7by7

The travellers under 18 section (part 7 of the form) is only to be completed by travellers under 18 applying for a visa. As your wife is presumably over 18 she should leave this blank.

Details of any children and other family members should be entered in part 4. This needs to be completed even if they themselves are not applying for a visa.

Questions 5.15 to 5.19 should be completed, entering the approximate amount you are providing and answering the other questions. As you are financing the trip then you need to provide evidence of your ability to do so; pay slips and/or bank statements for at least the last three months, six months is better.

You may find UK visit visa basics helpful.

Not got to Parliament yet, it is merely a policy document up for consideration by the government.

To be honest, when I said

One of the proposals currently being considered by the government is to make the residential requirement for spouses and civil partners the same as for everyone else; 5 years

The actual proposal is to increase the probationary period for ILR from two years to five.

Another proposal is to effectively do away with ILE by making couples who would currently qualify for it live together in the UK for 5 years before the foreign spouse is free from immigration time restrictions.

If this does come into effect then this would effectively increase the residential qualification for naturalisation to 5 years for spouses and civil partners who must be free of immigration time restrictions when they apply and 6 years for others as they must have been free of immigration time restrictions for at least 12 months before applying.

If it is introduced then those who already have ILR are unlikely to be affected; they weren't when the probationary period was increased from 12 months to two years by Labour. So, as your wife has ILE it is unlikley that she would be affected. Aplols for any panic caused.

However, all the rules and requirements are subject to change by the government at any time, so you should always check the current requirements before applying.

Markkuwait, the standard residential requirement, which you have linked to, is 5 years, but the opening paragraph of the page you linked to includes

If you are married to or a civil partner of a British citizen, the requirements you need to meet are different; you should read the Spouses and civil partners page for more details.

One of the proposals currently being considered by the government is to make the residential requirement for spouses and civil partners the same as for everyone else; 5 years. But at present it is three years; as per the page I linked to earlier and linked to again by Steve187 above.

Yes, but they will need to give notice at a designated registry office. See here.

She cannot, though, apply to remain in the UK after the marriage; she will have to return home and apply for settlement there as his spouse if she wishes to live in the UK after the marriage.

One of the requirements for naturalisation is that the applicant must have no time restriction on their stay in the UK. You say that your wife has ILE, so that is covered.

Having passed the Lituk test to obtain her ILE she does not need to do so again for naturalisation.

There is a residential requirement.

• As she is the spouse of a British citizen she must have been legally in the UK on the exact date three years prior to the UKBA receiving her application; the type of visa she had at that time does not matter.
  
• During the three years prior to them receiving her application she must have spent no more than 270 days out of the UK with no more than 90 days in the final year.
  

So if she was in the UK on 1st March 2009 and will have spent less than 270 days out of the UK between then and 1st March 2012 and less than 90 days out of the UK between 1st march 2011 and 1st March 2012 then she can apply on the 1st March 2012. I'll let you do the maths and work it out.

For more details on the qualification requirements, see Requirements for naturalisation if you are married to or the civil partner of a British citizen

For how to apply, fees etc. see How do I apply for naturalisation as a British citizen? and the relevant links from there.

Waiting times suggest that processing in most cases takes three to 6 months.

Once her application has been successful then she will need to attend a citizenship ceremony before she can apply for a British passport. Most local authorities hold these monthly; possibly longer depending on demand.

All adults, whether naturalised or born British, applying for their first passport now need to attend an identity interview. The IPS say that because of this applicants should allow 6 weeks for their passport to arrive. See Applying for your first adult passport.

Taking all of that into consideration, I reckon that you should allow at least 6 months from submitting the initial naturalisation application to receiving her passport; possibly longer.

People have been known to provide false documents with a visa application, such as proof of employment; as your girlfriend has done once before in her Australian application.

Her first UK application was fast tracked due to the exceptional compassionate circumstances, applying a second time so soon may cause the ECO to check further. I expect that they will want to speak to her boss and if either the letter with her first application or the one with the second, or both, were written in English they will want to speak with him in English. If he is unable to do so then they will be very suspicious and almost certainly believe the letter to be fraudulent.

Even if he can speak English, or both letters were written in Thai, they still may not believe him, for the reasons already stated.

Although the level proof required for a visa application is only on the balance of probabilities, the burden of proof does lie with the applicant. If she cannot satisfy the ECO that all she has said is true and that she genuinely is being given so much holiday despite her short time in that employment, then no visa.

Remember that most Thais only get two to three weeks holiday per year, why should the ECO believe that she is getting 6 months?

There is nothing to stop her from applying again; but my honest opinion is that it will probably be refused for the reasons I have stated.

But, as I've already said, that is my opinion, others may hold a different one.

I can see the refusal notice in my mind as I type:

"I do not find it credible that an employer would grant anyone, let alone a new employee, so much time off. Therefore I do not believe that you have sufficient ties to Thailand to leave the UK at the end of your visit and I refuse the application."

You asked for opinions, I have given you mine. Whether you accept it or not is your choice.

Others may disagree with me; we'll just have to wait and see what they say.

Sheryl; a worthy winner in my opinion.

I see I got 2 votes; wonder who the other one was!

OK, so she now does legitimate work.

But do you really expect the ECO to believe that after a few months, at most, of employment that her new employer is going to be so generous with time off? That her employer is effectively going to give her 6 months holiday in one year?

As I said, good luck with that; you are going to need it.

.........and yes, we got this visa so she could give birth here so that i am with her when it happens..............ps: it was a tourist visa 3 months

Meanwhile relax, your embassy was aware she was pregnant on time of visa application so there should not be anything to be worried of.

Were they and are you sure?

I suppose the OP has nothing to worry about....Apart from a massive hospital bill and possibly his gf being booted out at the end of her 3 month visa!!!

RAZZ

Indeed, Razz.

As said earlier, they may have been aware that she was pregnant but as she applied for a tourist visa not a medical one they would not have been aware that she intended to give birth in Belgium; unless she told them at the interview.

Pieter, you need to get this aspect sorted; do not assume that it is 'their' problem and all will be ok if you do nothing.

I've added to my previous while you were posting; suggest that you read it again.

Having looked at your previous posts I found this topic from November. So know now that you are British and your girlfriend is Thai.

In that topic you say that she was going to ask her employer to write a letter granting her the time off so she could travel to the UK for your mother's funeral.

Yet you said here back in February that she wasn't working.

So some time between February and November she found an employer who, even though she had been in their employ for at most 9 months, was willing to give her three months off so she could travel to the UK for your mother's funeral and then after she has been back at work for just three months will be willing to give her another three months off for a holiday?

Well, good luck with that. I don't know of any employer, in the UK or Thailand, who would be that generous.

However, you said in the February topic that "i dont know how im gonna explain what she does during the time im not there, i am very open about things in thailand and so i let her "work" " so I have to wonder how genuine that employers letter was. Particularly as you also say that she had previously provided a false employment letter to obtain an Australian visa.

If the ECO has similar suspicions, follows them up and discovers that they are correct then she may well find she is banned from visiting the UK for the next 10 years.

Indeed, your post is confusing and it is not clear which country you are asking about; the UK or Thailand?

If the UK then whilst there is a maximum limit allowed of 6 months in the UK per visit, there is no maximum on the amount of time spent in the UK as a visitor each year. However, visit visas are for visits, so the convention is that a visitor should not normally spend more than 6 months out of any 12 in the UK.

If I understand your post correctly you do not intend to do this.

Whilst each application is treated on it's own merits, that you have previously visited the UK and complied with your visa conditions is a plus point. But you will still need to show that you have a genuine reason for visiting the UK again so soon after your previous visit.

The other thing they accept I'd a letter grok the Council for Electoral role application. That worked for my wife at Natwest.

My understanding is that she can't be on the electoral roll unless she is entitled to vote; Thais are not entitled to vote in UK elections.

As the spouse of a British citizen she would need to have been living in the UK for at least three years before she could be naturalised as British and be entitled to vote and so be included on the roll.

So, if you managed to have your wife included on the electoral roll before she was naturalised as British I'd be very interested to hear how it was done; as would many others, I'm sure.

I know absolutely nothing about Belgian immigration law. However, if it is anything like the UK (which it may well be) then applying for a tourist visa when she actually intended to obtain medical treatment in Belgium could very well be classed as obtaining a visa by deception. That she was obviously pregnant when interviewed does not change this; she should have told them the real reason for her visit and applied for the correct visa.

It is not their problem; but it could a big one for her!

What to do about this possible deception, the consequences, if any, of it and whether she can convert a tourist visa into settlement in Belgium, I don't know. To be honest, as you will have noticed, we don't have many (any?) Belgian members here, so I suggest that you contact the relevant authorities in Belgium, explain the situation fully to them and seek their advice on what to do next.

ILR is Indefinite Leave to Remain; which lasts indefinitely.

FLR is Further Leave to Remain; which lasts for two years.

If she meets all the requirements for ILR, basically is time qualified and has satisfied the KOL requirement (see below) then she should apply for ILR; if not then she should apply for FLR. Both applications can only be made in the UK.

To be time qualified for ILR she must have been living in the UK with either a spouse visa or FLR (or a combination of both) for at least 24 months. The earliest she can apply is 28 days before the 2nd anniversary of her first arrival as your spouse, the latest is the day her current visa expires.

KOL is the knowledge of life and language in the UK requirement. There are two ways of satisfying this; either by passing the Life in the UK test or by increasing one level on an ESOL with citizenship (sometimes called 'skills for life') course from an approved provider. There is no need to do both. See Demonstrating your knowledge of language and life in the UK and the relevant links from there for more.

From what you say it appears that you plan to be in Thailand when, or shortly after, her current visa expires. You may need to change your plans. If her visa expires while she is out of the UK then she will have to start the whole process all over again by applying for another spouse visa!

If applying for ILR by post, then the process usually takes three to six months. During this time her passport will remain with the UKBA so she will obviously not be able to leave the UK. If she asks for her passport back before a decision is made then her application will be treated as withdrawn and she wont get the fee back. Plus, of course, she will no longer have a valid visa for the UK so were she to leave the country she would not be allowed back in again.

You can, however, make an appointment to apply in person for a same day decision. Remember, though, that the earliest she can apply in person is 28 days before the 2nd anniversary of her first arrival and if she has not satisfied KOL, and received the required documents to prove it, when she applies then her application will be refused and you will have wasted your money.

Current ILR fees are:

• £972 by post
  
• £1350 in person.
  

These are the fees as at today's date. They are usually increased around March/April each year, so you should check the actual fee when she applies.

For more on how to apply for ILR see Completing application form SET(M) and the relevant links from there.

Many newcomers to the UK have this problem; my wife did.

"You can't open a bank account if you haven't got a credit history; you can't get a credit history if you haven't got a bank account!"

Some banks will open an account for her but not give her a debit card, just an ATM card. So it may be worth shopping around. Alternatively most banks will open a joint account in her and your names.

BTW, I've edited the topic title to show which country you are asking about. Please remember that this is an international forum, not one just for Brits (though it may seem to be at times! )

Yes, things have changed.

Forms must now be completed online and an appointment made to hand in a signed print out of the form plus any other documents required and to have biometrics taken.

Having made the appointment you then have the time until same to gather your supporting documents; but I wouldn't recommend leaving it that late to do so!

They don't have a High commissioner.......

Indeed. Only Commonwealth countries exchange High Commissioners with each other and have High Commissions in each other's countries.

For everyone else they are called Ambassadors and Embassies.

My initial reaction? It's the Daily Mail, take it with a pinch of salt.

Having read it, make that a barrel load of salt!

The article makes it appear that anyone can turn up in an EU country and claim citizenship; this is not true. The article cites a couple from Ecuador who were granted Spanish citizenship. Under Spanish nationality law as they are from Iberoamaerica they do not have to have lived in Spain for 10 years as is the norm; but they would have still needed to have lived in Spain for at least two years (source). Yet the article gives the impression that they were granted it immediately so they could move on from Spain to the UK!

As an MP Ms Patel should know, or find out before she pontificates, which public funds EEA nationals are allowed to claim and which they are not. See page 18 of this document for the full list. Naturally, British citizens residing in another EEA state have similar rights to that state's public funds.

I don't see housing benefit on that list. The article claims this couple is receiving it; yet it doesn't explain how this can be when EEA nationals cannot claim housing benefit. They may well be a legitimate reason why they can receive this benefit; but if there is it would be an exception, not the rule. I suspect that as usual the Mail is cherry picking 'facts' to suit it's prejudices and ignoring those that don't.

Any EEA national is allowed into the UK to exercise their economic treaty rights; and any UK citizen can do exactly the same in another EEA state. This does include job seeking; but they cannot remain in the UK indefinitely if they do not find work and cannot live to the UK merely to take advantage of the UK's benefits system.

1) No; she prints out the online form, signs it and takes it with her to the appointment.

2) Yes, her application will be refused without it.

In addition to her TB certificate she should also present all the other supporting documents; including, but not limited to:-

• Her passport
  
• Photographs of her as per the specification on the application form
  
• Her English speaking and listening certificate
  
• Your marriage certificate
  
• Evidence that there will be sufficient funds to support her in the UK without recourse to public funds
  
• Evidence there will be suitable accommodation for her in the UK without recourse to public funds
  
• Evidence of your relationship, such as phone and email records, letters etc.
  
• Anything else you think will help the application.
  

Note that you should provide the original documents and photocopies. Any documents not in English should be accompanied by an English translation.

Can you just clarify something for me, Tony.

By "locally engaged ECOs" do you mean that they are now employing Thais as ECOs; or are they employing Brits who happen to live in Bangkok? I have always understood that whilst the entry clearance section did employ Thai staff as clerks, interpreters etc. all ECOs were British; which I firmly believe should definitely be the case.

There is a long topic on the update in Forum Support: click here.

Read through it and if your questions have not already been answered, please post them there.

The OP says while he and his wife will be living with his parents, he has sufficient earnings to meet the financial requirements, so third party support is not required.

Even if they did require financial support from a third party, the OP would still be his wife's sponsor; SET3.2 What is the definition of a sponsor?

The sponsor is the person to whom the applicant is married.

All this assumes the OP is asking about the UK; he still hasn't said.

if retrospective reviews aren't doing what they are supposed to, then prior reference to the ECM might be a necessary step. Of course, this would slow down the production line....

Indeed, and people already complain that the process takes too long!

If all refusals were to be reviewed without unduly increasing the processing time this would mean increasing the number of ECM's; more cost to the UKBA. As both this and the last government have a declared intention that the UKBA must be cost neutral this would inevitability result in an increase in visa fees.

I fully accept that anyone who has been refused in error or unfairly is the victim of an injustice, I've been in that position myself, and that all possible and reasonable steps should be taken to ensure that this does not happen.

However, before anyone who is beginning the process of obtaining a UK visa starts to panic it should be remembered that, in Bangkok at least, the success rate for all applications is consistently around 90%.