British Passport For Thai Wife

[alapjoyuen]

Hello Everyone , wonder possible to get some advice . I am a British passport holder and my wife is Thai. We met in Uk while she was studying for her master degree over there about16 years ago. To cut it short , we got married in Thailand more than 10 years ago and both of us are working in Thailand and we have 3 daughters , no trouble getting British passports for them ( just made the application by post and we got them about a month's time). Intend to send them for further education in the UK maybe in 5 or 6 years time.

NOw the question is my better half wants to be there with them when they are there in the UK, so she wants a UK passport , I know that it is a long process and better start the ball rolling now. Just do not know how to go about it, PLEASE advice..

YOurs sincerely

Al

[paully]

Have you read the other thread on passport for Thai ladies here:

http://www.thaivisa.com/forum/Long-Brit-Pa...es-t307084.html

The main problem for your wife is that she will need to have lived in the UK for 3 years before applying (with no more than 270 days away) and be resident there yet you imply that you and your family are settled in Thailand. Is she willing/able to live in the UK for this time?

Edited October 21, 2009 by paully

[alapjoyuen]

Greetings , maybe I did not post my question clearly .The wife does not actually want a UK passport, just wants to be prepared to move to the UK when circumcustances required , for example to be with our daughters if and when they are ready to further their educations over there or when it is time for us to retire. At the moment we are working hard to save up money for the future and my better half definitely unable to uproot herself yet, got the family businesses to look after and alot of other commitments.

So is there anything we can do in the meantime to move a step further , like application of 'idefinitely leave to stay in the UK ' or ??????

Would somebody please advise ?

yours ,

Al

[sumrit]

Greetings , maybe I did not post my question clearly .The wife does not actually want a UK passport, just wants to be prepared to move to the UK when circumcustances required , for example to be with our daughters if and when they are ready to further their educations over there or when it is time for us to retire. At the moment we are working hard to save up money for the future and my better half definitely unable to uproot herself yet, got the family businesses to look after and alot of other commitments.

So is there anything we can do in the meantime to move a step further , like application of 'idefinitely leave to stay in the UK ' or ??????

Would somebody please advise ?

yours ,

Al

There's nothing you can do at the moment except to make sure you have documentary evidence of your relationship for the length of your time together in Thailand. When you want to move to the UK, because you have been together for more than four years, you wife should be able to apply for a permanent visa instead of having to go through the initial two year 'probationary' period (http://www.ukba.homeoffice.gov.uk/ukresidency/eligibility/partnersandchildren/husbandwifecivilpartner/). Once your wife has been living in the UK for three years she can apply for British Citizenship (and have dual nationality) then get a UK passport.

Edited October 23, 2009 by sumrit

[7by7]

Greetings , maybe I did not post my question clearly .The wife does not actually want a UK passport, just wants to be prepared to move to the UK when circumcustances required

With respect, not maybe, but definitely!

There is no point in your wife applying for any form of settlement visa until you both decide to move to the UK to live. If she were to obtain a settlement visa now, then if it became apparent that she was not actually resident in the UK and only using it for visits it would lapse. Better to apply for visit visas as and when at present. She may, in your circumstances, be eligible for a 2, 5 or even 10 year visit visa, although she would still be limited to a maximum of 6 months in the UK per visit and a maximum of 6 months out of any 12 in the UK.

Regarding settlement, the normal situation is that the spouse of a British citizen or resident is granted a settlement visa valid for 27 months. Once they have been in the UK for 24 months they can apply for Indefinite Leave to Remain, subject to satisfying certain criteria, one being the KOL requirement.

However if, as you have, the couple have been living together either as a married couple or in a relationship akin to marriage for at least the last four years then the non British spouse will be eligible for Indefinite Leave to Enter; which is the same as ILR and cuts out the 2 year settlement visa.

If the applicant otherwise qualifies for ILE but has not yet satisfied the KOL requirement then they will be given entry clearance for 27 months during which time they pass the LitUK test or a suitable ESOL with citizenship course. Once they have done so they can immediately apply for ILR without having to spend the full 24 months probationary period in the UK

See UK Settlement; Spouse Visa Or Ile?, Have you been married for 4 years or more? for more details.

It is not possible to satisfy the KOL requirement outside the UK, but once done it is valid for life. So, there is no reason why she cannot take the LitUK test whilst in the UK on a visit. If she were to do so then she would be granted ILE immediately she applied, assuming the other criteria were satisfied, of course.

The above is the current situation. What changes this or any future government may decide to make no one can say. So you should check on the rules and procedures in force when the time comes.

Edited October 23, 2009 by 7by7