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If A Uk Settlement Visa Is Obtained For An Unmarried Thai Partner

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Thanks to the help received in another thread, I want to clarify a point if I may.

As we lived together overseas for 5 years, I understand that my partner would not have to wait 2 years after arriving in the UK before she could get ILR. I understand that she would have to pass this UK knowledge test, but as soon as she had passed that, she could apply for ILR.

I believe the settlement visa is for 27 months. Now presumably most people have to arrive in the UK within 3 months, in order to still get the 24 months residence to qualify for ILR but as my partner would not need to wait 24 months, how long can she wait before travelling to the UK ?

I know the TB X-Ray thing is valid for 6 months but I think I have read that it only needs to be valid when applying for the visa, not necessarily still valid on the date of travel.

I hope this makes sense but I just don't want to screw it up if she has to or wants to get the visa and then wait before travelling. Thanks.

If she otherwise qualifies for ILE but has not yet satisfied the KOL requirement then she will be given entry clearance for 27 months (ILE subject to KOL) during which time she passes the LitUK test or a suitable ESOL with citizenship course. Once she has done so she can immediately apply for ILR without having to spend the full 24 months probationary period in the UK. This is worth doing as the fees for ILR were increased each year above inflation by the previous government and I doubt that the new government will be any different.

The actual endorsement on the visa will be "SETTLEMENT TO JOIN/ACC PARTNER(KOL REQ) (your name)"

So in theory she could arrive in the UK on the day the visa expires, take (and pass!) the LitUK test and submit her ILR application that same day.

In my opinion, the sooner she can travel after receiving the visa the better, as this will allow her longer in the UK to settle in and prepare for the test or sit a suitable ESOL with citizenship course. Remember that if she has not satisfied KOL when her visa expires she will have to apply (and pay for) for an extension.

For more on the KOL requirement see Demonstrating your knowledge of language and life in the UK and the links on the right hand side of that page.

You are correct about the TB cert; it needs to be valid when submitting the application, not when entering the UK.

  • Author

Thanks.

We were just thinking that if say she applied fairly quickly and was given her visa, that flight costs in the summer are expensive and come September they fall quite a lot.

She can ask for the start of the visa to be post dated for up to 3 months when submitting the application.

Regarding the TB cert, I forgot to add that if it has expired when she first arrives, she may be sent to the medical centre for a chest X-ray or other screening before being allowed in. Apols.

  • Author

No need to have it post dated. Only worried whether it had to be used within a certain date, which might be different for us as we don't need 24 months in the UK.

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