Next Step?

[toasted]

About two years age some of the members on this forum were incredibly helpful regarding my partner and children's UK settlement visa applications after I had been given some incorrect advice on the visa enquiries help line.

We've now been in the UK for nearly 23 months and it's time to extend. We're only planning on staying for one more year before heading back to Thailand (but that could change to a longer period), and need to sort out the visas soon for my Thai partner (we're not married) and two children.

If anyone could point me in the direction of how we go about making the application and what information and documents we need to show, I'd be most grateful.

My partner is currently studying English (with citizenship element) and taking her exams next week. We claim tax credits jointly and are still waiting on child benefit after our application in February.

I've looked at a few official websites but they don't exactly call a spade a spade, so any advice on the application would really help.

Thank you.

[7by7]

The next step is to apply for ILR, which must be done before her current leave to remain expires.

To obtain ILR she must have satisfied the knwledge of language and life in the UK requirement. Hopefully she will have the necessary documents from her course in time, but if not then I'm afraid she will have to apply for FLR instead and then apply for ILR once she has her course certificates.

See Applying for settlement in the United Kingdom and the appropriate links from that page for more details of how to apply and what is required.

I assume from what you have said that you are the children's step father. If so, then they will need to apply as well, but if under 18 do not need to satisfy the KOL requirement.

[ThaiVisaExpress]

The children are inserted on the Mothers application.

[toasted]

I appreciate the replies - thanks.

I'm the father of the two kids - my name's on their birth certificates.

Am I right in saying that by passing her exams (not the citizenship test - but a regular EFL with citizenship component) and showing that her English proficiency has gone up a level, she can apply for ILR?

Is the fact that we are receipt of tax credits a problem - the visa states no recourse to public funds?

Thanks.

[7by7]

If you are the kids father then they are British, so do not need visa to live in the UK! Were they born in Thailand? If so, did you register their birth via the embassy and obtain British passports for them?

Am I right in saying that by passing her exams (not the citizenship test - but a regular EFL with citizenship component) and showing that her English proficiency has gone up a level, she can apply for ILR?

Yes, you are correct; providing the course is ESOL with citizenship.

As a couple have to claim tax credits jointly then this wont be a problem. See this post.