Child benefit and immigration question

mamamia

Voyager2002 wrote:

What is the source of your information, and how recently did you check it?

My understanding of the IND website was that a spouse who entered on a settlement visa was required to apply for further leave to remain at the end of the first year and again at the end of the second year, and only at the end of the third year was allowed to apply for indefinite leave to remain. Have I misunderstood the current regulations?

Again, IND website (and an email from them) indicates that the spouse of a British national who has been here legally for three years or more may apply for indefinite leave to remain. Obviously, most overseas students would not have a British spouse and so would not be able to use this provision.

And no, it is not the case that settlement is the "true reason". Settlement would certainly be an option to consider, but one of many: that is why she has been to so much trouble to keep her job, pension and apartment in China.

Voyager 2002, I am no expert on this but I think you are confusing naturalization with ILR. If your wife decides to apply for a spouse(settlement) visa from China, she will be given a two year visa and shortly before that expires, she will be eligible to apply for ILR, which IMO has more advantages than the student visa. I would advise you to visit the IND website again and you can also call them for advise. If you like, I can pm you links to immigration websites .
To the OP who thinks immigrants just come here to get what they can, you need to change your orientation about this. Not everyone with a tongue twisting or unusual name is here to claim benefits, most are contributing to the economy and helping to build a better world.

Crispy_Ambulance

to the OP, you really should seek specialist immigration advice. your wife's university should have an international adviser and they will be the best person to help you.

Voyager2002

My thanks to #42, although I am certainly not confusing naturalisation with ILR. I don't think that a spouse's visa has ever given the right to remain here for two years: it used to give the right to remain for a year, after which the alien spouse could apply for ILR, but that 'probationary' period has increased since then.

To #41, I was not the person who reported the "come one come all" post. I think that the person who did report it reasoned that it could reaonably be expected to cause offence to me. However, had I seen it my response would have been to explain why I felt it was an inappopriate opinion rather than to report it.

Anyway, I have had an emailed response from the Child Benefit office, which reads:
Dear Sir / Madam,

Thank you for your email.

As you are a British Citizen, either you or your wife can claim. You
should claim as soon as your wife and daughter arrive as there is a 3
month time limit on claims.

So now we know.

lynzpower

Thanks voyager for that, I have been under an incorrect impression for some years.

Thanks for sharing it, it will come into plenty of use for future posters, Im sure

All the best for the move
Lynz x

Leigh-Anne_60

ILR would be given after a 2 year spouse visa - After a rather lengthy & costly(£500+ i believe now)application via the home office. When we applied the spouse visa was only 1 year and then we could apply for ILR but this was in 2002/03. I have never heard of a 3 step application for ILR??

You can only apply for Naturalisation after being in the country for 3 years if married to a UK national - If not married to a UK national it is 5 years. Again this entails another lengthy(6-8 months) & pricey (£270) application

If you can get a 4 year student visa - go for it!! Less delaings with the home office the better - they are the worst shower of incompetents i have had the pleasure of dealing with IMHO

Just a last point - The red tape involved in getting here is just hideous - Whoever said it was easy is just having a laugh!! :rotfl: go through the process and then tell me its easy

Spendless

Kimberley wrote:

Wish i could, but i'd just say to parents, send them in with a healthy packed lunch

You missed a word out of your post Kimberley;) . I've added it for you

gregg1- You might not be aware as I notice you've not been a member long but this isn't a 'freedom of speech' forum. there is a sticky in Discussion Time mentioning this. I don't know if it's elsewhere on the site too. It also gives you the reason why from Martin. I'm sorry I'm hopeless or I'd link you in to where I mean. HTH:) .

The original person who posted the comment, which wasn't in anyway helpful to what was being asked has had their 'posting privileges removed' I've noticed, though exactly what over i don't know (or wish to know).

Anyway since I'm totally OT with this post I'll just say- all the best to the OP and hope you sort something out :beer:

gregg1

Spendless wrote:

You missed a word out of your post Kimberley;) . I've added it for you

gregg1- You might not be aware as I notice you've not been a member long but this isn't a 'freedom of speech' forum. there is a sticky in Discussion Time mentioning this. I don't know if it's elsewhere on the site too. It also gives you the reason why from Martin. I'm sorry I'm hopeless or I'd link you in to where I mean. HTH:) .

The original person who posted the comment, which wasn't in anyway helpful to what was being asked has had their 'posting privileges removed' I've noticed, though exactly what over i don't know (or wish to know).

Anyway since I'm totally OT with this post I'll just say- all the best to the OP and hope you sort something out :beer:

Thank you for your comments. I am aware of the sticky you are referring to (don't worry about not being able to link me in) - although I am not that new to the forum. You will note that I also said I was sure the OP would get the help he needed from people who knew what they were talking about. From what you have said I am sure the poster must have made other comments as well as this to get himself banished. Hope this clears this up now.