quadisking

Thanks very much everybody. I'm going to go with Wooloomooloo's suggestion and just post it directly by special delivery myself. I'm certain that the photos are acceptable and the rest of the application form is relatively easy to complete and I've double-checked everything several times. I'll just send it at a different post office because I use this one a lot so I don't want to tell the guy that he's wrong because he was so adamant that he wasn't. Thanks again.

This link appears to confirm what I think:

https://www.gov.uk/apply-first-adult-passport/documents-you-must-send-with-your-application

My wife was born outside of the UK (Thailand) and her parents are both Thai too, so therefore I think she would only need to send her birth certificate as supporting evidence that she qualifies for British Citizenship IF one or both of her parents were British (which they're not) and she DID NOT have a British Citizenship and she was born before 1983 (which she was).

I don't want to challenge the person doing the passport checking service if I've misinterpreted it and end up with egg on my face, so I would be grateful if anyone knows for sure and could confirm this. Thanks.

My Thai wife has British Citizenship already and wants to apply for her first British passport.

I just used the post office's passport checking service and was told that she will need to send her original birth certificate which she doesn't have.

I think that the guy behind the counter might have got it wrong because according to the table of supporting documents that I read, it was my understanding that if she already has a British Citizenship certificate then she just has to submit that with her Thai passport and the application form (and the birth certificate is not necessary).

Can anyone confirm whether the birth certificate is needed as well or not, please?

Yes, she did pass the Life In the UK Test.

Her English speaking and listening skills are reasonable, but I'm not convinced she could pass the B1 test at the first attempt. Her reading and writing skills are much better, which I don't think form part of the test which is a shame.

£150 or so to sit the test, plus another expensive hassle trip to London, without even being certain she will pass the test isn't a great option, but then neither is risking cocking up the application or having somebody at UKBA decide that she wasn't in the UK 3 years ago and refusing it without checking the dates properly isn't a great option either, so I'll have to mull it over.

Thanks for all your help.

I've called the local NCS, but the problem is that they can't give me any advice on whether UKBA will accept the application or not, they can only check the form to make sure it is completed correctly. If UKBA don't accept that's our 800 quid up the swanny. I've tried calling UKBA also, but just messages referring back to the website or email address which they will respond to within 20 days which also isn't much help.

If I spent tonight and most of the day tomorrow to complete the application and getting the documents together, and then posted it by special delivery before 5pm tomorrow it would be guaranteed to arrive on Thursday which is 5th September.

As my wife left the UK on 7th September 2010, would UKBA have to accept the application because she would have been in the UK exactly 3 years ago (i.e. 5th September 2010), or is it too risky because UKBA could refuse the application if they chose to??

Can't I just do it myself and post it? I'm quite confident to check it myself, I just want to be sure it arrives in time.

I got it now, thanks

What's an NCS?

We flew back to Thailand via Malaysia. The date stamped in her passport for Malaysia was 7th September and Chiangmai on 8th September. So therefore we've got about 3 days to get the application in their hands?? Is it still possible if we send by Special Delivery?? Maybe we should contact them first if it's going to be very risky as if we don't qualify they keep the application fee anyway??

As she initially entered the UK in March 2010, she could therefore have applied for British Citizenship any time after March 2013?

Because time spent in the UK as a visitor can count towards the residential qualifying period? (as per your first sentence).

*We did live together outside of the UK for more than 4 years, but we had only been married for 3 years and 9 months, so she was never issued with ILE, just the normal spouse visa.

Tourist Visa : Came to UK in March 2010 and stayed for 6 months until Sept 2010.

Spouse Visa: November 2010 to November 2012.

ILR Settlement Visa: Granted in March 2013.

During this period she was only out of the UK for 2 months between Sept 2010 - Nov 2010 while waiting for her spouse visa to be issued.

So therefore she has been resident in the UK for over 3 years (naturalisation as married to a British Citizen i.e. me) and has been out of the UK for less than 270 days, so therefore she qualifies to apply, correct?

Thanks 7by7, I did read these already, but just wanted some clarity in case I have misinterpreted it.

My wife did not get her ILR until 15th November 2010, so therefore on 28th October 2013 it would be just under 3 years.

So therefore would she be classed as resident while she was on her 6 month visa initially? Or would she not be classed as resident for that period because they would class that she was just here on a holiday as opposed to residing here? I'm certain that she would meet all the other qualifying criteria.

My wife came to the UK in March 2010 on a tourist visa for 6 months. We went back to Thailand in Sept, and she immediately applied for a 2-year spouse visa which we received 2 months later, so we returned to the UK in Nov 2010. She passed her KOL test and got her ILR Settlement visa in March this year.

So all in all (if you include the 6 month tourist visa part) she has been in the UK for over 3 years. Does this mean that she can apply for naturalisation now on the basis that she has been resident in the UK for over 3 years and has only been out of the UK for 2 months (which is less than the 270 days allowed)?

Or does the tourist visa part not count?

The reason why I ask is that I read that after 28th October there will be a new law passed which will mean her having to pass a B1 or equivalent English test as well as the KOL Test which she already passed to get ILR (I understand that she won't have to resit the KOL Test again).

I am keen to avoid her having to pass the additional English Test as it's just more hassle, and I think that I'm right in thinking that she could apply for naturalisation immediately thus avoiding having to do it, could 7by7 or somebody else with the knowledge please confirm I have understood correctly?

It's the 'legally resident in the UK' bit that confuses me, but I'm assuming that a tourist visa counts as 'legally resident'?

Congratulations everybody, nearly a full house

Silverdales, you will surely get your visa very soon.

yorkieb Submitted 15th May - Received 10th Oct

tigerjohn - submitted 24th august - Recieved 20th Dec

sanook2me - submitted 12th September - Recieved 15th Jan 2013

Waterloo - Submitted 19th October - Recieved 6th February

Silverdales- submitted 30th October - Awaiting

quadisking - submitted 29th October - Received 11th March 2013

Chittychangchang - submitted 5th November - Recieved 20th, Feb, 2013

Liveforever - Submitted 17th December - Awaiting

Uaelaelil - submitted 14th November - Awaiting

Received all our documents back today, and a letter confirming my wife's visa has been approved

Prior to that there was a card put through our door while we were out, so I'm assuming that's the residence permit.

Thankyou very much to everyone for your help and advice, especially 7by7.

Just feel a massive relief that it has all gone through smoothly, and a huge weight has been lifted from our shoulders.

I believe that you need to have been married for at least 4 years for your wife to qualify for ILE, and that living together previously does not count. Not sure if this applies to you, but I was living with my wife in Thailand for more than 4 years, but because we had only been married for 3 years and 9 months they refused to issue her ILE on those grounds.

full 2 years for the spouse visa, on top of the 6 month tourist visa I mean.

I'm pretty much certain that she won't be able to apply until August at the earliest, when she will have been in the UK for 2 years on a spouse visa.

It dawned after me afterwards why you had probably asked the question. Sorry it's not what you want to hear, but I don't think there is any way of avoiding the fee increase to bring them all to the UK.

My wife came on a 6 month tourist visa originally, and she had to wait the full 2 years before she could apply for ILR.

I think I'm right in saying that the visit visa is irrelevant. She can apply for ILR after she has been in the UK on a spouse visa for at least 2 years, which should allow a 3 month period until her spouse visa expires in her passport. She will need to have passed her Life in the UK test before she applies for ILR so if she hasn't already done so I recommend that you get that sorted out as soon as possible, as she may as well do it now as in 6 months (and the test is quite difficult so she might not pass first time).

The new law which was passed sometime in July only applies for Thais who came to the UK after this date, so you will not need to meet the requirements of the new rules regarding income etc because she was already here prior to that.

I think that is all correct, perhaps someone else could confirm??

Congratulations!!

Where's mine!!??

Congratulations Chitty

Seems like 4 months is about the norm at the moment, so hopefully me and Silverdales won't have to wait much longer

Congratulations TigerJohn

OK, thanks. I won't get too excited just yet then.