Settlement Visa

[micky44]

hi to you all out there.

Can any one help me out on this one point please, i get two different answers from the UK immigration! my Thai wife has a two year settlement visa which expires June this year, only problem is that we both had five months out of the UK together (we went to Thailand and Lao) do i have to apply for further leave to remain to make up the five months we had out? or can we just go for the indefinite leave to remain visa ? we have jumped through all the other hoops just this one sticking point, thanks for any help. Michael.

[farangmal]

hi to you all out there.

Can any one help me out on this one point please, i get two different answers from the UK immigration! my Thai wife has a two year settlement visa which expires June this year, only problem is that we both had five months out of the UK together (we went to Thailand and Lao) do i have to apply for further leave to remain to make up the five months we had out? or can we just go for the indefinite leave to remain visa ? we have jumped through all the other hoops just this one sticking point, thanks for any help. Michael.

I called immigration regarding this. I had read somewhere that 90 days a year was the maximum stay outside of the Country. Immigration said there are no minimum or maximum times.

In case you don't know the indefinite leave to remain now requires the applicant to have passed the life in the Uk test or passed an ESOL with citizenship at College.

http://www.bia.homeoffice.gov.uk/siteconte...ttlement/set(m)

From 2 April 2007 all applicants for indefinite leave to remain (settlement) will need to provide evidence that they have passed either the Life in the UK test or an English for Speakers of Other Languages (ESOL) which includes citizenship materials.

If they haven't passed this there's no Indefinite leave to remin. They will extend the leave to remain but according to the Home Office website this is going to end very soon.

I foresee a lot of legally Married people being kicked out the Uk while the Eastern Europeans claim the dole money and take all the Council houses.

[micky44]

hi, thanks for the swift reply, but i am still no better off!do we have to make up the five months or not do you think? £950 is a lot to loose if they say we are five months short ! with regards the e sol course here is a tip, when your wife goes for the first assesment even if she can read and write english tell her to pretend she can not. she will be placed in esol entry level, and you only have to progress to the next level for the visa, if she is assesd higher say level 2, she will have to progress to level 3, quite hard ! obviously if she is assesed at entry level she cant just over night start reading and writing!! cheers

[the scouser]

On the assumption that your wife entered the UK for the first time within 28 days of her settlement visa having been issued, she does not need to make up the five months and may apply for indefinite leave. The 90 days per year is only relevant to applications for naturalisation as a British citizen.

Scouse.

[micky44]

On the assumption that your wife entered the UK for the first time within 28 days of her settlement visa having been issued, she does not need to make up the five months and may apply for indefinite leave. The 90 days per year is only relevant to applications for naturalisation as a British citizen.

Scouse.

thanks very much scouse, i was hoping to get a reply from you . cheers michael.