrive in the UK on 28 June 2016 (3 months plus 30 days).


thanks. It is quite strange that as I noticed the entry settlement visa is 33 months, the extra 3 months (out of 30months) is for people arrange to move. But now cos of the BRP it is limited to arrive within 30 days.


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## HKG3 (Jan 11, 2015)

Topper said:


> thanks. It is quite strange that as I noticed the entry settlement visa is 33 months, the extra 3 months (out of 30months) is for people arrange to move. But now cos of the BRP it is limited to arrive within 30 days.


You may want to look at it in the following way - the 33 month visa is 3 months you can apply in advance plus the 30 months stay in the UK.

When you apply for the spouse visa in Hong Kong, you will be given a 30 day visa for you to land in the UK and collect your BRP in your local post office.


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## Topper (Feb 10, 2016)

HKG3 said:


> You may want to look at it in the following way - the 33 month visa is 3 months you can apply in advance plus the 30 months stay in the UK.
> 
> When you apply for the spouse visa in Hong Kong, you will be given a 30 day visa for you to land in the UK and collect your BRP in your local post office.


thanks. Hope can get all pass smoothly.


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## nyclon (Apr 3, 2011)

Topper said:


> thanks. It is quite strange that as I noticed the entry settlement visa is 33 months, the extra 3 months (out of 30months) is for people arrange to move. But now cos of the BRP it is limited to arrive within 30 days.



You can return to HK to wrap up your affairs after you retrieve your BRP.


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## Topper (Feb 10, 2016)

nyclon said:


> You can return to HK to wrap up your affairs after you retrieve your BRP.


yes, it works, but we need to travel extra round trip, cost extra £3-4k for whole family and two 12hour flight in economy seat....

actually it is not just the packing, more important is school for our child. We need to inform school about quitting on May, (otherwise we cannot get back the deposit), and confirm the UK school offer about the same time. No school to go if there was delay or denied on the VISA.

I would apply on May or June, target to travel in Sept or early Oct. May apply Priority visa for extra of total £1.2k to get the result earlier. Hope all goes smoothly.


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## Topper (Feb 10, 2016)

Would like to ask:

As advised, my spouse and two dependent (daughter) visa application need to be submitted together.

1. What documents should be included in two dependents visa application?

2. Do I need to include my application VAF4A-appendix2 form in dependent application?

3. Does the officer group three applications together to process?

4. If my spouse visa has enough information to get approved, the dependent should be okay to be approve too. is that correct?


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## Topper (Feb 10, 2016)

Topper said:


> Would like to ask:
> 
> As advised, my spouse and two dependent (daughter) visa application need to be submitted together.
> 
> ...


checked and found some ans:
1. noted the dependent settlement visa need to fill the VAF4A1 form.
2. I believe no need to attach appendix2 in dependent visa

any idea on 3 & 4?

btw, do I need to include the sponsor passport copy in spouse and dependent visa? is it need to be certified true copy?


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## Joppa (Sep 7, 2009)

You need to make three separate online application, complete three separate Appendix 2's, but book biometrics at the same time and some of the documents can be shared such as financials and accommodation.
You should treat them as three separate applications, answering similar questions. Have the same sponsor for all three, usually the one who is meeting the financial requirement. While they will process all three applications, each one is decided on its merit and there is no guarantee that if the spouse visa is approved, dependants' visas will follow.


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## Topper (Feb 10, 2016)

Joppa said:


> You need to make three separate online application, complete three separate Appendix 2's, but book biometrics at the same time and some of the documents can be shared such as financials and accommodation.
> You should treat them as three separate applications, answering similar questions. Have the same sponsor for all three, usually the one who is meeting the financial requirement. While they will process all three applications, each one is decided on its merit and there is no guarantee that if the spouse visa is approved, dependants' visas will follow.


Dear Joppa,

thx. However I notice different message when I created the application.

When I created the spouse application, the system displayed a note to complete the Appendix 2. 
when I created the child visa application, it displayed a note to complete the Appendix 1. (attached the cap screen jpg for reference).

Please advise if I created a wrong application.


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## Joppa (Sep 7, 2009)

Appendix 1 only if you applying for a dependant visa alone. As you are making a family application with parent and two dependent children, Appendix 2 is correct (the financial requirement at £24,800).


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## Topper (Feb 10, 2016)

Joppa said:


> Appendix 1 only if you applying for a dependant visa alone. As you are making a family application with parent and two dependent children, Appendix 2 is correct (the financial requirement at £24,800).


thx! Glad to know before submit the application. Will prepare appendix 2 for all spouse and dependent applications.


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## Joppa (Sep 7, 2009)

When applying only for dependent child, enclosing Appendix 1, you only need to meet the maintenance requirement. When applying for spouse and child, you enclose Appendix 2 meeting the financial requirement with higher threshold.


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## Topper (Feb 10, 2016)

would like to ask:
for the supporting documents like birth certificate, marriage certificate, can I submit certify copy?


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## Topper (Feb 10, 2016)

Hi all,

would like to ask about the 5 year and 10 year route.

1. Note for the settlement visa applying outside UK is called entry clearance, if success a 33 months visa will be issued. Do I no need to decide which route to go at this entry clearance application?

2. for this 33 months visa is nearly to expire, then apply the FLR(M) for 30 months visa in UK. After that will become in UK for 5 years, which qualify to apply the ILR. If pass then ILR, I believe this is the 5 year route.

3. However, if want to go for the 10 years route, Do I just apply the FLR(M) again for another 30 months VISA? and repeat once more, thus become in Uk for 10 years to apply ILR in the 10 year route. 
Is this just that simple? is there any reason the FLR(M) be rejected?

thx


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## Joppa (Sep 7, 2009)

#1 No. You are on 5-year route.
#2 Yes, as I said.
#3 10-year route is different. Either long residence or Article 8 of the European Convention on Human Rights (ECHR) (right to respect for private and family life), i.e. compassionate grounds.


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## Topper (Feb 10, 2016)

thanks for the quick response.

notice for the 5 year route, need to pass language test to apply the ILR. what happen if fail the test, can apply for extend or other way to do? I know I may worry too much, just to consider different situation.


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## Joppa (Sep 7, 2009)

Yes, you apply for extension, pass the English test at B1 or better and then apply for ILR. You also need to pass the Life in the UK test.


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## Topper (Feb 10, 2016)

Joppa said:


> Yes, you apply for extension, pass the English test at B1 or better and then apply for ILR. You also need to pass the Life in the UK test.


thanks. May I know what form to submit for the extension application? and usually how long the extensive be approved?


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## Joppa (Sep 7, 2009)

Much the same as renewal, as specified on FLR(M) form. Usually for further 30 months.


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## Cousin Jack (Feb 6, 2016)

HKG3 said:


> You need to arrive in the UK by the end of the 30 day period visa and get your BRP in your local post office in the UK.
> 
> I am sure other members of the forum will correct me if I am wrong, but as far as I can understand, say if you apply on Monday 29 February 2016, you must arrive in the UK on 28 June 2016 (3 months plus 30 days).


I am going to submit this Tuesday, Feb 23, and want the full three months so hoping the vignette will be dated May 24th and will give us 30 days to enter UK.
Daughters school term ends June 7th and we are planning to travel June 14th.


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## Topper (Feb 10, 2016)

need help about the support document about cash gift

we have a cash gift from my mother, is it sufficient to submit 3 months bank statement of my mother?
and do I need to submit her passport copy too?


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## Topper (Feb 10, 2016)

Got the settlement visa approved! Husband settlement visa and two daughters dependent visa.
Thanks so much for all your advice.

As the approved travel date is earlier than we expect, we shall go to UK for a short stay (about 10 days), and then back to Hong Kong for packing.

I thought I just need to collect the BRP at Post office during the short stay. However I notice there is a note in my two daughters entry clearance vignettes - "Register with Police in 7 days of UK entry". Do we go to local police station asking for registration? or to a specific police centre?


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## HKG3 (Jan 11, 2015)

Topper said:


> I thought I just need to collect the BRP at Post office during the short stay. However I notice there is a note in my two daughters entry clearance vignettes - "Register with Police in 7 days of UK entry". Do we go to local police station asking for registration? or to a specific police centre?


As your daughters are Chinese nationals (a 'Hong Kong passport' is really a Chinese passport issued by the Hong Kong immigration department saying the holder also has the right of abode in Hong Kong) wanting to stay in the UK for more than 6 months, they are required to register with the local police force where they live within 7 days of entry. If you live in the Metropolitan Police area, you will need to register at the Overseas Visitors Records Office - 

Overseas Visitors Records Office - Metropolitan Police Service


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## Topper (Feb 10, 2016)

HKG3 said:


> As your daughters are Chinese nationals (a 'Hong Kong passport' is really a Chinese passport issued by the Hong Kong immigration department saying the holder also has the right of abode in Hong Kong) wanting to stay in the UK for more than 6 months, they are required to register with the local police force where they live within 7 days of entry. If you live in the Metropolitan Police area, you will need to register at the Overseas Visitors Records Office -
> 
> Overseas Visitors Records Office - Metropolitan Police Service


thanks. We shall not live in London, so not going to register at the Overseas Visitors Records Office. 

Seems the register policy is not the same in different area . I emailed to the local police force, they replied that "only Foreign Nationals who are 16 years of age and over are required to register. If under 16 and VISA shows requirement to register, they should only register when they reach 16."

My entry clearance vignettes don't have a remark to register with Police, only my daughters' have but they are under 16. So I believe we just go to the post office to collect the BRP and then return HK to prepare the move.


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## HKG3 (Jan 11, 2015)

Topper said:


> My entry clearance vignettes don't have a remark to register with Police, only my daughters' have but they are under 16. So I believe we just go to the post office to collect the BRP and then return HK to prepare the move.


As a spouse visa holder, you are not required to register with the police.

With regards to your children, please see link below - 

https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-10-registering-with-the-police


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