Indefinite Leave To Remain (ilr) For Uk

[bwalker1973]

I am preparing to get a settlement Visa for my wife to go back to the UK, and both our children are already British Citizens.

I read on the UK Border Force website somewhere, that you may be entitled to the Indefinate Leave to Remain (ILR) visa if you or your partner have been living outside the UK as a married couple for 4 or more years?

She has completed 3 levels in the ESOL course for the English language, which satisfies the requirements.

Because this will knock the 2 years off the waiting time in the UK.

Has anyone tried going for one at these, at the British Embassy in Bangkok? If so how do you go about the accommodation status, has this will be a different class.

If so I would like to know more, and the documentation required, and the time scales.

Thanks in advance.

[7by7]

Yes, if you have been living together outside the UK for 4 years or more then she should be entitled to Indefinite Leave to Enter; which is the same as Indefinite Leave to Remain except it is issued outside the UK rather than in.

Basically, she applies for settlement as your spouse, and if she meets the requirements for ILE she will be granted this, otherwise she will be granted a 2 year spouse visa, assuming she qualifies.

You say that "She has completed 3 levels in the ESOL course for the English language, which satisfies the requirements." This will only satisfy the KOL requirement if the course also included citizenship materials. If it didn't, but she otherwise qualifies for ILE, then she will be granted a 2 year visa, and once she has satisfied the KOL requirement in the UK she can immediately apply for ILR without having to wait until the initial visa expires.

See Uk Settlement; Spouse Visa Or Ile? for more details on this.

See also:-

Settlement; Spouses

Maintenance and accommodation

Requirement for Tuberculosis testing for applicants visiting the UK for longer than 6 months

For where and how to apply, documents required, fees etc. see Official UK visa application website in Thailand