Applying For Ilr

[chriswatson]

Hi,

Anyone got any info on the below that can help.

I (British national) currently live with wife (Thai national) and child (born UK, dual national) in the UK. Wife has had visa from 2006-08 and 2008-10. We plan to leave UK to live in Thailand later this year 2009.

However, wife is thinking of taking LIFE IN UK test. Problem is (if there is a problem), her current UK visa expires April 2010 and we plan to be out of the UK by Oct 2009.

Am I right in thinking that if she passes LIFE IN UK test before October 2009, she will not be able to apply for ILR until 28 days before her current visa expires in April, and if we are both in Thailand at that time, she will not be able to apply for ILR?

Or can she apply immediately for ILR once she has passed the test (assume Oct 2009), even though her current visa does not expire until April 2010?

Finally, dependent on the above, can the LIFE IN UK "pass certificate" made in 2009 be used in the future for an ILR application, or is there a time-limit set for when ILR must be applied for before the LIFE IN UK pass becomes invalid? For example, should we decide to return to UK in June 2010, will she have to apply for a visitors visa at British Embassy in BKK, and then have to live another minimum 2 years (plus tourist visa period) in the UK before she can apply for ILR (say, 2013), and can she use the LIFE IN UK "pass" when she applies then.

This may be an odd one, or I may be making it over-complicated, but would appreciate it if someone could advise.

Thanks

[7by7]

First, I am going to make some assumptions; the advice that follows may change if i am wrong, so please say so if I am.

I am assuming that the 2006 to 2008 visa was a 2 year settlement visa as your spouse and that as she had not satisfied the KoL requirement then the next 2 year visa was Further Leave to Remain.

To apply for ILR as the spouse of a UK resident the applicant needs to have been resident in the UK for at least two years, although they can apply up to 28 days before the 2nd anniversary of their first arrival as a resident.

If my assumption is correct then she is already time qualified for ILR, so she can apply as soon as she satisfies the KoL requirement; she does not have to wait for her current leave to remain to expire.

LitUK certificates do not expire. So if she passes the test now but does not obtain ILR then she can use the certificate at some later date to apply. (Please note this is the current situation, who knows if a future government will change the rules?)

ILR is indefinite, not permanent. It can and will lapse if the holder is no longer a UK resident, especially if they spend more than 2 years out of the UK. If this does happen then should you both wish to return to the UK to live she will need to re-apply for settlement in the appropriate category. She will even need to obtain a visit visa just to visit.

This can be avoided by obtaining British citizenship. As the wife of a British citizen she can apply once she has ILR and has been resident in the UK for at least 3 years. So she will be time qualified sometime in 2009. British citizenship cannot lapse, so once granted she will be able to visit or return to live in the UK whenever she wishes, no matter how long she has spent outside the UK. It may be worth delaying your move to Thailand so she can do this?

See Requirements for naturalisation if you are married to or the civil partner of a British citizen.

Both the UK and Thailand allow dual nationality, as you know from your child, so doing this will not effect her Thai citizenship in any way.

[chriswatson]

Thank you for your highly informative and useful response, and I can confirm the assumptions you had made are correct.

I appreciate your help here. We are very keen to move out of the UK ASAP, but looking at things rationally (as you have) it would seem wiser to stay around a little longer to ensure naturalization. However, I really would like to understand as a ballpark figure how much we would need to delay our departure by to secure naturalization, and the risks in not doing so with regards to her being able to re-enter the UK in the future if her ILR has lapsed and my current UK circumstances have changed.

For example:

As you state, if my wife receives the LitUK certificate she can apply for ILR immediately. Do you have any idea of the average time period in applying for ILR and receiving it?

As you have explained, once my wife has ILR, she can then apply for naturalization, and you suggest it may be worthwhile considering a delay to our trip. As above, do you have any idea of the average time period in applying for naturalization and receiving it?

Should we not delay our trip, and my wife becomes non-resident and her ILR lapses, she will have to obtain a visitors visa before re-entering the UK, and should we decide to settle again in the UK, she will have to wait a further three years before applying for ILR and naturalization. With regards to the visitors visa, and assuming I will have been living outside the UK with her during this period, would you think it might be difficult for her to obtain a visitors visa as I will not likely have any proof of UK income/residence etc etc and my circumstances may not satisfy the requirements in terms of being able to (at least on paper) support my family?

Many thanks again.

Edited September 8, 2009 by chriswatson

[chriswatson]

Having spoke to Home Office Immigration & Nationality Directorate this morning it seems we have 3 options. Can someone let me know if I have made any incorrect statements?

Thanks.

Scenario 1

We leave UK without wife having an ILR (Oct/Nov).

Wife can return to UK before April 2010 (using her current visa).

Will then have to apply for new visa (either FLR or ILR, dependent upon results of LitUK test taken in Sep 2009) once back in UK.

If we return after April 2010, wife will need to apply for 2-year visa obtainable from British Embassy BKK.

Important to show we have been married and living together both in the UK and Thailand during this period to obtain this new visa.

LitUK certificate will help application but must have proof of cohabiting during our time in Thailand.

This scenario works best if we want to establish whether living in Thailand is a good idea and can decide whether this is the case or not prior to returning to UK in April.

Also there seems little to stop us applying for a new visa should we decide to return after April 2010 via Embassy provided we can demonstrate we continue to be married/live together, but this route involves lots of visa costs/hassle.

Scenario 2

Wife applies for ILR and we leave UK Jan 2010 (based on passing LitUK test late Sep 2009 we apply in person for ILR in Dec).

ILR allows wife in and out of the UK indefinitely, and she may live in Thailand for 1 year 11 months and still be able to return to UK under the ILR.

However, if wife lives outside the UK for 2 years under ILR but wishes to re-settle in UK, the ILR will have lapsed and she will need to apply for 2 years visa from British Embassy as per above.

This scenario works best if we do not mind delaying a move until early 2010 and it gives us longer to decide whether living in Thailand is good for us, compared to scenario 1.

Scenario 3

Wife applies for ILR

Once ILR obtained, wife applies for Naturalization.

Naturalization allows wife in and out of the UK permanently.

To apply for naturalisation via ILR and LitUK would take us to earliest April 2010 (i.e. pass LitUK Sep, obtain ILR Dec, obtain naturalization March?).

This scenario works best if we do not mind delaying a move until Spring 2010 and gives us freedom to decide over an infinite period of time whether living in Thailand is suitable for us.

[chanthas]

Having spoke to Home Office Immigration & Nationality Directorate this morning it seems we have 3 options. Can someone let me know if I have made any incorrect statements?

Thanks.

Scenario 1

We leave UK without wife having an ILR (Oct/Nov).

Wife can return to UK before April 2010 (using her current visa).

Will then have to apply for new visa (either FLR or ILR, dependent upon results of LitUK test taken in Sep 2009) once back in UK.

If we return after April 2010, wife will need to apply for 2-year visa obtainable from British Embassy BKK.

Important to show we have been married and living together both in the UK and Thailand during this period to obtain this new visa.

LitUK certificate will help application but must have proof of cohabiting during our time in Thailand.

This scenario works best if we want to establish whether living in Thailand is a good idea and can decide whether this is the case or not prior to returning to UK in April.

Also there seems little to stop us applying for a new visa should we decide to return after April 2010 via Embassy provided we can demonstrate we continue to be married/live together, but this route involves lots of visa costs/hassle.

Scenario 2

Wife applies for ILR and we leave UK Jan 2010 (based on passing LitUK test late Sep 2009 we apply in person for ILR in Dec).

ILR allows wife in and out of the UK indefinitely, and she may live in Thailand for 1 year 11 months and still be able to return to UK under the ILR.

However, if wife lives outside the UK for 2 years under ILR but wishes to re-settle in UK, the ILR will have lapsed and she will need to apply for 2 years visa from British Embassy as per above.

This scenario works best if we do not mind delaying a move until early 2010 and it gives us longer to decide whether living in Thailand is good for us, compared to scenario 1.

Scenario 3

Wife applies for ILR

Once ILR obtained, wife applies for Naturalization.

Naturalization allows wife in and out of the UK permanently.

To apply for naturalisation via ILR and LitUK would take us to earliest April 2010 (i.e. pass LitUK Sep, obtain ILR Dec, obtain naturalization March?).

This scenario works best if we do not mind delaying a move until Spring 2010 and gives us freedom to decide over an infinite period of time whether living in Thailand is suitable for us.

My friend if i was you i would go for option no 3,is it a must that you should vacate so soon,dont no your situation,just REMEMBER thailand is not

going to grow legs and run off,you have come this far now would be silly to through it away at this point,

[paully]

Seconded - I'd go for scenario 3. But, it's up to you, chris, if you really can't stick the UK for that long.

[7by7]

Scenario 1

.....If we return after April 2010, wife will need to apply for 2-year visa obtainable from British Embassy BKK.....

Scenario 2

.....However, if wife lives outside the UK for 2 years under ILR but wishes to re-settle in UK, the ILR will have lapsed and she will need to apply for 2 years visa from British Embassy as per above......

Not quite.

If she has passed the LitUK test and you have been married and living together for at least 4 years, whether in the UK, Thailand or somewhere else, then she will be eligible for Indefinite Leave to Enter, which is essentially the same as ILR except it's issued outside of the UK and ILR is issued inside the UK.

See here for more detail on ILE.

Personally I would go for Scenario 3, but if unwilling to remain in the UK that long then I'd go for Scenario 1; with the proviso that she passes the LitUK test first. Why pay for ILR now when it may lapse and should you wish to return to the UK to live in the future she will, assuming you've been married for at least 4 years, be eligible for ILE? An ILE application costs the same as a settlement application; a lot cheaper than an ILR one!

[chriswatson]

Thanks guys for the feedback, info and support.

Each scenario has it's pros and cons and of course happy to be faced with "good problems" rather than "bad".

I wasn't even aware of ILE, 7by7, so thanks for that. In this way scenario 1 with LitUK certificate would on reflection now appear a better option to scenario 2. For personal reasons scenario 3, although the most sensible, is unlikely to happen.

[chriswatson]

Hi,

Having re-read wife's LitUK study book, it states citizenship can be applied for immediately after passing test. There is no mention of ILR. As wife has been in UK for four years and her current visa is good until April 2010, and we have not been outside of UK for any real period of time, does this mean she could apply directly for citizenship and void ILR application?

However, it also states Home Office expects new citizens to remain living in the UK and she must sign up to this intent.

What if wife leaves UK with citizenship immediately and does not return for 5 years and at that time plans to settle in UK? Would she be denied entry, as the only acceptable explanation given in the study book was if she was working abroad with a UK associated organisation (which she will not be).

The primary concern for us is that she can re-enter UK, and this has been dealt with above.

However, the bonus of waiting for citizenship is also attractive, but not if it compromises the primary concern.

Does anyone have any info, experience, knowledge on this?

Many thanks again.

[7by7]

The LitUK booklet is correct, one can apply immediately one has passed the test, provided one satisfies the other conditions as well.

The two main ones being:-

The applicant has no time restriction on their stay in the UK; this means ILR, ILE or some equivalent.

If the spouse/civil partner of a British citizen, then the applicant was physically in the UK on the exact day three years prior to applying and during the last three years has spent no more than 270 days in total out of the UK, with no more than 90 days in the final year. (For others it's 5 years and 450 days.)

However long she is out of the UK for, unless she has a valid entry clearance or is a British citizen then she will be denied entry if she attempted to return.

[chriswatson]

Hi all (esp. 7by7),

As my wife's "spouse" visa expires April 2010, then this presumably means she could apply immediately for naturalization should she get LitUK certificate.

How long does this process typically take?

Presumably, naturalization means she is a British citizen? Therefore, does this mean it is OK for her to exit UK immediately after receiving British citizenship and return years later (having not worked for UK affiliated organization whilst abroad). That is she would not usually be denied entry.

This is of extreme interest to us, because if it is the case she can obtain citizenship and then re-enter the UK without problems, then we would seriously consider delaying our move. If however she receives naturalization, but this would negatively impact her returning to the UK in the long term as she has agreed to remain in the UK when applying for it, then we would not, as the interest for us is not naturalization per se, but ensuring she can return unhindered. Naturalization is a bonus in our circumstances, but would not want it to affect our primary objective.

Would really appreciate input on this critical point.

Many thanks.

[7by7]

Hi all (esp. 7by7),

As my wife's "spouse" visa expires April 2010, then this presumably means she could apply immediately for naturalization should she get LitUK certificate.

No!

She must be free of any time restriction on her LTR in the UK, so she must get ILR (or equivalent) before applying for citizenship. To get ILR she needs to pass the LitUK test (or the alternative ESOL with citizenship course). As she has already been resident in the UK for more than 24 months she can apply for ILR as soon as she has passed the LitUK test. Once she has ILR and meets the residential requirement detailed above, she can apply for naturalisation.

If she let's her current LTR expire without applying for FLR or ILR then she will have to leave the UK, or be here illegally!

How long a citizenship application takes is dependant mainly upon demand. To give you an idea, when my wife and step-daughter applied for ILR it took nearly 6 months to be processed (Edit: She can apply in person and so get a same day decision, but this will cost an extra £200.), but their citizenship applications were processed in less than 2 weeks! But I personally know of one couple where the timings were almost exactly the reverse!

However, once one has successfully been granted naturalisation, one is not a citizen, and so cannot apply for a British passport, until one has attended a citizenship ceremony and it was a further 4 weeks before our local authority had one they could attend.

I'm not sure how long a passport application takes these days, when all first time applicants have to be interviewed and have biometrics taken. I don't think she could attend her citizenship ceremony and then move to Thailand, applying for her first British passport to the British embassy in Bangkok; I think her first application has to be made in the UK. However, I may be wrong, so maybe someone can confirm if this is so?

Once she has a British passport were it to expire whilst in Thailand she can, of course, renew it at the British embassy the same as any other British citizen.

Equally, just like any other citizen, there will be no restriction on her comings and goings into and out of the UK. She could leave when she wanted to, for as long as she wanted to and always be allowed back in; the same as you and I.

Edited September 9, 2009 by 7by7

[Boo]

My husbands naturalization took 3 months, 1.5 weeks for the next available citizenship ceremony & 2 weeks to process the passport. In total 4 months from LIUK test to receiving passport.

Just as an example of the benefits of getting ILR & citizenship as soon as possible;

When my husband received ILR in 2006 it cost 500 gbp in person & in 2009 it costs nearly 1k gbp. In a few years it might cost double that again

His citizenship cost nearly 700 gbp in 2008, a few years ago it was around 300gbp.

IMO in the long run, if it means staying around for another 6-9 months it would be worth completing the whole process. Once it is done, it is done forever. No more applying for visa to visit UK or having to make sure she is back in Uk within 2 years if she got ILR. No restrictions on visiting other countries either, she will be a British citizen & will e free to travel, as you are.

[chriswatson]

However, once one has successfully been granted naturalisation, one is not a citizen, and so cannot apply for a British passport, until one has attended a citizenship ceremony and it was a further 4 weeks before our local authority had one they could attend.

I'm not sure how long a passport application takes these days, when all first time applicants have to be interviewed and have biometrics taken. I don't think she could attend her citizenship ceremony and then move to Thailand, applying for her first British passport to the British embassy in Bangkok; I think her first application has to be made in the UK. However, I may be wrong, so maybe someone can confirm if this is so?

Once she has a British passport were it to expire whilst in Thailand she can, of course, renew it at the British embassy the same as any other British citizen.

Equally, just like any other citizen, there will be no restriction on her comings and goings into and out of the UK. She could leave when she wanted to, for as long as she wanted to and always be allowed back in; the same as you and I.

So it would seem that going down the passport route really would not impact her if she wanted to re-enter the country (and may become a very expensive option in the future - thanks Boo), but the process seems like it could take at least another 9 months or so?

Hmm. Real dilemma. I know Thailand isn't going away but I'd like to check out living there before my child reaches school age and I'm coming to the end of a work contract with nothing definite on the horizon. Plus winter's coming....

I'm half tempted to go ASAP and if it looks like things are not going to work out well over there, return to the UK before wife's visa expires and apply for citizenship then. However, to be eligible wife can't be out of the country for long and this will not really give us time to decide whether to stay or not.

Any suggestions?

Edited September 10, 2009 by chriswatson

[Boo]

Am I right that she has been living in UK for 3 years already?

And she currently only has FLR?

[chriswatson]

Am I right that she has been living in UK for 3 years already?

And she currently only has FLR?

She's currently on a limited leave to remain residence permit good until april 10 2010.

She's been married and living with me in the uk since December 2005.

Edited September 10, 2009 by chriswatson

[Boo]

As far as I understand it, as long as she has the LIUK test pass then she can apply for ILR now, then straight after apply for naturlisation (provided she meets the other requirements) as she has been in UK for 4 years already. The whole process could be done & passport in hand by end of January?!

But wait for 7y7 or TVE to clarify.

[chriswatson]

Hi Boo,

According to 7by7 (above), it would appear getting a passport would be much longer process than you think.

First she has to pass the LitUK.

Next, she would have to obtain ILR. Doing this in person she could receive it on the same day. However, I called the Home Office and they are currently booked about 2 months in advance.

Citizen application would take, using 7by7's notes as a guide, an average of three months.

The citizenship ceremony, agin using 7by7's notes, takes a further month.

Actually getting a passport probably takes at least 2 months.

So adding all this up, and assuming 1st Oct 2009 wife has LitUK pass certificate, I calculate the whole process from here to getting a passport would take us to 1st June 2010.

This is all absolutely fine if I was working in the UK and not planning to take my family out to Thailand before my child was school age to see if child and I could adapt to living there, but not so good if I have no work and I can't stop my child getting any older

I'm more tempted to leave UK ASAP and if things look like they won't work out in Thailand get back to UK under current permit and apply for citizenship at a later date, in the knowledge that we know we're not going anywhere. However, I can't leave just yet due to work commitments, and I think we need at least a year to see if we can adapt or cannot to Thailand/get good education etc. At least we can probably be certain of getting an ILE if we want to re-settle in the UK, although we have the irritation of having to wait another 3 years before wife can apply for citizenship - but that's the way things are and not much we can do about it. I also guess, as you suggest, it will be tremendously more expensive to do all the visa apps etc. in 2013 than it is now.

Unless you or someone else has other suggestions, this is how I see our predicament?

[Boo]

ILR can be gotten on same day but if your local office is full you can go to another one but of course this will involve travel.

Also depending on where you live the citizenship ceremony can be booked for a weeks time, just depends on your local area.

The passport, if using the checking service at the post office took only 2 weeks from postage to receipt of passport, including the time for the interview. Again, depends on the local area & how willing you are to travel & or flexibility on time etc.

We live in south east london so a high migrate population & hubbies citizenship ceremony had 40 people in attendance but they hold 4 a week so we got an appointment in a week & half. We used the nationality checking service too which I beleive smoothed his natrulisation application. it also freed up his passport.

One option would be to get LIUK test & travel wherever needed for same day ILR. Then straight after apply for naturlisation via the checking service.

That way she gets gher passport back & you could head off to LOS then come back when she has received her naturlisation confirmation & needs to attend the ceremony/apply for the british passport.

As long as you have an address to use in UK then it should be doable?

[chriswatson]

Hi Boo,

When you say my wife can get "ILR on the same day", do you mean on same day as she passes LitUK? This was not the advice given to me by the Home Office. Could you please elaborate regarding "a local office"? No problem traveling to one.

I'm also in London (near the city square mile), so perhaps a local ceremony may be quicker here than elsewhere, as you suggest?

Could you recommend a "checking service" you mention, and perhaps provide contact info?

I have a usable UK address, but not sure if we can fly out/return as you say, both practically or legally, but would be great to hear more...

Thanks a lot!

[paully]

^ I think he probably means this:

"Applying through the Nationality Checking Service (NCS)

The nationality checking service is provided by local authorities (for example your county council or city council). A local authority can accept and forward your application to us. They will ensure that your form is correctly completed, and they will copy your documents and return them to you. They will ensure that your application is validly submitted and that the unwaivable requirements for citizenship are met. However, they will not give you nationality advice.

This service has been very popular since its introduction in 2005 as there are a number of advantages:

■last year only 2% of applications made this way were unsuccessful. This compares with 10% refusals for other applications;

■you can keep hold of your documents (like your passport) - we can, however, request the originals if we need them.

See Where is the nationality checking service available? for a list of Local Authorities that offer the service."

http://www.ukba.homeoffice.gov.uk/britishc...ervice/#header1

[Boo]

Local office for same day ILR, for example = if Croydon is full up for 2 months then try another office like Manchester for quicker appointment.

It's possible that the LIUK test takes time to filter into the home office system but can't see why there would be a time restriction on applying a day after passing it.? Maybe 7by7 or one of the other guys who is more up to date on process would know.

Post above outlines the nationality checking service. You pay about 50 quid & they make sure your papers are in order & take copies of passports etc so that you don't have to send them off with the application.

[7by7]

As far as I'm aware, once she has her LitUK pass certificate she can immediately apply for ILR, and even if you have to wait 2 months for an appointment at Croyden this will almost certainly be quicker than applying by post.

As Boo says, you may be able to get an earlier appointment at a different PEO. See here for a list of PEOs

She is already time qualified for both ILR and citizenship. All she needs for ILR is a LitUK test pass and all she needs for citizenship is ILR.

As far as I know the limits on absence from the UK only apply to the three years prior to a citizenship application. I am not sure if a trip out of the UK whilst awaiting the result is allowable (assuming it's affordable!).

All I can suggest is contacting the UKBA and asking them, unless someone more knowledgeable can post the answer here..

[chriswatson]

Thanks 7by7. I'll give the PEO's you link to a 'phone call on Monday to see if I can book an advance in-person appointment. The Home Office told me when I called them that they themselves could not book one for me until wife had passed LitUK test, but maybe this is not the same with a PEO?

Another question is this. I'd recently applied and had accepted by HM Revenue & Customs (HMRC) claims for Tax Credits (both Working and for Child). Looking at the ILR application form there are questions regarding State Benefits. As I claim these State Benefits, and these inevitably contribute in some way to my current support of wife and family, could this lead to a rejection of wife's application? What are the general rules around this and how, in any case, can they check up, if the ILR and ILE can be issued "on the spot"? Do they check up post-event? I've never previously claimed State Benefits, so have no idea if doing so would affect the application, and am wondering if I should stop claiming them if it affects her getting citizenship (even if the monies are legally due me).

Alternatively, should we decide to apply for ILE sometime in the future (having decided not to go down the ILR and naturalization route), I was wondering how I could demonstrate my ability to support my family, if I am not able to demonstrate any UK employment income as I would not have been working whilst out of the UK. Is there an accepted amount of UK savings and/or rental income from letting UK properties that satisfies this question, and if so, what is the typical income amount necessary?

I'm still trying to work out whether to delay our "move" a minimum of 4 months (as it would seem from Boo's experience) from wife passing LitUK and the potential of draining my finances somewhat (no immediate employment opportunities in the pipeline) yet capitalize on the fact she has been in the UK the requisite time period and achieving citizenship would be fantastic. Or shoot off once she passes LitUK and put to the test our ability to live in Thailand using the UK flat we currently occupy to subsidize our living abroad via letting it, "safe" in the knowledge we can at least return to the UK under ILE should things not work out for us in Thailand!

Thanks to anyone who can assist.

Edited September 12, 2009 by chriswatson

[7by7]

A PEO is a branch of the Home Office, so it may be that they wont book an appointment until she has the LitUK pass; but it wont hurt to ask.

Tax credits are on the list of proscribed public funds, which means that an immigrant subject to this proscription is not allowed to claim them on their own. However, you are allowed to claim and married couples have to claim jointly.

So, as this Home Office leaflet says

My partner is allowed to claim tax credits - can I claim them too?

Claims for child and working tax credits are assessed jointly. If you are living with a spouse or partner who is allowed to claim tax credits, your name may be included in the claim.

Remember that you can claim child benefit for your child, too.

Once she has citizenship then, of course, both of you will be able to come back to the UK at any time without having to demonstrate your ability to support yourselves. If she doesn't apply for citizenship at this stage and so in future needs some form of entry clearance to the UK then you will need to demonstrate that you can support yourselves. The money to do so can come from income, savings or a combination of both. They can also take into the consideration how quickly, or otherwise, the applicant, sponsor or both will find employment once in the UK.

There is no set minimum figure, as circumstances vary; as does the cost of living from one part of the UK to another. However, the general guide is that an applicant and their family should have at least the same as the income support level for a British family of the same size.

See Maintenance and accommodation

I really think that, unless there is a really urgent need for you to move to Thailand PDQ, the best option is to delay the move until she has British citizenship and a British passport. It may take up to 9 months for all of this to be sorted, but it will mean that you will ave no future worries about UK visas and their requirements.

[chriswatson]

Hi 7by7,

But is the fact I am claiming State Benefits likely to prejudice my wife's application for ILR and naturalization? I take it you do not think so as your response has not flagged this up, but I'd like to be sure this is your view.

I agree that it makes upmost sense to wait until she gets citizenship, but I have the following considerations:

1) We've been planning on doing this for a long time and have delayed every year for the past couple, for some reason or another. Not a reason to not delay again, but this is our "mind set".

2) For economic reasons, a delay of between 4-9 months could be a bit of a problem. Worst case scenario is I do not get enough income to cover our costs for remaining in the UK during this period without drastically altering our lifestyle (not that we don't live frugally anyway) and this severely drains our disposable income thus diminishing the funds/capital we intend to live on whilst attempting to establish ourselves in Thailand. This issue disappears if I get a good work project contract during this period, but I have nothing guaranteed as yet, nor should expect to. Nor do I really have the motivation (see point 1 again), even if it would make sense for a "last push" and I'm sure others would find this thinking crazy in light of their own predicaments.

3) I really want to try out Thailand before our child is of British compulsory school age. I am assuming I will need some time in Thailand to establish the most suitable education, costs, location etc, and I don't wish to disrupt my child's education by bringing her out of a British school and plonking her in a Thai one (even if it is a "quality" international one), before she has had the time to acclimatize. I know kids are famed for adapting quickly to new environments, but I'm not and there are other implications around schooling such as where we will live, impact on living costs, lifestyle etc that I do not wish to rush either, for all my family's sakes.

4) It is possible we could leave almost immediately with LitUK certificate and return to the UK before April 2010 (when wife current visa runs out) having established we are not able to settle in Thailand. This is a very finite possibility, but if I find Thailand life is a "living hel_l", I may be able to establish this within 4 months of so and won't have this "shall we/shan't we emigrate" question hanging over our heads indefinitely, as we do now.

5) Deep down I'm guessing we'll "make it" in Thailand. I can't see why we can't. I've spent long enough there for extended periods over the years to wise-up to a lot of the pitfalls. If however we cannot, and we return via an ILE in a couple of years time, I'm sure I'll have a good enough story to establish that I can support my family in the UK so as to receive the ILE. I know this is a risk and far from a certainty, but I've been able to demonstrate I have been able to support ourselves in the past and this circles back to my initial question about whether my new status of being a receiver of State Benefits (including Child Benefit - thanks for the reminder) can negatively impact our application, either now or in the future?

[7by7]

That you are, or have been, claiming any or all state benefits to which you are entitled to will not have a negative effect upon her application for ILR or any future settlement application.

It is possible, though, that if the sponsor of a settlement applicant was entirely dependant upon state benefits that there may be doubts about their ability to adequately support their spouse in the UK.

As for whether to wait for citizenship or go now, I can see the validity of the points you raise. However, I have said why I feel obtaining citizenship is the better option, but at the end of the day it is a decision only you and your wife can make.

Sorry to be blunt.

[chriswatson]

That you are, or have been, claiming any or all state benefits to which you are entitled to will not have a negative effect upon her application for ILR or any future settlement application.

It is possible, though, that if the sponsor of a settlement applicant was entirely dependant upon state benefits that there may be doubts about their ability to adequately support their spouse in the UK.

As for whether to wait for citizenship or go now, I can see the validity of the points you raise. However, I have said why I feel obtaining citizenship is the better option, but at the end of the day it is a decision only you and your wife can make.

Sorry to be blunt.

No problem at all. We truly value yours and other input. Just making sure we're not making any unreasonable assertions with regards to our visa applications both now and in the future. The fact I need not worry about having recently received some State Benefits (other than Child Benefit which we've been claiming prior to her last visa application - so knew was OK to claim), is of relief. I certainly hope and expect that should we return to the UK under an ILE after April 2010 we would not have got ourselves in a position where we'd be unable to prove to the UK authorities that we'd not be entirely dependent on State Benefits.

Though I guess these things can happen easier than one would like to think...

Edited September 13, 2009 by chriswatson

[steve187]

As far as I understand it, as long as she has the LIUK test pass then she can apply for ILR now, then straight after apply for naturlisation (provided she meets the other requirements) as she has been in UK for 4 years already. The whole process could be done & passport in hand by end of January?!

But wait for 7y7 or TVE to clarify.

British citizenship application can take up to 6 months , and then a further wait for ceremony, and then another for passport, but could she not pass the test, apply for ILR by personal visit issued same day, apply for citizenship the following day by using the nationality checking service at local council about a £45.00 fee payable, that way your wife would get to keep her passport, you could then leave the country and return to thailand whilst the application is processed, about 6 months, return to uk in time for the ceremony and then apply for a passport, after attending the passport interview,i think the interviews are taking a few weeks to arrange, she would then be free to return to thailand, either waiting for the passport to arrive or the passport could be sent on later, I would think that she would have to stay in the UK for about 4 weeks or so.

[chriswatson]

Hi Steve187, I like the way you're thinking and I am not saying it could not be done this way (although I have no idea), but I think this will be a nightmare to arrange and track

Has anyone else done it this way?

Edited September 30, 2009 by chriswatson