Uk Visa Straight To Ilr?

[Boo]

I am good freinds with a couple (him thai, she scottish) who have been together for 8 years & who reside mainly in Thailand. He has had numerous visit visas for the UK & they go at least once a year for a couple of months at a time & he never has any problem getting the visa issued. They are thinking of moving full time to the UK & I thought I read somewhere that as they had been together for so long he would be entitled to apply directly for ILR rather than residency visa (or something like that)

Can any of our experts confirm or provide the correct info pls

[the scouser]

Boo,

Yes, you're correct and the benchmark is four years. However, the rules changed last month and although your friend can still go for the straight-to-ILE visa, he would have to show that he's sat either an ESOL with Citizenship course, or passed the Life in the UK test. To the best of my knowledge, there is nowhere in Thailand where these can be taken. Perhaps he can prepare for the test and take it when he is next in the UK on a visit visa?

Scouse.

[Boo]

thanks scouser, do you know if it is called anything specific when applying (silly question but I am thinking how they would explain what they are applying for in case the embassy staff werent sure!!!)

thanks

[the scouser]

Boo,

They should make clear in the covering letter to the visa officer that the husband is applying under the provisions of paragraph 281(i)( which states:-

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

Paragraph 282 then says:-

A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may...........in the case of a person who meets both of the requirements in paragraph 281(i)( , be granted indefinite leave to enter

Scouse.

Edit// The smileys should read open bracket b close bracket.

[scotty123456789]

Hi,

Ive wrote a couple of posts recently regarding a settlement visa for my wife to join me in England.

I know i have to wright a sponsers letter stating how we met, she will be staying with me at my mothers etc etc etc also my mother has to wright a letter stating she will be staying at her home.

But what i need to know is do i need to hand wright the letter or can it be done on a computer?

The same also applys to my mother.

I was gona post this but did not think necessary just for this question, so sorry for butting in on your post scouse.

Help me scouse pal

[the scouser]

Scotty,

Letters written on a word processor will do fine.

Scouse.

[scotty123456789]

Cheers scouse,

Just thought they may want it hand written.

So ill wright it up on the laptop and print it off and that should be fine?

Scotty..

[Mahout Angrit]

Just thought they may want it hand written.

So ill wright(write) it up on the laptop and print it off and that should be fine?

Scotty..

Hey Scotty, not wishing to criticise but get someone to proof read it first as your spell checker wont pick it up.

[scotty123456789]

Cheers mate shall do.

I think ive got everything i need now.

So a print off the laptop will be ok?

Ive checked out robs guide and im following how he made the application.

Anything else you think i need to add what would help the application?

Thanks everyone..

[Boo]

scouser as usual, the man in the know. Many many thanks

[smithash]

Scouser

Are you certain that the life in the UK test can be attempted by a non resident?

ash

[the scouser]

Yes. If it weren't possible, the rules would specific such, and there's no such exclusion.

Scouse.

[Mahout Angrit]

Yes. If it weren't possible, the rules would specific such, and there's no such exclusion.

I don't doubt you as I don't know the answer but the Life in UK site does state

When do I take the test?

You should take the test before you apply for naturalisation as a British citizen or before you apply for indefinite leave to remain, provided you meet all the other requirements.

(My emphasis.)

[darkside]

Yes. If it weren't possible, the rules would specific such, and there's no such exclusion.

I don't doubt you as I don't know the answer but the Life in UK site does state

When do I take the test?

You should take the test before you apply for naturalisation as a British citizen or before you apply for indefinite leave to remain, provided you meet all the other requirements.

(My emphasis.)

ok, so you have been married to a Thai for over 4 years and never set foot in the uk since you were married, so what you are saying is that now you can not apply for ILR without taking the test, but yet there is no where to take the test in Thailand???????

Edited June 6, 2007 by darkside

[paully]

Yes, you have to do the 'Life in the UK' test at a test centre and it would appear that the only test centres for it are in the UK (there aren't that many at the moment, only about 90, the closest one to us that my wife will have to go to at Learndirect in Guildford is 20+ miles away) at a cost of £34.

Ergo, you have to be in the UK to take the test and your wife will therefore have to obtain a settlement visa first, not ILR.

Edited June 6, 2007 by paully

[darkside]

Yes, you have to do the 'Life in the UK' test at a test centre and it would appear that the only test centres for it are in the UK (there aren't that many at the moment, only about 90, the closest one to us that my wife will have to go to at Learndirect in Guildford is 20+ miles away) at a cost of £34.

Ergo, you have to be in the UK to take the test and your wife will therefore have to obtain a settlement visa first, not ILR.

this is the point i am trying to clarify as before if you were married for over 4 years you could get ILR straight away no need for a settlement visa first, so am i correct in my understanding that this is no longer the case???????????????????

[paully]

In effect, yes!

[Mahout Angrit]

this is the point i am trying to clarify as before if you were married for over 4 years you could get ILR straight away no need for a settlement visa first, so am i correct in my understanding that this is no longer the case???????????????????

If your wife intends to settle in UK you apply fo a settlement visa. If granted and you have been living together for 4 years or more at the time of your application then her visa would be given for Indefinite stay instead of the standard 2 year leave.

Since the introduction of the requirement to pass a 'Life in UK' test before ILR is granted it leaves a doubt as to how this could happen as it is currently not possible to sit the test in Thailand prior to your settlement visa application.

Some posters have emailed the embassy on this subject but I haven't seen any response posted here as yet. Has anyone?

[darkside]

i e-mailed the embassy myself at the beginning of April but they have never replied to me. Not giving me an answer to that question anyway which was the main point of my e-mail to them.

[Boo]

Just to update this old thread, My friend took & passed the Life in the UK test last year when he came over on a visit visa & will be applying to the Embassy shortly for ILR based on Scouses advice above. I'll update if there are any issues and/or successfull application.

[mariner29]

If he fits the criteria and has passed the kol requirement then i cant see any problems.

[Boo]

Spoke to my mate last night & it has been 2 1/2 months since her husband applied for ILE in BKK, they requested more information to do with her property ownership in UK 2 weeks ago which they submitted straight away & then she emailled them last week as they had no confirmation that they had received the faxed documents.

She got a reply that said docs received & waiting times were now anywhere between 3-5 months!!!

Anyhoo, the question I now have is;

When he arrives in UK on ILE how long is it till he can apply for citizenship? Is it one year from arrival?

Thanks

[7by7]

As the spouse of a British citizen he can apply after he has been in the UK for three years. The time he has spent in the UK previously counts towards this, but:-

He must have been legally in the UK on the exact date three years prior to submitting the application.

He must not have spent more than a total of 270 days out of the UK during the last three years with no more than 90 days in the final year.

As he will, hopefully, be recieving ILE and as he has already passed the LitUK test then he can apply as soon as he satisfies the above residency criterium.

Unless the government change things, but from what I have read the proposed changes to naturalisation applications wont effect those applying as the spouse of a British citizen.