Uk Visa Thai Wife

[boogie]

I'm sure this has been covered somewhere already, but I have tried to search for it in this forum and I can't find anything.

I was looking at the official UK Visa site with reference to settlement in the UK under the section "Guidance - Husbands, wives and partners (INF 4) (12/10/06)"

After it lists the criteria which need to be fulfiled, it states "At first, you will be allowed to stay and work in the UK for two years" however the final paragraph in that section states :-

"If you and your husband, wife or civil partner have been living together outside the UK for four years or more, and they have been a British citizen for four years or more, there will be no time limit on how long you can stay in the UK."

Does anyone know, as it seems to imply, that if you fit the criteria as outlned in that final paragraph you do not have to wait two years for the ILR ? Also will the applicant still have to take the LITUK test ?

Would appreciate any feedback,

Thanks

[the scouser]

You're correct in your interpretation, that youe wife could qualify for indefinite leave to enter without having to undergo the probationary 2 years, but, as of 2 April, she will also need to establish that she has either sat an ESOL with citizenship course, or passed the Life in the UK test.

I actually stumbled across your card the other day, which I'd kept from that drunken evening in Pattaya last November. Bearing in mind the job that you do, you might be able to get away with having a member of the Bermudian government certify that your wife's English and knowledge of the UK is of a sufficiently high standard.

Anyway, here are the updated immigration rules which set out what constitutes sufficient knowledge:-

33B. A person has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom for the purpose of an application for indefinite leave to remain under these rules if –

(a) he has attended a course which used teaching materials derived from the document entitled “Citizenship Materials for ESOL Learners” (ISBN 1-84478-5424) and he has thereby attained a relevant accredited qualification; or

( he has passed the test known as the “Life in the UK Test” administered by an educational institution or other person approved for this purpose by the Secretary of State; or

© in the case of a person who is the spouse or civil partner or unmarried or same sex partner of:

i) a permanent member of HM Diplomatic Service; or

ii) a comparable UK-based staff member of the British Council on a tour of duty abroad; or

iii) a staff member of the Department for International Development who is a British citizen or is settled in the UK, a person designated by the Secretary of State certifies in writing that he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom for this purpose.

Paragraph 281 now states, inter alia:-

((i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

((ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application;

Scouse.

[boogie]

Hi Scouse,

Yes it was a good evening ! I hope I wasn't talking nonsense, my memory of the evening is a bit hazy !

Thanks very much for clearing that up and supplying the additional info. I will look into your suggestion. One more thing that does raise though - supposing my wife does not fit the criteria for Englsh Language/LIfe in the UK etc. My employment here ends in about two years time. After 27yrs I will be electing to return to my home country with my wife of what will then be 8 years and our two children who are UK citizens other than by descent ( they were born here in Bermuda) . Our two children and myself can return in our own right, what options does that leave us with ? The UK Govt can tell us that a father and two children can return in their own right but the mother is not allowed idefinite leave because she doesn't pass an English test ?

[the scouser]

The UK Govt can tell us that a father and two children can return in their own right but the mother is not allowed idefinite leave because she doesn't pass an English test ?

Unfortunately, that's about the sum of it. If your wife already has an English qualification obtained whilst in Bermuda, is it possible for her teacher to attest that she "has attended a course which used teaching materials derived from the document entitled “Citizenship Materials for ESOL Learners” (ISBN 1-84478-5424) and she has thereby attained a relevant accredited qualification"? Alternatively, your wife could within the next two years enter the UK as a student visitor and study the 12-week ESOL with Citizenship course and present this as evidence of her qualification.

Scouse.

[boogie]

The UK Govt can tell us that a father and two children can return in their own right but the mother is not allowed idefinite leave because she doesn't pass an English test ?

Unfortunately, that's about the sum of it. If your wife already has an English qualification obtained whilst in Bermuda, is it possible for her teacher to attest that she "has attended a course which used teaching materials derived from the document entitled “Citizenship Materials for ESOL Learners” (ISBN 1-84478-5424) and she has thereby attained a relevant accredited qualification"? Alternatively, your wife could within the next two years enter the UK as a student visitor and study the 12-week ESOL with Citizenship course and present this as evidence of her qualification.

Scouse.

I'll have to check and see what courses are available here, but I doubt there will be one which fits the criteria. Going back to the UK as a student for 12 weeks is just not an option unfortunately. I will resist the tempatation to rant on about how I feel about this ! Thanks for your help.