7by7

Indeed, all persons over 11 applying in Thailand for a visa to enter the UK for more than 6 months require a TB certificate; regardless of the category of visa they are applying for.

Whoever told your wife that she has to be over 21 is talking rubbish.

I am certain that no one at the IoM clinic would have told her this nonsense.

NB.

I have moved some posts from another topic to this one. Please do not post the same question in multiple topics; it causes confusion and duplication.

In addition to he above; documents in Thai should be accompanied by an English translation, documents in English do not need to be translated into Thai.

As Frogstar says, unfortunately at present your partner does not qualify for a UK settlement visa as you both need to be 21 or over. However, there is no age limit for visitors.

Do you live in Thailand? If so, there should be no problem with a visit visa for your partner, but if you live in the UK you will need to show a good reason why your wife will return to Thailand after the visit and not stay in the UK with you and her daughter. As well as any other evidence you have, say in your sponsor's letter that you are aware of the age limit for settlement as a spouse/partner which is why she is not applying for settlement at this time.

BTW, Frogstar, it was not the UKBA that decided to increase the age limit for spouses, fiances and partners; it was the government.

The qualifications you have listed previously are sufficient for FLR. A1 is a very basic level, your wife's qualifications are much higher.

I have combined your two topics to avoid confusion among members who may not have read your previous one.

All of the above, plus this site.

We will try and post the information when and if a final decision is made.

"Skills for life" and "citizenship" are basically the same thing as far as the UKBA are concerned. So, it looks as if she has taken the correct course.

However, in addition to the certificates she does need a letter from the college as per the template linked to above. The problem being that you say the letter she actually has says "that the course was not based on approved citizenship materials...."

The college say that this letter has been acceptable in the past, but, as you say, I doubt that they will pay the ILR fee if her application is rejected because it isn't!

All I can suggest is that you contact the UKBA and see what they say.

Phone: 0870 606 7766

Email: UKBApublicenquiries<at>ukba.gsi.gov.uk (address altered to try and frustrate spambots; replace <at> with @)

Address: UK Border Agency, Lunar House, 40 Wellesley Road, Croydon, Surrey CR9 2BY

I would suggest emailing or writing; the phone lines don't always give the best advice, and you want something in writing.

What I probably need is a 'Student Visitor Visa'. No idea if how easy these are to come by. I've spoken to some language schools already who would be happy to take her on so that side of things should be good.

A student visit visa can be valid for up to 11 months if studying an English language course. Her actual allowed length of stay will be based on the length of the course she will be attending. See Student Visit Visas.

A standard UK visit visa is for 6 months, and unless the ECO has a justifiable reason for restricting the length of the visa, this is what is issued.

You, or rather the applicant, must complete the application completely and truthfully. If the intention is to stay for three months then this is what they must say. If she has a genuine reason for staying in the UK for three months, or longer, then there is no reason why there would be a greater chance of rejection than if saying she intends to stay for 2 weeks.

There is no reason under the immigration rules why a visitor cannot stay longer than originally stated, as long as they leave the UK when or before their visa expires. However, it can cause credibility issues in future applications if they do so. Therefore, in future applications they should provide a brief explanation of why they did so.

Just noticed your name so guessing you have Irish roots...so may be easier to apply through the Irish Embassy in BKK as you may be able to use invites from friends & relatives in Ireland to support the application....

Like the UK, the RoI is not part of the Schengen area, so an Irish visa does not allow entry to a Schengen state.

You should obtain the Schengen visa from the country you will be visiting, or if touring the country you will enter first. So decide that and then check on that country's website for the details.

Among other things, you will need

• Address of where she will be staying, such as a provisional hotel booking
• Evidence of adequate health and accident insurance
• Evidence of sufficient finance for the trip
• Evidence she will leave the Schengen area at the end of the trip.

See the application form and guide for full details.

There is a minimum age for applying for settlement as a spouse, partner or fiance. It was 18, but was raised by Labour to 21, but as you rightly say this has been challenged in the courts and been deemed unlawful. It remains to be seen whether or not the current government appeal the decision or simply reduce the age back to 18. See this topic for more.

There is, however, no minimum age for a visitor. For her to obtain a visit visa she basically has to satisfy four points

• She is a genuine visitor with a genuine reason to visit the UK.
• She will be adequately maintained and accommodated while in the UK without recourse to public funds.
• She does not intend to work or study while in the UK.
• She will leave the UK when, or before, her visa expires.

For more info on visit visas, see UK visit visa basics.

As Bangkockney says, she cannot study if in the UK as a visitor. From what you have said, she is now 18, in which case she will need a Tier 4 visa under the points based system if she wants to study in the UK. See Adult students under Tier 4 (General) and the appropriate links from there.

Note to all.

I have removed some irrelevant posts. Please stick to the topic, and if you have nothing to say; say nothing.

There is also no minimum age for a British passport; indeed it is compulsory for children, even infants, to have their own passports.

To obtain a first British passport in Thailand, see How to apply from Thailand (First time applications).

Josephinebloggs,

One of the basic principles of UK law is that everyone is, or at least should be, treated equally. This applies as much to the UK immigration rules as any other UK law.

Everyone who applies for a UK visa has to satisfy the criteria for that visa, and whilst it is obvious that some will find it easier to do so than others, that principle is there and long may it continue to be so.

Some of your comments display an ignorance on your part of the UK immigration rules, which is understandable and forgivable if you have never dealt with them before.

Unfortunately, they also display ignorance and prejudice in other areas, prejudice which is not welcome on this forum.

If the people you refer to have obtained UK visas it is because they have shown that they qualify for that visa; and that should be the end of the matter as far as anyone is concerned.

You are appear ignorant enough to now be thinking that I and those others who object to your comments must be the 'things' you refer to; your right to hold an opinion, no matter how erroneous and ignorant it is. But keep your ignorant prejudice off this forum.

You have been given the information you need and asked for, so this topic is now closed.

Bank statements are required to show that whoever is paying for the trip has the funds to do so. Therefore, if you are totally funding the trip and she is contributing nothing toward the cost then strictly speaking there is no need to provide hers.

Having said that, I would do so anyway, if only to stop the ECO wondering why she hasn't!

Which wont help as any info in the passport will also be on various immigration databases.

This is the 21st century, not the 19th!

Have a look at Demonstrating your knowledge of language and life in the UK and the template of the letter confirming that the relevant criteria are met.

I can't be sure without seeing the letter your wife has been given, but from what you have said it sounds like it doesn't meet the requirements as the citizenship element was not "derived from "The Citizenship For ESOL Learners" pack produced for the Home Office by NIACE and LLU+."

I would first check again with the college, if they have previously given this letter to students who have used it to make successful ILR applications then your wife should be OK too.

But if they say that the course doesn't meet the requirements then submitting an ILR application will be a waste of time and money as she will only be refused; so she should apply for FLR again, unless she has time to get the correct qualification before her current leave expires.

Should this course prove unsuitable, having lived and worked in the UK for 4.5 years and reached ESOL entry level 2 she may be proficient enough in English to study for and take the Life in the UK test; which would be a cheaper and quicker option than sitting another ESOL with citizenship course.

Some posts have been removed.

If certain posters (you know who you are) cannot behave like adults then they will be given long posting holidays until they learn how to do so.

The right to family life under Article 8 of the ECHR is a qualified right; the law, including immigration law, of a signatory state takes precedence.

This means that if someone did not apply for ILR, for any reason, or was refused then they would have to leave the UK; if they didn't then they would be in the UK illegally.

The fee charged for ILR and most other visa and leave to remain applications is way above the actual cost of processing them; according to the governments own figures. This is because the last Labour government decided that the UKBA should pay for itself, so these fees have to cover the cost of immigration officers at ports of entry and other UKBA activities which cannot be charged for. Despite vociferous objections from both the Tories and the LibDems when Labour introduced these fees, they have not only kept them but continued with Labour's policy of regularly increasing them by amounts well above inflation.

Immigration Rules, Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom, Para 287(a)(i)(f)(iv)

there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively

I know that "own or occupy exclusively" does not preclude living with a friend or relative, as long as there is at least one room for the couple's exclusive use. I have never said otherwise.

But camping out on someone's sitting room floor does not give the couple a room for their exclusive use. Although if they could show, if required, that it was a temporary measure due to some emergency then it would probably be acceptable. It was an extreme example, anyway.

For the vast majority of applicants accommodation is not an issue. The address given on Form SET(M) will be the same as that given on the original Form VAF4A or, if applicable, previous Form FLR(M) and the letters provided under section 10 of SET(M). However, it is my understanding that if one or more of these addresses are different then the UKBA can make further enquiries; as they can on any point which they wish to clarify.

If my understanding is wrong, will you kindly direct me to the appropriate guidance, thank you.

If she is living the her family home, then she is not totally reliant on her aunt, so wont get a settlement visa. I'm afraid that the fact her standard of living would be better in the UK, or worse in Thailand if her aunt didn't send her family money, is not a consideration under the UK's immigration rules.

To qualify for a student visa she would first have to find an approved educational establishment in the UK to confirm that they have accepted her onto a course and sponsor her application. She would also need to show that she has the funds available to pay for her course and support herself while in the UK. These funds can come from her or a third party and do not need to be instantly available but can come from income; but not any potential income she may have if she were to work in the UK while studying (students can work up to 20 hours a week)

She would also have to provide an English certificate from an approved provider.

See Studying in the UK and the appropriate links from there.

If she lives outside the UK for a continuous period of two years or more then her ILR will lapse. The only way of preventing this is to return to the UK to live before the end of the two years.

You may be able to 'reset the clock' by making visits to the UK, but if an Immigration Officer at her port of entry suspects that this is what she is doing then she will be questioned about her intentions and if the IO's suspicions prove to be correct her ILR will be canceled; although she will be allowed in as a visitor on that occasion.

Some may ask how the IO would find out as the UK does not stamp passports on exit; but the Thai, or other, entry and exit stamps would be a major clue!

The only way for an immigrant from outside the EEA to achieve the freedom to leave and enter the UK as often and for as long as they wish is to live in the UK long enough to qualify for British citizenship; currently three years for the spouse or partner of a British citizen, 5 years for others (there are, of course, other requirements as well as these residential ones).

If her ILR does lapse then she will have to apply for the appropriate visa to enter the UK.

If the niece is under 18 then the only way that your sister-in-law would get a settlement visa for her is if she can show that the girl is totally reliant on her for financial support etc. and has no other family in Thailand to whom she can turn for support.

If the niece is 18 or over then in addition to the above she would need to show that she is not living an independent life and is, through physical or mental disability, incapable of doing so or supporting herself.

If she doesn't meet the above requirements, I don't think that even adopting the girl, which would be a long and complicated process, would help. Of course, if she is over 18 then adoption wouldn't be an option anyway.

There is, of course, no reason why the niece cannot apply for, and be granted, a family visit visa; but it would only be a visit for a maximum of 6 months.

True, but then so are finances!

However, I wonder what the response from the UKBA would be to an ILR application where the couples original accommodation was no longer available and they were currently sleeping on a friend's sitting room floor!

Well, saying

^{Ok so maybe you have to lie a little bit!! thats called a wight lie in english!! and there not so bad.}

It is perfectly legal for Thais to hold dual nationality.

Some Thai immigration officials do seem unaware of the change in Thai nationality law which happened, if memory serves, some 15+ years ago. If they give you trouble, insist on speaking to someone higher up.

Neither my wife nor step-daughter have ever had any trouble entering or leaving Thailand, nor when renewing their Thai passports; both in Bangkok and at the RTE in London.

Form EEA2 is for non EEA family members of EEA nationals who are living in the UK and wish to apply for a residence card. Doing so is not compulsory.

You say that your partenr will be living in the UK and that UK insurers wont cover non UK residents. Which presumably means that she is not yet living in the UK.

If she is still living in Thailand and wants to apply for an EEA Family Permit so she can live in the UK with you then she needs Form VAF5.

See How to apply for an EEA family permit

However, you say that she is currently with you in the UK. What type of visa or entry clearance does she hold?

If it's an EEA Family Permit then she is a UK resident, so UK companies should cover her.

Edit:-

A vague memory followed by a search of you posting history took me to this topic.

She is not a UK resident as she is in the UK with a UK visit visa. Form EEA2 is (usually) used by applicants who are already UK residents.

Also, as said in that other topic, there is doubt whether she qualifies for an EEA Family Permit as your unmarried partner as, from what you say there, you have not been living together in a relationship akin to marriage outside the UK for at least the last two years.

NB. If posting a follow up to a previous topic it will help if you refer to that previous topic. With the greatest respect, whilst you can remember what you have posted before, most of the rest of us cant!

A change of plans is one thing, a deliberate lie in an application is completely different.