Indefinite Leave To Remain In The Uk

[Gibbo]

My wife has just received her indefinite leave to remain in the UK visa,

after 13 weeks of waiting.

She’s call me in a panic, because they have put the visa in her maiden name

not her married name – is this OK, she was hoping to return to Thailand early in the new year.

Thank you in advance for any help.

Regards

Gibbo

[7by7]

The ILR stamp should be in the same name as her passport. Is her passport in her maiden name? Maybe with a name change stamp which the UKBA missed when they issued her ILR? If so, I don't see a problem as her passport will have both names in it.

If concerned, then take your marriage certificate with you so she can join the dots at immigration if required when she returns to the UK.

[Gibbo]

The ILR stamp should be in the same name as her passport. Is her passport in her maiden name? Maybe with a name change stamp which the UKBA missed when they issued her ILR? If so, I don't see a problem as her passport will have both names in it.

If concerned, then take your marriage certificate with you so she can join the dots at immigration if required when she returns to the UK.

The passport was in her maiden name and a name change stamp added at the Thai Embassy in London.

She also has a previous 2 year settlement stamp in the passport in her current married name.

Her passport expires in Jan 2010, so her next passport will be in her married name.

[7by7]

You have a paper trail from her maiden name to her married name, so I wouldn't worry. You could contact the UKBA and ask that it be changed, but to be honest I wouldn't bother.

When she gets her new passport, it is up to you whether you pay the fee to transfer her ILR stamp to the new passport. Most people don't bother, and simply carry both the new passport and the old one with the stamp in it. This is perfectly acceptable; ILR is indefinite and does not expire simply because the passport containing the stamp has done so.

[Gibbo]

You have a paper trail from her maiden name to her married name, so I wouldn't worry. You could contact the UKBA and ask that it be changed, but to be honest I wouldn't bother.

When she gets her new passport, it is up to you whether you pay the fee to transfer her ILR stamp to the new passport. Most people don't bother, and simply carry both the new passport and the old one with the stamp in it. This is perfectly acceptable; ILR is indefinite and does not expire simply because the passport containing the stamp has done so.

Thank you for all your help

Regards

Gibbo

[7by7]

You're welcome.

Remember that now she has ILR, once she has been in the UK for three years she can apply for naturalisation as British and then a British passport. She can then use her Thai passport to enter and leave Thailand and her British passport to enter and leave the UK. It also means she wont need a visa for Europe etc.

If she has already been in the UK for three years or more than she can apply now; although the process can take several weeks, so I'd wait until you return from Thailand in the new year.

See British Citizenship and the appropriate links from that page.

[ThaiVisaExpress]

That is 3 years from first entering the country 7/7 it also includes tourist visa visits and entering on for example a fiance visa.

[7by7]

Yes, I know. Which is why I said "If she has already been in the UK for three years or more then she can apply now."

[cuddleypete]

7 by 7 I was told that once you get your Ilr that you have to be clear from immigration time restrictions for 12 months is this right ?

Uk border website says

You must be free from immigration time restrictions on the day you make your application for naturalisation as a British citizen. Unless you are married to a British citizen you should also have been free from immigration time restrictions for at least 12 months before you make your application. If you have not been free from time restrictions for 12 months, we will normally use our discretion to disregard this if:

[Gibbo]

My wife was told she had to wait 12 month by her English teacher

[7by7]

Cuddleypete,

The important part of your quote from the UKBA website is "unless you are married to a British citizen."

The requirements for the spouse or civil partner of a British citizen are slightly different to others:-

1. A three year residential qualifying period, not five years. Provided that:-

• The applicant was legally in the UK on the exact date three years prior to the application being received by UKBA.
  
• The applicant has spent no more than 270 days out of the UK during the last three years with no more than 90 days in the final year.
  

2. They can apply immediately they are free from immigration control, i.e. have ILR or the equivalent; providing the three years in the UK requirement is satisfied. If it isn't, then they can apply immediately it is.

For more details see Requirements for naturalisation if you are married to or the civil partner of a British citizen.

As the estimable TVE has reminded me, time spent in the UK with a visit, student or other type of visa counts toward the three years.

To use the example kindly given me by TVE:-

Tourist visa, entered March 06 departed May 06 - 3 month stay

Arrived Back in the UK July 06 fiance visa married September 06.

Gained FLR in October 06

Gained ILR in October 08

Gained Citizenship in April 09 3 years from first entering the UK

[cuddleypete]

Thanks7by7 for clearing that up i hope that iam not the only one who has found that you need to have a degree to read the goverment website regarding visa's, i wish they would write answer's in plain old english.

Iam doing my wifes after xmas so hopefully next year will be better than this year.

thanks agian mate pete

Happy Xmas to you and family

Edited December 16, 2009 by cuddleypete

[ThaiVisaExpress]

It is always worth asking the question if you are not sure the UK/BA website is sometimes confusing.