GU22

It would be very easy for them to set exact conditions as the Thai authorities do , but it doesn't suit them to do so for their own political ends.

I have neither the time nor inclination to go into a lecture on the British Constitution and the role of Parliament and the judiciary and the difference between statute law and common law.

Suffice it to say that, as it says in the DSPs, any attempt by the government to set an exact financial criteria would be overturned the first time someone appealed in court against it. As has already happened

Appeals Tribunals and the higher courts have consistently upheld the principle that the appropriate level of maintenance without recourse to public funds varies widely from case to case

The fact that the Thai government does set such a minimum figure is irrelevant; it is immigration into the UK we are talking about, not Thailand. The last time I looked Thailand was an independent country and not subject to UK law.

The petition is now ongoing.

To sign it, click here.

(I'd have posted this earlier, but I've been away.)

WHAT A COMPLET AND UTTER BA**S UP

I'm afraid that you are correct, you have ba**sed it up!

From Knowledge of life in the UK, Guidance.

Those who speak English at or above ESOL (English for Speakers of other languages) Entry Level 3 standard will be able to sit a "Life in the UK Test".

Or

those who do not have English skills at ESOL Entry Level 3 will need to gain an approved English for Speakers of Other Languages (ESOL) qualification through attendance at an ESOL course which includes citizenship materials.

I'm afraid it seems that you enrolled her on the wrong course.

Worth her giving it a go, though. A certain Thailand-UK website has carried lots of reports recently from Thais who have passed this test.

Just received a reply now from embassy to e-mail i sent on Monday, they said because been married over 4 years (even though wife has never set foot in the UK) could apply for indefinate leave to remain via a settlement visa.

Yeah, that is the situation now, but what you (and we) want to know is what happens when the ILR rule changes come into force in April.

Civil servants tend to have literal minds, ask them a question and they'll tell you the answer pertaining to today, even if the situation will be different tomorrow. If you want to know what the situation will be in April then you need to make that clear. (Apols if I'm stating the obvious.)

Thank you for your honest and truthful reply,

I always endeavour to post honestly and truthfully. Why don't you try it sometime?

I asked you what qualifications you have to give immigration advice. Despite your claiming in previous posts to be a lawyer acting for clients in immigration matters you answer that question by saying

which mainly relate to experiences of myself and others in twenty years of dealing with the Embassy and visa matters in general

So, which is the lie? Are you qualified or not?

Unlike yourself I do not use this forum to offer specific advice to TV members..

No, you just make posts to give the impression that you are a person of importance!

Please either continue in this polite non hostile manner or just ignore my postings

The day you stop posting <deleted> will be the day I stop saying that you are posting <deleted>.

kindly no more flaming please .

You are the only one to have accused me of flaming you. No one else seems to agree with you.

If you object to any of my (or anyone else's) posts there is the report post button.

To GU22, ....the line "each case is different.." is used by the govt as a way of keeping the criteria vague so as to give ECO's the power to refuse "unsuitable" cases that otherwise qualify.

Do you read posts? It says clearly in the DSPs I linked to that it is not the government that says they cannot set a figure, it is the courts!

There is no prescribed minimum figure for what represents sufficient maintenance. Appeals Tribunals and the higher courts have consistently upheld the principle that the appropriate level of maintenance without recourse to public funds varies widely from case to case

(My emphasis)

As a fiance visa holder is in the UK for a settled purpose then yes, they are entitled to NHS treatment.

Edit:

Knew there was a link somewhere;

Are you coming to the United Kingdom to marry a person living in the UK?

If you wish to report my posts, there's a button in the bottom right corner for you to click.

Yes, I have made erroneus posts in the past, and have always accepted corrections that come from a credible person.

I have never claimed that I am "a person experienced and qualified in giving visa advice" as I have always admitted that I am an amatuer, as are most who post advice here (all except Scouse?). What are your qualifications, topfield?

The OISC have confirmed that advice offerred on internet forums such as this is not covered by the legislation. Check with them if you don't believe me.

I do not dispute that the fees will be increasing in April.

I do not dispute that the embassy have changed the exchange rate they use.

As you say, these are facts.

The rest of your posts in this thread are as credible as all your previous posts on this forum.

The criteria are not deliberately kept vague, there is no set criteria as every case is different.

From Chapter 9 – The maintenance and accommodation requirements

9.3 - Maintenance: General requirements

There is no prescribed minimum figure for what represents sufficient maintenance. Appeals Tribunals and the higher courts have consistently upheld the principle that the appropriate level of maintenance without recourse to public funds varies widely from case to case

9.7 - Assessing adequate means of maintenance for fiancé(e)s and spouses or civil partners

If the applicant and/or sponsor has skills or qualifications which offer a reasonable chance of obtaining employment or already has employment arranged, that should be viewed as sufficient to meet the maintenance requirement without having to make further enquiries.

You should be satisfied that job offers are genuine and the work likely to last for the foreseeable future.

Factors such as the unemployment situation in the area in which the couple intend to settle may be taken into account. High unemployment in a particular area or amongst a certain age group with particular skills, (or lack of them) is not in itself sufficient to show that the requirement has not been met. It would be relevant if the couple’s plans were not realistic or if they did not have any skills or qualifications.

Members of the couple’s families in the UK may offer to maintain the couple adequately until they can do so from their own resources. This is acceptable in the case of fiancé(e)s / proposed civil partners who are not permitted to work until the marriage / civil partnership. However, for spouses or civil partners, such an arrangement would not satisfy the Rules, which require the couple to maintain themselves. Nevertheless it may be appropriate in certain circumstances to exercise discretion for a spouse or civil partner where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK.

The following list, which is not comprehensive, is intended as a guide to the factors which may need to be considered when assessing means of maintenance:

the applicant’s past and current employment;

the applicant’s educational qualifications and any other skills or qualifications which the applicant has that could be of assistance in getting started in the UK;

the sponsor’s current or proposed employment.

any plans the applicant has for employment in the UK;

any arrangements which have been made, or could be made, by the sponsor, any other relatives, friends or contacts in the UK in connection with the plans for employment;

any support which will be forthcoming from others.

Guidance - Husbands, wives and partners (INF 4)

Chapter 9 – The maintenance and accommodation requirements

CHAPTER 13 - SETTLEMENT : FIANCÉ(E)S, PROPOSED CIVIL PARTNERS, SPOUSES, CIVIL PARTNERS, UNMARRIED AND SAME-SEX PARTNERS

Visa Services.

As no one else, including an acquaintance of mine who submitted an application at the VAC on Monday, has made any mention of applications being refused or even of a 6 hour wait, and given the past 'inconsistencies' by the OP, I recommend taking this story with a very large pinch of salt. Until or unless it has been confirmed by a reputable source.

Notwithstanding that she had broken the terms of her visa, this tale acts as a good counterbalance to those here who say "ALWAYS tell the truth at all times ..." when dealing with immigration matters. Clearly telling the truth depends on the circumstances . Somethings you cannot hide, but in this case she could have ....easily.

Better yet to say "Don't break the terms of your visa." A visit visa is clearly stamped Employment prohibited so she cannot say that she didn't know!

Had she lied and been caught in that lie then her situation may well have been worse.

As a visitor, she can study during her stay. However, she can only apply to stay longer than six months if she entered the UK with a student or prospective student visa.

Even if she does study whilst in the UK, as she has entered on a visit visa she cannot work.

this forum tends to regard bogus applications such as your friend's with some disdain not least because they reflect badly upon other genuine applications

Bogus applications do make ECOs more vigilant and stricter, which does make it harder for genuine applicants. Not least because in efforts to catch more fraudsters, successive governments have made the immigration rules tighter.

Congrats, and all the best.

I see from some of your other posts that you are intending to settle in Thailand in the next few years. May I suggest that, if practicable, you delay this for at least 3 years. The reason for this is after she has her ILR and has been living in the UK as your wife for 3 years then she can apply for naturalisation as a British citizen. Doing so will not effect her Thai citizenship in any way.

The advantage of her so doing is that she will be able to enter the UK as often and for as long as she wishes, no matter how long it's been since her last entry; the same as any other British citizen.

If she doesn't do it, then after 2 years outside the UK her ILR will lapse. Even if she returns for visits an IO at her port of entry could refuse her entry if it were apparent that she was living outside the UK and using her ILR for visits only. This means she would have to rely on visit visas and re-apply for residence should you ever desire to live in the UK again.

Plus a British passport allows visa less entry to a lot more countries than a Thai one does.

Just a thought.

And I would argue that this is a congratulatory thread for Quemlum and not another opportunity to trade the well worn path of suitable applications.

Apols to all, but I honestly thought my remarks concerning Quemlum's comment on presentation would be of benefit to future applicants.

I truly did not expect such a response from Atlas.

Sorry.

Oh, I forgot to add;

Re Som Tam.

Green papaya are expensive in the UK and, unless you have a Chinese or Thai supermarket nearby, difficult to get. My wife and her friends find raw carrot or swede an acceptable alternative.

Not yet, but this note is on the petitions site

Due to unexpectedly high volume of users starting petitions on the site, we are having some difficulty meeting our own targets of accepting or rejecting within 5 working days. Please accept our apologies and thanks for your patience while we catch up

Congrats, mate. Hope she enjoys the visit. Did she get the children thing sorted?

I bet the embassy are happy to receive a well organised presentation instead of a load of papers stuffed in an envelope.

A short while ago Scouse posted that the ECOs have (IIRC) less than 10 minutes to devote to each application. That's to decide whether to accept, call for interview or reject. So which is going to be looked at properly, and which is going to be rejected out of hand?

I wonder how many of those who say that the ECO ignored the evidence they supplied had merely stuffed that evidence into an envelope?

Correct, Tony Blair, our Prime Minister (unfortunately).

I doubt if the embassy know for sure yet, but it's worth a try. Please let us know if you get a reply.

1) The pass mark, according to the LITUKT website is "around 75%."

2) This is a very good question. Only Tony and his partners know the answer, and they don't seem to want to tell anyone.

Two possible scenarios, as I see it. Either people who are, like your wife, time qualified for ILE would have to sit the test in their country of current residence before applying; or this form of entry clearance will be abolished and such persons will have to follow the spouse visa route, paying the appropriate fees.

As this so-called socialist government seems to be determined to grab as much money as they can from those who can least afford it, I suspect the latter.

The test is simple for anyone who has the time and inclination to study for it. If someone's English is not good enough to allow them to do this then they don't take the test; they take an ESOL with citizenship course instead.

I have to take issue here G', it is not simple for someone who is not an indigenous member of the UK, my wife speaks very good English and writes to a standard good enough to pass a certificate in Child Care at the local college and she had to study the book dilligently for a month to pass.

I think, Moss, that we are using different words to say the same thing.

Something I hope you all remember at the next election. Unfortunately there is nobody else credible to vote for, so I will take my membership of the Labour Party and protest locally, against various issues this gov't construes to cock-up

My party, right or wrong? Politicians of all colours rely on this, which is why it is so difficult to change anything!

Remember Guy Fawkes? The only person to ever enter Parliament with honest intentions.

Finally a reminder to all those criticising the actual questions in the link provided earlier: These are not the actual questions!

The only way to see the real questions is to either buy the book or take the test.

To get an idea of the subjects covered, see here.

As Scouser says, she can enter the UK at any time before the visa expires. However, to qualify for ILR she needs to have been in the UK for 2 years and she needs to have a valid visa. So, again as Scouse says, she will need to apply, and pay, for FLR when her visa expires to cover the gap.

When applying for a UK visa one can request that the start date be postponed for up to 3 months to avoid this situation.

without having to pay another £2000 for a visa.

How much? A settlement visa costs £260! Ok, there's the VAC handling charge and the cost of the TB certificate, but where did you get a figure of £2000 from?

Even after the exorbitant increases in visa fees taking effect in April, it wont cost anywhere near that much!

bite the bullet and go down the route of Citizenship,

Agree, it makes travel in Europe a h_ell of a lot simpler. Elsewhere too.

Also, she'll be able to help kick this current God-awful government out come the next election

I have only skimmed through the many posts, so forgive me if I am repeating something that has already been said.

The test is simple for anyone who has the time and inclination to study for it. If someone's English is not good enough to allow them to do this then they don't take the test; they take an ESOL with citizenship course instead.

The fact that many British adults would struggle to pass this test without studying for it first is a sad indictment of our education system, not of the test.

The test was not brought in to inconvenience British men with a Thai wife. It was brought in to ensure that new citizens, now new residents, can communicate effectively and have some awareness of the history of their new country and their rights within it.

Surely no one here would begrudge their partner that?

I do have, though, two areas of complaint.

1) Some of the questions are somewhat PC, and not really relevant.

2) The timing of the introduction of this requirement for ILR is atrocious. It gave applicants whose current LTR expires in April 2007 very little time to prepare. This, together with the huge increase in fees, can only be seen as a cynical money-making exercise by the government; all those FLR fees from people who haven't had time to prepare for the test or complete an ESOL with citizenship course.

The fair thing to have done would have been for those already in the UK to be exempt from this requirement and for it to apply to new entrants only.

But fairness and this government are strangers to each other. Something I hope you all remember at the next election.

Is it not possible to send both passports to the Uk immigration office and update the passports and simply transfer the visa from the old passport to new.

I would now suspect that yes it is possible but I have no doubts that some stupid amount in fees would apply.

Correct, it is possible to transfer a current LTR into a new passport, at a current cost of £150! I haven't checked, but no doubt this is due to be increased along with all the other fees on 1st April.

Save your money and do as the RTE suggest. Simply presenting old and new passports when required.

If she were to apply for British citizenship and a British passport then she would no longer need her LTR stamp. She could simply use her British passport to enter and leave the UK (and Europe and most other places) and her Thai passport to enter and leave Thailand.