Uk Settlement; Spouse Visa Or Ile?

[Phil_ne_uk]

7by7 thank you for your reply and informative info.

Just so I understand all this correctly can I ask, when you say

2/ Yes, she will have to pay the fee for her ILR application. From 6th April this fee will be £840 by post, £1095 in person. So you can see that it is well worth taking the LitUK test if in the UK on a visit!

Do you mean she pays the settlement application fee of 30,420 baht as stated on http://www.vfs-uk-th.com/visafees.aspx in order to apply for entry into the UK. Then either £840 or £1095 for ILR after passing the KOL test once in the UK?

Did you mean if she takes the KOL test on holiday in the UK she would then just pay the fee in Thailand for ILR only? Obviously that means expense for a trip to the UK. I’m just trying to work out the cheapest way to achieve the ILR.

May I also ask what you mean when you say From 6th April this fee will be £840 by post, £1095 in person Do you mean this is paid in the UK or Thailand?

3/ When you say

time spent in the UK with a visit or other visa prior to obtaining settlement counts.

In 2005 she spent about 4 months in the UK 6 months in 2006 and 2 months in 2007. So does that mean 12 months are counted already off the 5 year period?

4/ Regarding the settlement application. My partner phoned the VAC centre and was told that if she completes the form online, prints it out, then she can just turn up at the centre and wait, without actually making an appointment date online. Is this correct?

Finally, on here http://www.ukvisas.gov.uk/en/howtoapply/in...dswivespartners it says...

What supporting documents should I include with my application?

You should include all the documents you can to show that you qualify for entry as a husband, wife, civil partner, fiancé, fiancée, proposed civil partner, or unmarried or same-sex partner. If you do not, we may refuse your application.

As a guide, you should include the following:

Your original birth certificate.

Does she have to provide a birth certificate as she says she doesn’t have one?

Thanks,

Phil

[Guest jonzboy]

I'm not so sure 7by7 is right about Phil's case, as he is not married, how can his partner qualify for ILE, or conditional ILE (pending KOL)? I always understood this was only applicable to couples who have been married for at least four years at time of application.

[Phil_ne_uk]

I'm not so sure 7by7 is right about Phil's case, as he is not married, how can his partner qualify for ILE, or conditional ILE (pending KOL)? I always understood this was only applicable to couples who have been married for at least four years at time of application.

You don't have to be married to be eligible for a UK settlement visa!

See http://www.ukvisas.gov.uk/en/howtoapply/in...ivespartners#Q6

[Guest jonzboy]

absolutely right, Phil, but a settlement visa is not ILE

ILE is a type of settlement visa available to couples married for four years or more (other conditions apply also)

for people not able to show they have been married for four years, you get a settlement visa giving limited leave to enter (LLE) for a probation period of 24 months before ILR can be applied for AND assuming the spouse has passed the KOL test

you don't apply for ILE or LLE, you apply for settlement using the same form (VAF4A) as everyone else, the ECO will examine your circumstances and grant the visa appropriate to your circumstances

that's why I was pointing out what I see as a wrong assumption by 7by7 at point 1) of his post 28 above

[lekatai]

Sorry Jonzboy,but I think you are wrong.I have read the Q+A section of the UK visas link posted above byPhil,and it is quite clear. "If you and your unmarried or same-sex partner have been living together outside the UK for four years or more,and you meet all the necessary requirements to stay permanently in the UK,you may be granted indefinite leave to enter" So it is quite clear that you do not actually have to be married,living together "in a relationship akin to marriage" is sufficient

Edited March 27, 2010 by lekatai

[7by7]

Unmarried partners who have been living together in a relationship akin to marriage for a period of 4 years or more can qualify for ILE in the same way as married couples can. As well as the Q&A link already provided, see immigration rules Para 295.

[Guest jonzboy]

my apologies to all, I stand corrected

[7by7]

Phil,

Regarding the fees:-

She will pay the initial fee to the embassy in baht for her settlement application. Whether she is granted a 27 month settlement visa or ILE subject to KOL she will later have to apply for ILR in the UK and pay the fee for that application current at the time (the fees for all applications, in or out of the UK, change w.e.f. 6th April and it is the new fees for ILR that I quoted).

If she has previously satisfied the KOL whilst in the UK on, for example, a visit and meets all the other requirements then she will be granted full ILE which to all intents and purposes is the same as ILR (ILE is granted outside the UK; ILR inside) and so will not need to make any further application until and unless she applies for naturalisation. Whether you feel that a special visit to the UK just to take the LitUK test is worth it is up to you; but certainly if she is visiting the UK for some other purpose then it is worth taking the test while she is there.

She applies for settlement and will be granted whichever is the 'highest' one she qualifies for; remember that if she does qualify for ILE (with or without the 'subject to KOL' clause) the onus is on her to show that she does. If she doesn't then she will be granted a 27 month settlement visa as an unmarried partner; assuming she shows that she qualifies for this.

Naturalisation:-

The five year qualifying period will be counted back from the date she makes her application for naturalisation. She must have been in the UK on the exact date five years before the date of the application and during the intervening five years have spent no more than 540 days out of the UK. Even if her last visit ended on 31/12/2007, it has been well over 540 days since she was last in the UK so I'm afraid these visits wont count.

Birth certificate:-

The document list is a guide to what is required, but it is advisable if at all possible to provide everything on it.

If she can get a copy, then I would advise doing so; if not then explain in the covering letter why it is missing.

[7by7]

Sorry, missed this bit

Regarding the settlement application. My partner phoned the VAC centre and was told that if she completes the form online, prints it out, then she can just turn up at the centre and wait, without actually making an appointment date online. Is this correct?

She can submit her application online, print it out and make an appointment to hand in her evidence, or she can simply turn up at the VAC with a printed or hand completed application form and her evidence and wait.

At this time of year the VAC (and entry clearance section) can be very busy dealing with student applications, and waits at the VAC of 7 hours plus have been reported! At quieter times she could be in and out within an hour.

I'd recommend making an appointment, but it's your choice.

See How to Apply.

[Phil_ne_uk]

7by7 thank you for your reply and informative info once again.

However, you guessed it more questions, sorry.

When you say,

Whether she is granted a 27 month settlement visa or ILE subject to KOL

As we have lived together over 4 years does that mean that she will be entitled to ILE?

But what do you mean, “subject to KOL”?

295A (b )(ii) states

The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement, are that:

The applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application

So does that not mean she is only entitled to be granted a 27 month settlement visa as she has not yet taken the KOL test?

Or as we have lived together over 4 years can she take the test once in the UK and skip the 27 month period assuming she passes the test?

Thanks for clarifying my other questions.

Phil

[7by7]

As you have lived together in a relationship akin to marriage for more than 4 years, then she is entitled to ILE; but she has to provide the evidence to show that she is. That is evidence that you have been living together; just saying it is so is not enough.

Subject to KOL means that she needs to satisfy the Knowledge of language and life in the UK before being granted indefinite leave to enter or remain in the UK.

As I said before

1) Assuming all the other requirements are met, she would be granted ILE subject to KOL. Once she has satisfied the KOL then she can apply for ILR without having to be resident for two years. If she has previously satisfied the KOL while in the UK on a visit, then she will be given ILE and no further application for leave to enter or remain would need to be made (unless she were to spend a continuous period of 2 years or more out of the UK).

As this government have increased the application fees every year (and there is no reason to assume that any new government after the election wont do the same) then obviously once she is in the UK she should satisfy the KOL requirement , either by passing the LitUK test or progressing one level on an ESOL with citizenship course, and apply for ILR as soon as possible.

If for some reason she is not granted ILE but only a 27 month settlement visa then she cannot apply for ILR until she has been in the UK for 24 months (effectively 23, as she can submit the application up to 28 days before she satisfies the 24 month requirement).

[Phil_ne_uk]

7by7 you say my partner is entitled to ILE as we’ve lived together over 4 years.

However you said

Subject to KOL means that she needs to satisfy the Knowledge of language and life in the UK before being granted indefinite leave to enter or remain in the UK.

So surely that means that she won’t be entitled to ILE as she won’t have done the test before applying?

Sorry but I’m confused.

Phil

[7by7]

ILE subject to KOL means that once she has satisfied the KOL requirement she can immediately apply for ILR without having to be resident in the UK for a minimum of 24 months.

With an ordinary settlement visa she cannot apply for ILR until she has been resident in the UK for at least 24 months, no matter how soon after her arrival she satisfies the KOL requirement.

[Phil_ne_uk]

7by7 thank you for your explanation. I understand now.

So basically if she goes to the UK to take the KOL test and passes then we don’t have to pay the fee later on for ILR, but have the cost of travelling to the UK and back to Thailand.

Which means in the long run it will be cheaper to just apply for settlement and then take the test in the UK, as the air fare prices from Thailand are extortionate.

Phil

[dowman73]

My wife hasbeen in the uk since October on a spouse visa previously she had been here on a 2 year student visa if she was to pass the KOL test can we apply for a ILR now as we have been together for longer than 2 years or only when her spouse visa runs out?

[7by7]

The requirement for ILE is to be living together outside the UK for a minimum of 4 years, which you weren't. So she cannot apply for ILR until she has been in the UK with her current settlement visa for 24 months.

[7by7]

So basically if she goes to the UK to take the KOL test and passes then we don't have to pay the fee later on for ILR, but have the cost of travelling to the UK and back to Thailand.

Yes.

Which means in the long run it will be cheaper to just apply for settlement and then take the test in the UK, as the air fare prices from Thailand are extortionate.

Even though the in UK fees for ILR are also extortionate, yes; it would be cheaper that way.

[yeesipha]

7BY7

so am i right in thinking that if someone qualified for ILE under this four year rule,that this person would not need to show adequate support

and accommodation on the application form,or from the husband,from what im thinking that if you qualified for ILE or ILR under this rule,the person would be entitled to every benefit going, from stepping of the aeroplane,and would not need to worry about the"no recourse to public funds",yes ?

[Phil_ne_uk]

7BY7

so am i right in thinking that if someone qualified for ILE under this four year rule,that this person would not need to show adequate support

and accommodation on the application form,or from the husband,from what im thinking that if you qualified for ILE or ILR under this rule,the person would be entitled to every benefit going, from stepping of the aeroplane,and would not need to worry about the"no recourse to public funds",yes ?

Ha ha ha , you wish! read the immigration rules

http://www.ukba.homeoffice.gov.uk/policyan...amesexpartners/

[7by7]

Phil has it right.

Applicants who qualify for ILE still have to satisfy the maintenance and accommodation requirements; which includes the 'no recourse to public funds' rule in order to obtain their visa.

However, once in the UK with ILE (not ILE subject to KOL) then they can claim public funds, the same as someone with ILR can.

[Phil_ne_uk]

I have read the immigration rules but can’t seem to find the answer to my question which is,,,

If my partner’s 15 year old daughter wants to accompany us to live in the UK as her dependant, is an additional fee required for her application, or would she be on the same application as my partner’s with no additional fee?

Thanks,

Phil

[yeesipha]

Two fee required me thinks,cant see the government/embassy missing a chance to make money here

[Eff1n2ret]

"Completing the forms

• Please read the guidance notes for help in completing these forms.

• The forms must be completed in English, using blue or black ink.

• You will need to fill in only one application form, according to the type of application you will make.

• However, a separate application form must be completed for each person that is travelling with you (for example, if you are travelling with 2 children, you must complete an application form for yourself, as well as an application form for each of the children travelling with you – so in this example 3 forms in total)."

Of course an additional fee is required.

[kennkate]

Phil Yes you do have to pay for for the Daughters Visa However you can Claim Child Benefit £25 per week from the day she lands in the Uk.

The visa Fee for her is recovered in 9 months. Plus Family tax credits .How much is dependent on your wage

[Phil_ne_uk]

Thanks for the replies. So you can still claim Child Benefit of £25 per week even if we aren’t claiming any other benefits whatsoever?

Any idea up to what age the child can be up to, to qualify

[Phil_ne_uk]

Two fee required me thinks,cant see the government/embassy missing a chance to make money here

Good point, I should have thought of that. They wont miss a chance of taking more cash off you for sure!

[kennkate]

Sorry Child Benefit is £20 per week Not £25. Paid For the Eldest or only child and £13.20 for each additional child

Paid up to the age of 16 or up to the age 19 if in full time Non Advanced Education.

Claim would have to be made by the UK National or from another Country on the List. This List does not include Thailand

It is Not means Tested so you do not need to be getting any other Benefit to get Child Benefit You do have to be Resident in the UK Can and it be backdated up to 3 months

Family Tax Credits ARE means tested. Can be Claimed by people whose income is less than £58000 or £66000 if the baby is under 1 year old.

[Phil_ne_uk]

Thanks for the info

[Phil_ne_uk]

I understand that when applying for settlement for a Thai partner both parties have to show proof that their previous marriage has ended, e.g. showing a divorce certificate.

If the marriage was in Thailand and the divorce done at the umpher, is the divorce certificate the umpher issues sufficient to include with the settlement visa VAF4 application documents?

If so is the original document required and if so will it be returned with ALL the other original documents?

Thanks,

Phil

[7by7]

Yes, if divorced at the Ampur this is a legal divorce and the certificate is sufficient. There is no need to have it translated; though you may want to in case you need it in the UK for some reason and translations are a lot cheaper to have done in Thailand!

Applicants should submit original documents whenever possible. The advice from the UKVAC is that if you want to ensure getting original documents back you should enclose photocopies as well.