Many thanks in advance,

Our goods friends have asked for a bit of advice,the situation at present is that our friends ,a TW is currently on a settlement visa which expires in Jan,obviously the next step is ILR.In the 2year probationary period the TW has settled and adapted to the UK and given birth to a beautiful daughter(dual nationality already registered) and the couple have even managed the get the TW's daughter(16) to the UK and is enrolled full time at college,her visa also expires in Jan.

The TW can read and write little English but knows everything,can use public transport etc etc.

so,

Will the TW still have to pass a life in the UK test or as a full time mum with a national ins number qualiify some other way?? or would it be best advised to extend her current settlement visa??

As man and wife and parents is there a way around the test or is it now the thing to do as part of obtaining ILR.

What are the costs involved in all scenerios,baring in mind that 2 visas are required in Jan.

What visa is required for the daughter(16) I think currently she is on a visitors visa but being settled and enrolled in full time education(very clever girl speaks/write excellent English and only been here 3months) what is her next step,Settlement?? ILR??

Any advise would be most appreciated.

on behalf of the Jones

delboy

There's no way round it, I'm afraid. The wife will have to either sit an ESOL with citizenship course or take the life in the UK test. If she doesn't have sufficient time, she should apply for a further two years on her current status. The daughter can be included on the mother's application at no additional cost.

Scouse.

Many many thanks scouse, I will pass the info on right away.

Me thinks then he will extend the settlement but I think he will be pleased about putting the daughter on aswell.

many thanks

del

Im no expert mate but, you say her sv expires in jan right?

If from the start it was there intentions to live together permenantly in the uk, why wait 21 months or so to start thinking or taking the test now.

You have three months for her to learn and pass this test, which i realy dont know much about.

My wife will be joining me hopefully in the new year, and we have talked about this and we will be more or less cracking straight on with this test for her.

If she fails, we will still have 2 years to keep trying and trying.

Just cant understand why your thinking about taking the test now, of course its never too late, but like i said, why wait the 21 months?

Just my oppinion mate, i wish her good luck too.

Scotty...

Me thinks then he will extend the settlement but I think he will be pleased about putting the daughter on aswell.

See Applying for Life in the UK

If the daughter is only in UK on a visitor visa I would be very surprised if she can apply for FLR at the same time as Mum unless she gets to UK on a Settlement visa and she will probably have to return to Thailand to get that.

Yes, missed that bit. If the daughter is on a visit visa, she will not be able to extend this and will have to return to Thailand and apply for a settlement visa. Also, if on a visit visa and in a local authority school, this is considered to be receiving public funds.

Scouse.

If you adopt the 16 year old daughter she can apply for UK citizenship straight away as i am doing.

Unfortunately, there probably won't be sufficient time for the step-daughter to be adopted before her visit visa expires (if indeed that is the status she currently has).

Scouse.

Many many thanks scouse, I will pass the info on right away.

Me thinks then he will extend the settlement but I think he will be pleased about putting the daughter on aswell.

Del, has your friend got any rights to a dual nationality from the EU? I.E. Ireland?

Im no expert mate but, you say her sv expires in jan right?

If from the start it was there intentions to live together permenantly in the uk, why wait 21 months or so to start thinking or taking the test now.

You have three months for her to learn and pass this test, which i realy dont know much about.

My wife will be joining me hopefully in the new year, and we have talked about this and we will be more or less cracking straight on with this test for her.

If she fails, we will still have 2 years to keep trying and trying.

Just cant understand why your thinking about taking the test now, of course its never too late, but like i said, why wait the 21 months?

Just my oppinion mate, i wish her good luck too.

Scotty...

The thing is Scotty, anybody coming over here now know, the rules. 2 years ago (the same as when my mrs came) they didn't have to do this test and it was only brought in in April of this year. Many people are only just finding out, cos the government didn't write to any of us telling us of the changes. If i wasn't a member of this board i wouldn't have known.

Oh, i didnt know that mate.

Sorry for the misunderstanding, ill keep my nose out in future

But i have learned something new, so thanks for that.

thanks to all replies.

Scotty, points taken guv but as Mr Bo stated the rules had changed and yes you will have to keep on top of things as they change without notice and believe me when they change and your in the middle of it- it drives you nuts!!(fortunatly my missus got her ILR before this test rubbish was introduced, and believe me she would have failed and I again would be going nuts at immigration people or serving time lol.

The couple only knew of the test a few weeks ago,hence the reason asking for advice.

Mr Bo,I dont really know about whether dual nationality,hes in the Navy -possible but doubt it.

Scouse,on the ball as ever,I indeed said how did you manage swing the college-he has to pay for it is the answer.

Well I suspect BT will make a few quid outta me now,the ladies are now talking haha.

Thanks again to all,will pass on all info

del.

There's no way round it, I'm afraid. The wife will have to either sit an ESOL with citizenship course or take the life in the UK test. If she doesn't have sufficient time, she should apply for a further two years on her current status. The daughter can be included on the mother's application at no additional cost.

Scouse.

Scouse,

what do you suggest is the easiest option? is there a standard time that the ESOL course lasts? is there a test at the end or is it simply a matter of attending the course?

Thanks,

Ross.

There's still a degree of confusion over the ESOL/Citizenship courses. What I make of it is that your wife would need to sit an ESOL exam with a certificate awarded by one of the recognised awarding bodies and would also need to produce a certificate from the college confirming that the course was taught in a citizenship context. The letter from the college should also state that your wife was originally assessed at level X and has now progressed to level Y. AN ESOL course may take a full college year to sit. Alternatively, just study the Life in the UK book and sit the test as many times as are necessary.

Scouse.

There aren't (yet) that many ESOL with Citizenship courses up and running which actually exempt the student from the Life in the UK Test and, of course, one of these would not be much help for the OP if the good lady's settlement visa is up in Jan 2008 - you'd have to do an academic year's study. She'll have to get FLR and then try the Test or a course.

it will also depend on your partners language abilities, my hubby can read write & speak english fluently, he also works full time in the UK so we have no option but for him to take the life in the Uk test but he wouldn't benefit that much from an esol course either but if your spouse isn't fluent then a proper english course with the citizenship content included will have double the benefit. Luckily we got ILR last march but were still caught with the life in the Uk for his citizenship application. Bummer.