The Visa Application Saga

For those of you who read my post Another Two Years, you know that on 4 April I sent off my application for an extension of stay in the UK. Then on the second of May I went down to the Post Office to give my biometric data (fingerprints and photo). On 9 May, I was delighted to find a thick parcel from the UK Border Agency sitting in my post box. Could this actually be my passport and biometric residence permit back?!  

Well I did receive my passport back but for all the wrong reasons. Unfortunately my application had been deemed invalid because I, like a complete and utter moron, didn't tick a box saying that I hadn't committed any war crimes. This meant that my application was incomplete and could not be approved. Not only that, but the application forms and fees had changed on 6 April meaning I needed a completely new application and to pay an additional higher fee than the one I had already paid.

While researching the new forms, my husband and I discovered that instead of applying for "an extension of stay in the UK as the partner of a person present and settled in the UK" what I should have been applying for is "indefinite leave to remain the the UK as the partner of a person present and settled in the UK". In other words instead of using FLR(M) as I did previously, I should be applying with SET(M).

Monday night was a bad night indeed. I was angry at myself for making such a stupid mistake, especially since my husband and I had double- and triple-checked the document. I was frustrated at the process for being so confusing. I was saddened by the fact that now the likelihood of my passport coming back in time for me to go to a friend's wedding in Pau, France this July seems unlikely. Overall I was just numb, all I could really do was print the document out and eat Cadbury's chocolate.

Thankfully, my work was understanding and allowed me to take the day off Tuesday to stay home and complete the application. I had almost completely finished the new SET(M) application when another road block was thrown my way. I have not taken something called a "Life in the UK" test which is required from every person applying for indefinite leave to remain.

This is something I had previously never heard of, but discovered it is a test on your knowledge of the historical and political life in the UK. First you must order the book, which you can do from here. Then you must book your test (the earliest test you can take is 7 days from when you try to book your test). This was when I called the UK Border Agency.

I spoke to a lovely woman who listened to my plight patiently and really seemed to feel for me. She asked when my previous visa had run out, which it did on 3 May (I'll never fully understand why you can't apply for your visa more than 28 days before it expires). She then told me because I hadn't taken my "Life in the UK" test my application for SET(M) would not be complete, I also had a deadline of 28 days since the date written on the letter from the Border Agency (9 May) to reapply. If I passed this deadline without reapplying, I would have to go back to the US before I could reapply and would not be allowed to return to England until my settlement had been decided.

Getting the book, taking the test, hoping I passed the test, and waiting for my certification confirming I passed the test, and then applying for SET(M) could very likely take me past that 28 day window she said. Therefore, instead of applying for indefinite leave to remain I should once again apply for an extension of stay in the UK.

It is now Thursday and I have completed my FLR(M) application and it has been checked multiple times by multiple people, not just my husband and I. Along with our passports and passport photographs the application also includes;

• Our marriage certificate
• My husband's birth certificate and 2 change of name deeds
• 5 bank statements
• 6 pay slips for myself
• 6 pay slips and 1 P60 for my husband
• 1 letter from my work confirming my employment
• 1 letter from my husband's work confirming his employment
• 6 items of correspondence ranging from council tax bills to tenancy agreement

I am hopeful that at least this time I won't screw up. I tell you all this in detail because I want my readers to learn from my mistakes and take away two lessons that I learned the hard way.

1. Have someone that you trust other than your partner look over the application.
2. Do extensive research on the process many months before you are due to apply, and don't be afraid to call the UK Border Agency.

Erin x

For more information on applying for an extension of stay in the UK visit http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/applying-in-uk/

For more information on applying for indefinite leave to remain visit http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/applicationformset(m)/

For more information about the Life in the UK Test visit http://lifeintheuktest.ukba.homeoffice.gov.uk/