Travelling Uk In A Motorhome With Wife And Daughter

[watson]

Hi everybody,

My wife is currently in the UK (with our UK-born, dual-national daughter), and will be applying for Indefinite Leave To Remain in Spring 2008.

We currently live in my flat together, but at the beginning of 2008 we intend to buy a motorhome and travel the UK for 12 months (following a 3 month holiday in Thailand over Xmas).

My question to all is; would living together in this way negatively impact my wife's chances of obtaining an ILR?

I would not be in employment but could demonstrate I have the financial means to support my family for this period, and could use a family member's postal address for any correspondence.

Anyone with any experience/knowledge on this kind of situation?

Many thanks

[Mahout Angrit]

My question to all is; would living together in this way negatively impact my wife's chances of obtaining an ILR?

Have a look through ILR Guidance notes and ILR Application form paying attention to what you would be expected to provide as evidence listed towards the bottom of the form and see whether you think you can comply with the requirements.

The main point you will have to prove is that you are living together and have been for the previous two years.

Your wife will also have to study for and pass a Life in the UK test whilst on her travels as she is unlikely to be able to attend a course if you are constantly travelling.

[Eff1n2ret]

"The main point you will have to prove is that you are living together and have been for the previous two years."

That bit's easy. Keep a log, take photos along the way, keep your fuel and campsite receipts. If you have income or savings and she doesn't claim benefits, you don't need a job.

Edited June 24, 2007 by Eff1n2ret

[the scouser]

If your missus can either sit an ESOL with Citizenship course or take the Life in the UK test before you go off on your travels, there's no reason why she shouldn't still qualify for indefinite leave.

Scouse.

[watson]

Thanks everybody,

Accepting that the ILR and subsequent gaining British citzenship route is intended for those applicants who intend to make the UK their permanent/long-term home (and in our case, this MAY not be our intention as we are considering making Thailand our permanent residence in a few years), I have a few other questions which I hope you guys might be able to advise me on.

Firstly, we'd still like to travel the UK after her current UK visa expires in Spring 2008. How practical would it be to get an extension of stay for this purpose or would there be a requirement for a "better" reason, and if succesful, how long is a typical extension of stay granted for (six months?)?

Secondly, we'd also like to travel Europe in 2009. Can my wife apply for a Schengen visa for the applicable countries WITHOUT a UK visa (ILR or EofS) valid for the period of European travel, and if she can, can the Schengen visa be applied for in Thailand?

Finally, if things don't work out for us in Thailand, and we decide to come back to the UK, am I right to assume that we would have to start the process all over again, but without the need for a visitors visa first i.e. apply on a spouse visa initially and then go for an ILR two years after we come back to the UK full-time?

Thanks again!

[Mahout Angrit]

Firstly, we'd still like to travel the UK after her current UK visa expires in Spring 2008. How practical would it be to get an extension of stay for this purpose or would there be a requirement for a "better" reason, and if succesful, how long is a typical extension of stay granted for (six months?)?

Secondly, we'd also like to travel Europe in 2009. Can my wife apply for a Schengen visa for the applicable countries WITHOUT a UK visa (ILR or EofS) valid for the period of European travel, and if she can, can the Schengen visa be applied for in Thailand?

Finally, if things don't work out for us in Thailand, and we decide to come back to the UK, am I right to assume that we would have to start the process all over again, but without the need for a visitors visa first i.e. apply on a spouse visa initially and then go for an ILR two years after we come back to the UK full-time?

If you didn't want ILR then your wife could apply for FLR which would extend her stay by another two years. To obtain this she would not be required to pass the Life in UK test. FLR also requires that she show you have been and are still living together.

To travel Europe your wife will need to apply for a Schengen visa which with a settlement visa, FLR or ILR she can apply for within the UK. If she is resident in Thailand she can (and should) apply through the appropriate embassy in Bangkok. (it'll still be free!)

If she did obtain ILR and stayed outside UK for more than 2 years the ILR would lapse and she would more than likely have to reapply for a settlement visa if it was now her intention to settle once again. (certain circumstances may allow her to request a 'returning residents visa') If she only wanted to visit she could apply for a visitors visa also.

[watson]

Hi,

Could you please point me in the direction of where I can find out more about FLR and it's requirements/fees and do you know if a 2 year FLR would allow my wife to travel outside of the UK for approx 1 year of that period?

Also, am I correct in understanding that in the future my wife could apply for a UK visitors visa, should all three of us wish to visit the UK whilst being resident in Thailand, and would not need to apply for a spousal visa? (I'm thinking of a few years from now when we are hopefully in Thailand and wishing to visit my relatives for a short period).

Many thanks again.

[Mahout Angrit]

Could you please point me in the direction of where I can find out more about FLR and it's requirements/fees and do you know if a 2 year FLR would allow my wife to travel outside of the UK for approx 1 year of that period?

Also, am I correct in understanding that in the future my wife could apply for a UK visitors visa, should all three of us wish to visit the UK whilst being resident in Thailand,

See Guide to FLR and FLR application form . You don't need a reason to apply for FLR except that she wishes to remain.

Yes you can travel outside UK with FLR, you can also extend it for a further 2 years on it's expiry but again you must continue to prove you are together.

Yes, should your wife just wish to visit UK after you have returned to live in Thailand then she should apply for a visit visa. It may be prudent in a covering letter to explain that you once had a settlement visa but decided to return to Thailand to live (and prove it) as when she applies for a visit visa she will have to convince the embassy that she will return to Thailand at the end of her visit.

If it is your intention to persue British citizenship for your wife she will need to have acheived ILR, have lived in UK for 3 years and have not spent more than 270 days outside the UK in the previous 3 years.

Edited June 24, 2007 by Mahout Angrit

[watson]

thanks guys - this has really helped