British Citizen Help

[Duffill01]

Hi Guys/Girls

 

I am hoping I can get some advice about my wife becoming a British Citizen or coming to live in the UK.

 

She's currently a government registered teacher working at the local school and has a first class degree in teaching English (equivalent of an undergraduate degree in England).

 

After spending the summer holiday with her, she's decided she'd love to come to the UK, settle down and either work/study. However, we are unsure about the best way to do it and are expecting it to be much tougher than the usual tourist visa.

 

Currently, she has visited England a number of times and our marriage (two years ago) has been registered in the UK but not Thailand. 

 

We just wondered if anybody has been in a similar situation and could point us in the right direction. 

 

Thank you for any help, it's appreciated.

 

Luke and Bim

 

 

[7by7]

She can only become a British citizen if she is a UK resident with nor restriction on her stay in the UK, e.g. she has settled status also known as Indefinite Leave to Remain.

 

For her to obtain this there will be three applications required:

• initial visa application submitted in Thailand;
• further leave to remain submitted in the UK after she has lived here for 30 months;
• indefinite leave to remain submitted in the UK after she has lived here for a further 30 months, 5 years in total.

For more see the relevant to you parts of:

• Family visas: apply, extend or switch for the initial visa and FLR,
• Find out if you can apply to settle in the UK for ILR (your wife will be on the 5 year route).

You will also have to satisfy the financial requirement at each stage.

 

Once she has ILR, because she is the spouse of a British citizen she can apply for naturalisation immediately; provided she satisfies all the other requirements. See Apply for citizenship if your spouse is a British citizen

[theoldgit]

......and our marriage (two years ago) has been registered in the UK but not Thailand. 

7by7 has given you a general overview so I there’s no need to expand on that but I don’t understand this quote.
You say your marriage has been registered in the UK but not Thailand, what do you mean by that?
If you legally married in the UK then you are legally married, full stop, there’s no need to register your marriage in Thailand.
Are you talking about something else?
 
 

[Duffill01]

Hi there, thank you both so much for your replies. 

 

To give a bit more information, I'm currently a teacher in England and am therefore meeting over the required limit in terms of salary. The plan is for my wife to come and live with me and eventually become a British citizen. As she's a great teacher we would also like her to become qualified. 

 

Our wedding is registered in the UK although we had heard that some documents needed to be sent to the local office in Thailand? It's great to hear that this might not be the case though.

 

Can I just clarify that the first step would be to apply for a 'family visa' whilst she is in Thailand and then for her to stay for 30 months? I am very excited to get the ball rolling and at the prospect of her living here.

 

Thanks again

 

Luke.

 

 

 

 

[wotsdermatter]

Try going the official route in England and talking with the government personnel then you do not get the runaround.  They have all of the correct information and can supply all of the documentation about requirements, etc.  It is easier than relying on other sources and there is no confusion involved.

 

'nuf sed

[theoldgit]

5 hours ago, Duffill01 said:

Our wedding is registered in the UK although we had heard that some documents needed to be sent to the local office in Thailand? It's great to hear that this might not be the case though.

 

Can I just clarify that the first step would be to apply for a 'family visa' whilst she is in Thailand and then for her to stay for 30 months? I am very excited to get the ball rolling and at the prospect of her living here.

I'll ask again, what do you mean when you say your marriage is registered in the UK, I assume you mean that you married in the UK?

 

Yes, she would need to apply for a family (of a settled person) visa, after 30 months she applies for further leave to remain and then indefinate leave to remain 30 months after that.

[theoldgit]

5 hours ago, wotsdermatter said:

Try going the official route in England and talking with the government personnel then you do not get the runaround.  They have all of the correct information and can supply all of the documentation about requirements, etc.  It is easier than relying on other sources and there is no confusion involved.

The official route for an applicant from a Thai living in Thailand is to apply in Thailand, there's no official route in England. Documentation and information is available online, and the application has to be submitted online, there should be no confusion.

 

'nuf sed 

[cookieqw]

9 hours ago, theoldgit said:

I'll ask again, what do you mean when you say your marriage is registered in the UK, I assume you mean that you married in the UK?

 

Yes, she would need to apply for a family (of a settled person) visa, after 30 months she applies for further leave to remain and then indefinate leave to remain 30 months after that.

for a teacher he doesnt explain things at all well

[HHTel]

In context I think he was married in the UK and was under the impression that it had to be registered in Thailand.  However, as has been pointed out, that is not the case. I shouldn't imagine there'll be a problem getting a 'spouse' visa as she's been several times,

British citizenship comes eventually but needs to demonstrate her English and pass the 'Britishness Test (unless this has been scrapped, as it should be).

One more thing to mention is that if her degree is Thai,  in order to get a job she may have to shop far and wide to find a company/organisation that will recognise her degree.

[Elad]

Just like to say that we married in the UK whilst my partner was on a six months visit visa back in 2012, and we never had it registered in Thailand. We then applied for settlement (twice, first one refused due to not meeting the financial requirement) and was granted the visa, the ECO never mentioned anything about the V V marriage or a Thai registration. 

So the op should be fine as long as they meet all other requirements.

[jimn]

3 hours ago, Elad said:

Just like to say that we married in the UK whilst my partner was on a six months visit visa back in 2012, and we never had it registered in Thailand. We then applied for settlement (twice, first one refused due to not meeting the financial requirement) and was granted the visa, the ECO never mentioned anything about the V V marriage or a Thai registration. 

So the op should be fine as long as they meet all other requirements.

7by7 or theoldgit may correct me but I was under the impression that a Thai cannot get married in the UK on a General (visit) visa unless specifically applied for under a special category of a General Visa. So the OP and yourself have in fact married outside the terms of your visa. Not sure where you stand on that.

[Elad]

The rules may have changed now in terms of getting married on V V in the UK. In 2012 the registry office let us marry knowing my partner was on a general visit visa, they said there nothing to stop us getting married.

 

My wife has been in the UK over 4 years now and we'll be applying for ILR next year. 

 

I wouldn't advice anyone to go the same route as we did because i don't think it's possible now.

 

It saved us getting married in Thailand and the cost of an extra FLR though. ?

[brewsterbudgen]

The rules may have changed now in terms of getting married on V V in the UK. In 2012 the registry office let us marry knowing my partner was on a general visit visa, they said there nothing to stop us getting married.
 
My wife has been in the UK over 4 years now and we'll be applying for ILR next year. 
 
I wouldn't advice anyone to go the same route as we did because i don't think it's possible now.
 
It saved us getting married in Thailand and the cost of an extra FLR though. [emoji6]

Maybe it wasn't available in 2012, but now you can get a Marriage Visitor visa which allows you to marry in the UK while visiting. The requirements are much the same as general Visitor visa. We used this in 2016 and the Registrar checked her visa carefully.

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app

[Cranky]

She must apply in Thailand for a Settlement Visa online with you as her sponsor.  Once the forms are completed make an appointment with VFS at the Trendy building, Bangkok Soi 13 to provide the biometrics (retina scan and fingerprints) and send the documents to the home office in Sheffield.  This is a PO Box so couriers will not send to it so use registered post but you need to provide a SAE to return any original dox you submit if you want them back.

 

In pounds - 1523 for the application, 800 to the NHS.  Plus, IELTS english test, (7000 Baht) TB test (3,600 only at permitted clinic) and Police Clearance Certificate (1600 Baht) from the cop shop near Henry Dunant in Bangkok.  Plus loads of photos, proof of marriage (UK fine), financial requirement, proof of any divorce as well in copy of decree absolute, proof you earn over 18,600 P.A. proof of your address if you are bringing her over from here - or proof of where you will stay in UK if you live here.  Fast track an extra 26,000 Baht or 'normal' takes 90 days. 

[brewsterbudgen]

1 minute ago, Cranky said:

She must apply in Thailand for a Settlement Visa online with you as her sponsor.  Once the forms are completed make an appointment with VFS at the Trendy building, Bangkok Soi 13 to provide the biometrics (retina scan and fingerprints) and send the documents to the home office in Sheffield.  This is a PO Box so couriers will not send to it so use registered post but you need to provide a SAE to return any original dox you submit if you want them back.

 

In pounds - 1523 for the application, 800 to the NHS.  Plus, IELTS english test, (7000 Baht) TB test (3,600 only at permitted clinic) and Police Clearance Certificate (1600 Baht) from the cop shop near Henry Dunant in Bangkok.  Plus loads of photos, proof of marriage (UK fine), financial requirement, proof of any divorce as well in copy of decree absolute, proof you earn over 18,600 P.A. proof of your address if you are bringing her over from here - or proof of where you will stay in UK if you live here.  Fast track an extra 26,000 Baht or 'normal' takes 90 days. 

If she has a "first class degree in teaching English" she shouldn't need to do the English test.

[Cranky]

17 minutes ago, brewsterbudgen said:

If she has a "first class degree in teaching English" she shouldn't need to do the English test.

Wrong.  Still has to get the IELTS certificate.

[HHTel]

6 hours ago, Elad said:

The rules may have changed now in terms of getting married on V V in the UK. In 2012 the registry office let us marry knowing my partner was on a general visit visa, they said there nothing to stop us getting married.

 

My wife has been in the UK over 4 years now and we'll be applying for ILR next year. 

 

I wouldn't advice anyone to go the same route as we did because i don't think it's possible now.

 

It saved us getting married in Thailand and the cost of an extra FLR though. ?

My friend married my wife's friend whilst she was visiting the UK but that was some years ago.  After checking the gov.uk site, it doesn't seem possible now as to get married you need a 'marriage visa' or sometimes known as 'fiancee visa'.

[7by7]

11 hours ago, Elad said:

Just like to say that we married in the UK whilst my partner was on a six months visit visa back in 2012,

 

7 hours ago, jimn said:

7by7 or theoldgit may correct me but I was under the impression that a Thai cannot get married in the UK on a General (visit) visa unless specifically applied for under a special category of a General Visa.

 

7 hours ago, Elad said:

The rules may have changed now in terms of getting married on V V in the UK. In 2012 the registry office let us marry knowing my partner was on a general visit visa, they said there nothing to stop us getting married.

 The rules have changed.

 

It is now no longer possible to marry in the UK if here as a standard visitor. As @brewsterbudgen says, for a visitor to marry in the UK they need a marriage visit visa.

[7by7]

3 hours ago, Cranky said:

3 hours ago, brewsterbudgen said:

If she has a "first class degree in teaching English" she shouldn't need to do the English test.

Wrong.  Still has to get the IELTS certificate

 It depends.

 

Knowledge of English 

Quote

Academic qualifications

You can prove your knowledge of English if both:

• you have a degree or academic qualification that was taught or researched in English
• your qualification is recognised by UK NARIC as being equivalent to a UK bachelor’s degree or higher

You’ll need to send a certificate from UK NARIC confirming this when you apply

This will satisfy the language requirement for all stages; initial visa, FLR, ILR and naturalisation. Though for ILR and naturalisation one will still have had to pass the LitUK test, no matter how one satisfied the language requirement.

[Elad]

Hi 7by7

Is the 'marriage visit visa'  same as a 'fiancee visa' or are they two separate visas?

  

[brewsterbudgen]

3 hours ago, Cranky said:

Wrong.  Still has to get the IELTS certificate.

That's interesting.  I thought if someone could show that they have achieved the required CEFR level by showing an acceptable alternative qualification (like a degree in English), it was allowed.

[7by7]

1 minute ago, Elad said:

Hi 7by7

Is the 'marriage visit visa'  same as a 'fiancee visa' or are they two separate visas?

  

 There is no official type of visa as a fiance visa. It is a term often used unofficially for those applying for settlement as a fiance. Therefore it costs the same as any other category of settlement visa. It is, like a visit visa, only valid for 6 months during which the marriage must take place, otherwise the holder has to leave the UK. Once the marriage has taken place, the holder applies for FLR to start down the 5 years to ILR.

 

A marriage visit visa is a visit visa, it cannot be converted into settlement in the UK and the holder must leave the UK when or before it expires; just like any other type of visit visa.

 

[Cranky]

1 hour ago, brewsterbudgen said:

That's interesting.  I thought if someone could show that they have achieved the required CEFR level by showing an acceptable alternative qualification (like a degree in English), it was allowed.

Appears there is a way if: (from UK Gov site)

Academic qualifications

You can prove your knowledge of English if both:

• you have a degree or academic qualification that was taught or researched in English
• your qualification is recognised by UK NARIC as being equivalent to a UK bachelor’s degree or higher

You’ll need to send a certificate from UK NARIC confirming this when you apply.

[Duffill01]

Hello again,

 

Thank you all very much for your help. I've just contacted one of the government advisors who wasn't very sure herself.

 

As far as I can understand we need to apply for the 'family of a settled person visa' which may allow her to work. In addition to this, we both need to provide information in Thailand and in England.

 

Fortunately, my wife has received confirmation from NARIC that her degree is equivalent to a undergraduate degree here. We are both hoping that this means she will not have to take the Knowledge of England test. 

 

The only problem that may arise is that we have not lived together for the last two years. I returned to gain my teaching licence here in England and have been successful in finding a job here starting in September.

 

Thank you again, all your advice is much appreciated.

 

Luke and Bim

[theoldgit]

The only problem that may arise is that we have not lived together for the last two years. I returned to gain my teaching licence here in England and have been successful in finding a job here starting in September.

As has been pointed out before, yes, your wife applies as the spouse of a settled person. I’m still assuming you’re married as whilst you’ve said your marriage is registered in the UK, I don’t recall you saying that you’re legally married, apologies if I’ve missed your confirmation.

Don’t worry about the “two year rule” that applies to unmarried couples who have been living together in a subsisting relation for more than two years, not married couples who have been living apart.

Many married couples are living in different continents and successfully apply for “settlement visas” based on the fact that their actually married.

 

 

 

 

 

 

I

 

[TCA]

1 hour ago, Duffill01 said:

Fortunately, my wife has received confirmation from NARIC that her degree is equivalent to a undergraduate degree here. We are both hoping that this means she will not have to take the Knowledge of England test.

 

On 8/28/2018 at 7:45 AM, 7by7 said:

 Knowledge of English 

This will satisfy the language requirement for all stages; initial visa, FLR, ILR and naturalisation. Though for ILR and naturalisation one will still have had to pass the LitUK test, no matter how one satisfied the language requirement.

 

[brewsterbudgen]

Appears there is a way if: (from UK Gov site)

Academic qualifications

You can prove your knowledge of English if both:

• you have a degree or academic qualification that was taught or researched in English
• your qualification is recognised by UK NARIC as being equivalent to a UK bachelor’s degree or higher

You’ll need to send a certificate from UK NARIC confirming this when you apply.

I thought so. It would be ridiculous to make someone with a degree in English sit the very basic A1, A2 and B1 language tests.

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app

[7by7]

On ‎8‎/‎29‎/‎2018 at 9:51 AM, Duffill01 said:

Fortunately, my wife has received confirmation from NARIC that her degree is equivalent to a undergraduate degree here. We are both hoping that this means she will not have to take the Knowledge of England test

 If NARIC have confirmed that her degree is the equivalent to a bachelors degree or higher, then she will not have to sit any language tests.

 

Does the 'equivalent to a undergraduate degree' mean that it is at least equivalent to a bachelors degree?

 

Remember that whilst her degree may exempt her from the speaking and listening tests, she will still have to pass the LitUK test for her ILR. That pass can then be used again for her citizenship application.

[7by7]

On ‎8‎/‎28‎/‎2018 at 9:06 AM, Cranky said:

Appears there is a way if: (from UK Gov site)

 

On ‎8‎/‎29‎/‎2018 at 3:08 PM, brewsterbudgen said:

I thought so. It would be ridiculous to make someone with a degree in English sit the very basic A1, A2 and B1 language tests

 

Indeed, gentlemen; see my reply to your initial posts!

 

[Duffill01]

Hello again,

 

Can I ask does the six months you need to earn over a certain amount have to be from yourself or a combination of you and your parents? This is because I have just started working today and it is my first year teaching. Also, are people allowed to work on the family settlement visa? 

 

Unfortunately I'm still confused about a few things and we'd love to know if she can apply now.

 

Thanks again

 

Luke.