Ilr Granted After 4 Years Together Outside Uk...?

[KruJoe]

Quoted from UKvisaservices-dot-co-dot-uk:

"If you have been together for four years or more outside the UK, she will be granted 'Indefinite Leave to Remain'/permanent residence in the UK without having to live in the UK for two years."

Does anyone know if this option is still available?

I never know if cyber-space is up-dated as often as UK immigration law

Any help would be much appreciated...

Thanks

KJ

[Boo]

I beleive this is still an option, I enquired not too long ago on behalf of friends.

[Mahout Angrit]

Yes I believe it is but she must have passed the Life in the UK test to prove competency in English language before she will be given ILR and it would seem it is only possible to sit that test in UK. She could do it while there on a visit visa.

[Boo]

Just did a search through my past topics & here it is.

Hope it helps.

[KruJoe]

Thank you ever so much guys, that helped a lot.

MrsKJ and I have lived together in Chiang Mai for four years now, and we wish to move to Britain in May this year.

After reading the above, and the Life In Uk Test, Impossible? thread, as well as calling the visa centre in BKK, it seems our plan of action is as follows:

1. Have her lungs x-rayed in a Chiang Mai clinic (100-200 Baht) to check all is well.

2. Travel to BKK, pay the big fee at IOM for the check, and the TB-free certificate.

3. Submit the application for a spouse visa, along with the req'd biometric data, all supporting documentation, and the new fee of 35,000 B. The ILR will not be automatically granted as she must now either pass the Life in the UK Test -OR- pass through the English Language with Citizenship course, and both options are only available in the UK.

4. Once we're in GB, she'll hit the book to memorise everything for the test. (That's how she got herself through open university.)

5. Pass the Life in the UK exam.

6. Apply for ILR with all the paperwork again, along with another 750pounds (or however much Mr Brown decides he wants to take from his law-abiding citizens at that time).

Further down the line, we may decide whether to go for full UK citizenship or not.

I would now just like to be re-assured that this plan is the right way to go about things (ie the (only) way / easiest way / cheapest way / legal way etc.)

Are we on the right track?

Thanks in advance...

KJ

(edit- Background: We met in Thailand almost five years ago, have lived together (in LoS) for four years, have no children, and we celebrated our first anniversary in Dec last year. We took a one month holiday in England in Spring of 2006.)

Edited January 14, 2008 by KruJoe

[Prakanong]

"Once we're in GB, she'll hit the book to memorise everything for the test. (That's how she got herself through open university.)"

The British UO?

She should have no problem with either the English test or the life in the UK after a bit of studying then.

Distance learning must be the hardest way to get a degree and the one requiring the most self-discipline and determination.

good luck.

[Mahout Angrit]

KruJoe

Your plan seems on track, she can attempt the test whenever she feels ready, once passed she has qualified for life, you could even get a relative in UK to purchase a copy of the syllabus either from Amazon or at WH Smiths and send it to you and she could start studying whilst you are in Thailand.

A point to note is that as far as I'm aware (and I'm sure I'll be corrected if wrong) this forum has not heard the official line from the BE Bangkok so you may wish to contact them and ask, and then let the rest of us know for sure

[KruJoe]

Thank you Boo, Mahout Angrit, and Prakanong very much indeed.

Sorry Prakanong, not The O.U., but Ramkamphaeng University in BKK, an 'open university'.

It did take a lot of hard work - independent study, as well as to support herself financially (no help from her family at all).

I called the UK visa centre in Bangkok and spoke to a telephone operative.

I asked him specifically about whether the ILR is still automatically granted on application of the spousal visa after co-habitation for more than four years outside GB. He went away to check.

Answer: No.

ILR is purely a matter for The Border and Immigration Agency, (an agency of the Home Office) NOT for UKVisas.

For ILR, immigrants must now either pass the Life in the UK Test -OR- pass through the English Language with Citizenship course, both of which are only possible within the UK. Therefore, Mrs KJ must now enter on a spousal visa, and while it is valid, she must do one of the two options above and apply for ILR. She has the advantage of the fact that we will have lived together for more than four years by the time we get to England, so she can get on with the ILR work straight away.

More commonly, couples wish to move to the UK before they have lived together for four years. In this case, the TW (or husband) must first apply for the two year married persons' visa to enter. They must LIVE in the UK for two years before they can apply for ILR, so realistically, to cover the two years, (because the first visa starts counting down from the day it is approved in Bangkok) they must probably renew the visa with a LLR (limited leave to remain) from the BIA. Of course this costs plenty; I forget how many hundreds of pounds it is right now...

So, that is how I believe things stand at the moment. I hope that helps someone.

But don't take my word for it because

a.) I may have some of the details a bit wrong

b.) Some or all of this information may be out of date again next week

c.) Both of the above

Thanks again to the regular contributors for all the help and advice – keep it up!

Mr+Mrs KJ

[Boo]

My friends partner is studying for the life in the UK test now whilst still in Thailand as they visit UK every year on holiday so he will do the test on his next visit ready to present to the embassy for when they do move.

Best of luck with the residency visa application anyway.

[the scouser]

My friends partner is studying for the life in the UK test now ...so he will do the test on his next visit ready to present to the embassy for when they do move.

Exactly. The facility for the embassy to grant indefinite leave to enter is still there providing that the visa applicant fulfils the rules, one being the English/Citizenship requirement.

Scouse.