Indefinite Leave To Enter

[Rayongy]

Hello All,

I wonder if you could confirm my understanding or offer comment if I am wrong? There is just so much info on line an here that I am managing to confuse myself! So thank you ahead of time for answering.

Married to Thai national for 9 years, together for 13

Lived in Thailand for the first part and resident in the Gulf for the last 7

Wife has a multi entry visit visa for UK

We are solvent, with perhaps 400K in savings and I own property outright in the UK and my wife owns outright in Thailand

We are currently in the UK for 2 months.

I do not currently have a job but intend to find one in the UK (hence why I included our financial situation)

In this time, my wife will study for and hopefully pass the life in UK test.

I understand that we have to return to Thailand to apply for visas

We hope to apply for a ILE visa from BKK return to the UK and she can then gain citizenship (and a UK passport in 3 years). Is this possible? And could anyone help with a link to what docs I need to include in the application? There are so many conflicting reports. Also any idea what happens if she does not pass the Life in UK Test ahead of our application? Does is sound as if she qualifies for ILE

What are the advantages of applying for ILE instead of a Settlement visa and then going for ILR later when in the UK?

I cant find anything on the BKK website for the Co that handles applications to the embassy and the email bounced back!

Many thanks for your suggestions.

[7by7]

If she is resident in whichever Gulf state you are in, then she can apply there; if not then she will have to apply in Thailand.

She wont actually apply for ILE, she will apply for settlement.

If you can show that you have been living together outside the UK for at least the last 4 years and she has passed the LitUK test; she will be granted ILE.

If you can show that you have been living together outside the UK for at least the last 4 years but she has not passed the LitUK test; she will be granted ILE subject to KOl, which lasts 27 months. This means that she comes to settle in the UK and can apply for ILR as soon as she has satisfied the KOL requirement, without waiting the full 24 months in the UK. She will have to pay for the ILR application; currently £840 if applying by post, £1095 if applying in person. So, if you intend a visit to the UK before she applies for settlement it would be worth her taking the LitUK test on that visit. You may even consider it worth making a special visit just so she can do so. Taking the test whilst in the UK as a visitor is not a problem, and once passed it is valid for life.

If, for some reason, she does not qualify for either of the above then she will be granted a 27 month settlement visa as your spouse. Once she has been in the UK for 24 months and satisfied KOL she can apply for ILR.

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

You may also find the following helpful:-

Maintenance and accommodation

Settlement; spouse

Supporting document checklist; Spouse/Civil Partner As well as the documents on this list, you should provide evidence that you have been living together outside the UK for at least the last 4 years and anything else you feel will support her application.

Once she has no time restriction on her stay in the UK she can apply for naturalisation as British; provided she meets the residential requirement. For the spouse of a British citizen this is:-

She must have been in the UK on the exact date three years prior to applying; and during the intervening three years have spent no more than a total of 270 days out of the UK with no more than 90 days in the final year.

Time spent in the UK as a visitor does count, so she may be able to apply sooner than 3 years after you move to the UK.

[Rayongy]

If she is resident in whichever Gulf state you are in, then she can apply there; if not then she will have to apply in Thailand.

She wont actually apply for ILE, she will apply for settlement.

If you can show that you have been living together outside the UK for at least the last 4 years and she has passed the LitUK test; she will be granted ILE.

If you can show that you have been living together outside the UK for at least the last 4 years but she has not passed the LitUK test; she will be granted ILE subject to KOl, which lasts 27 months. This means that she comes to settle in the UK and can apply for ILR as soon as she has satisfied the KOL requirement, without waiting the full 24 months in the UK. She will have to pay for the ILR application; currently £840 if applying by post, £1095 if applying in person. So, if you intend a visit to the UK before she applies for settlement it would be worth her taking the LitUK test on that visit. You may even consider it worth making a special visit just so she can do so. Taking the test whilst in the UK as a visitor is not a problem, and once passed it is valid for life.

If, for some reason, she does not qualify for either of the above then she will be granted a 27 month settlement visa as your spouse. Once she has been in the UK for 24 months and satisfied KOL she can apply for ILR.

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

You may also find the following helpful:-

Maintenance and accommodation

Settlement; spouse

Supporting document checklist; Spouse/Civil Partner As well as the documents on this list, you should provide evidence that you have been living together outside the UK for at least the last 4 years and anything else you feel will support her application.

Once she has no time restriction on her stay in the UK she can apply for naturalisation as British; provided she meets the residential requirement. For the spouse of a British citizen this is:-

She must have been in the UK on the exact date three years prior to applying; and during the intervening three years have spent no more than a total of 270 days out of the UK with no more than 90 days in the final year.

Time spent in the UK as a visitor does count, so she may be able to apply sooner than 3 years after you move to the UK.

Fantastic post, thank you.

[Melpomene]

If you can show that you have been living together outside the UK for at least the last 4 years but she has not passed the LitUK test; she will be granted ILE subject to KOl, which lasts 27 months. This means that she comes to settle in the UK and can apply for ILR as soon as she has satisfied the KOL requirement, without waiting the full 24 months in the UK.

Sorry to hijack the thread but I've a question about the living outside the UK for at least 4 years part.

My wife and I have been married for 5 years, the first 3 of which were in the UK, but for the last 2 we've been overseas. My wife was living in the UK on a 2 year settlement visa and then FLR, we never applied for ILR as we knew we'd be leaving soon after the initial settlement visa expired.

So although we meet the 4 year timeframe not all of it has been spent outside the UK - do we qualify for ILE or would we need to start the whole process again with a standard settlement application ?

Many thanks in advance for your help on this issue......

[7by7]

Unfortunately your wife does not qualify for ILE: to qualify for ILE you need to have been living together outside the UK for at least 4 years.

So, assuming all the criteria are met, your wife will be granted a 27 months settlement visa and after 24 months in the UK, during which she satisfies the KOL requirement, she will need to apply for ILR.

If she had obtained ILR during her previous residency then, as she was resident in the UK for 3 years, she could have become naturalised as British and obtained a British passport. Which means that she would not now need any visa to return to live in the UK. Ain't hindsight wonderful?

[Melpomene]

Unfortunately your wife does not qualify for ILE: to qualify for ILE you need to have been living together outside the UK for at least 4 years.

So, assuming all the criteria are met, your wife will be granted a 27 months settlement visa and after 24 months in the UK, during which she satisfies the KOL requirement, she will need to apply for ILR.

If she had obtained ILR during her previous residency then, as she was resident in the UK for 3 years, she could have become naturalised as British and obtained a British passport. Which means that she would not now need any visa to return to live in the UK. Ain't hindsight wonderful?

We kind of suspected as much, but thanks for confirming.

And yes hindsight is a splendid thing. However, I like to think I'm doing my bit for stimulating the UK economy with all these Visa fees I keep having to pay !

[Rayongy]

Guys

One last question before we head to BKK to sort the ILE.

Do I need to book an appointment to submit the application? Any ideas how long in advance?

Also, any ideas how long it takes from submitting to getting it back? Works bothering me!

Thank you

[7by7]

If she is applying in Thailand then she can book an appointment to hand in her documents and have her biometrics taken.

However, she can also simply turn up and wait. Recent reports suggest that the current waiting time for an appointment means this may be the quicker option at present!

See How to apply.

Remember that if she is applying in Thailand she will need a TB certificate, which can only be obtained in Bangkok.

How long it will take depends on too many variables to say with any certainty; the main one being how many applications they have to process before they get to hers. See Guide to Processing Times.

[Rayongy]

Thank you again! Very helpful. <div><br></div><div>Aside, do you know what internal process the embassy actually has to go through to grant ILE. What checks do they carry out both in the UK and Thailand?</div><div><br></div><div>Thanks</div>

[MAJIC]

If she is applying in Thailand then she can book an appointment to hand in her documents and have her biometrics taken.

However, she can also simply turn up and wait. Recent reports suggest that the current waiting time for an appointment means this may be the quicker option at present!

See How to apply.

Remember that if she is applying in Thailand she will need a TB certificate, which can only be obtained in Bangkok.

How long it will take depends on too many variables to say with any certainty; the main one being how many applications they have to process before they get to hers. See Guide to Processing Times.

Not sure if this also applies to ILE as well as the Settlement Visa?

Since September the 1st 2009 applications for a Settlement Visa are only taken Online,and also must not be hand written and scanned in. At a later date they will call you and arrange an appointment to present your Documents in person.

I only know this because we presented my wifes application on September the 3rd 2009,and they just about allowed her(mine) hand written application because their website was experiencing problems and was offline on the 3rd of Sept 2009.

One gets a week to fill in the online application that can be saved in stages,if you do not have all the answers to hand,to do in one attempt.After a week,if the application is not completed,they cancel it, and clear the screen.

There is "Global" Agents next door to VFS who will type in online the application for a 2,000 baht fee (I refused this service which was offered for the next day),when the Website was expected to be up and running.

Global also handle the TB Certification,and although I do not usually believe in paying Agents,this turned out to be money well spent at 1,500 bahts + fees for the TB Cert. They provide an accompaning staff member who books and pays for the Taxis, sorts out the Hospital appointment, and deals with the Ministry that issues the TB cert.All told it took 5 hours of his and our time,could be less time, and cheaper if you know your way around Bangkok.

Edited July 7, 2010 by MAJIC

[CarlBkk]

Wait a minute, the vultures...sorry...agents next door wanted 1500 PLUS the astronomical 2600 baht for a TB certificate? The price is a rip-off anyway without having to pay them to escort you to Bumrungrad and make a couple of calls for 1500.

[7by7]

do you know what internal process the embassy actually has to go through to grant ILE. What checks do they carry out both in the UK and Thailand?

Firstly the ECO has to decide if the applicant meets the criteria for settlement as a spouse/partner. See the Maintenance and accommodation and Settlement; spouse

links provided earlier. Having decided that, on the balance of probabilities, the applicant does, if the applicant has provided evidence to show that they do qualify for ILE then the ECO simply has to check that applicant and their spouse/partner have indeed been living together outside the UK for at least the last 4 years. S/he will also need to check to see if evidence of the applicant meeting the KOL requirement has been submitted before issuing either full ILE or ILE subject to KOL.

See SET3.23 What immigration conditions apply upon entry to a spouse applicant?

Not sure if this also applies to ILE as well as the Settlement Visa?

Since September the 1st 2009 applications for a Settlement Visa are only taken Online,and also must not be hand written and scanned in. At a later date they will call you and arrange an appointment to present your Documents in person.

Firstly, as explained above, one does not apply for ILE or a settlement visa; one applies for settlement. Whichever one is granted depends on which one qualifies for.

When first introduced, they did try to make it compulsory for settlement applicants to use the online system. However, common sense prevailed when they realised that not all applicants would have access to the internet.

The how to apply guidance now says "You can complete your visa application form in one of the following 2 ways, although settlement and Tier 4 applications and their dependants should complete an online application." Note it says "should" not "must." There are several members here who can testify that submitting a paper settlement application without first making an appointment is acceptable.

As for Global Visas, this topic is just one of many which indicates why my advice is to have absolutely nothing to do with them.

BTW, who told you that you must submit an online application? The VAC, or Global ?

[MAJIC]

do you know what internal process the embassy actually has to go through to grant ILE. What checks do they carry out both in the UK and Thailand?

Firstly the ECO has to decide if the applicant meets the criteria for settlement as a spouse/partner. See the Maintenance and accommodation and Settlement; spouse

links provided earlier. Having decided that, on the balance of probabilities, the applicant does, if the applicant has provided evidence to show that they do qualify for ILE then the ECO simply has to check that applicant and their spouse/partner have indeed been living together outside the UK for at least the last 4 years. S/he will also need to check to see if evidence of the applicant meeting the KOL requirement has been submitted before issuing either full ILE or ILE subject to KOL.

See SET3.23 What immigration conditions apply upon entry to a spouse applicant?

Not sure if this also applies to ILE as well as the Settlement Visa?

Since September the 1st 2009 applications for a Settlement Visa are only taken Online,and also must not be hand written and scanned in. At a later date they will call you and arrange an appointment to present your Documents in person.

Firstly, as explained above, one does not apply for ILE or a settlement visa; one applies for settlement. Whichever one is granted depends on which one qualifies for.

When first introduced, they did try to make it compulsory for settlement applicants to use the online system. However, common sense prevailed when they realised that not all applicants would have access to the internet.

The how to apply guidance now says "You can complete your visa application form in one of the following 2 ways, although settlement and Tier 4 applications and their dependants should complete an online application." Note it says "should" not "must." There are several members here who can testify that submitting a paper settlement application without first making an appointment is acceptable.

As for Global Visas, this topic is just one of many which indicates why my advice is to have absolutely nothing to do with them.

BTW, who told you that you must submit an online application? The VAC, or Global ?

No it was not Global! it was an Official Announcement on the Notice Board outside VAC.

I have always agreed with you in the past,it's best not to use Agents,and usually they can't do anything for you that you can't do yourself (except take your money)my reason for using them in this instance,was that I dont know my way around Bangkok,and we were on a limited time factor.As stated in IMHO 1500 baht was money well spent in this rare instance,of using an agents small service,which I dont expect everyone to agree with me.

Also my wife's application was submitted in original longhand (mine)and her Visa was duly issued 6 weeks later,with no problems,or queries.

As you say they have now rescinded online applications only,and I stand corrected.

It was never viable to expect all applicants to be computer literate in the first place.

Edited July 8, 2010 by MAJIC