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Posted

Hello,

I have searched but cannot find the information.

My Thai wife has now received the LTE visa but as she has business interests in Thailand she will not be living in the UK non stop when she goes there.

So how do they determine she has lived in the UK for 2 years...is this set on dates of being inside the UK or just having bank statements / bills / paying tax NI over a 2 year period.

eg.

3 months UK - 2 months Thailand - 3 months UK - 2 months Thailand.... for 2 years

but paying council tax / NI etc to the UK government for 2 years.

or

2 years none stop in the UK and 2 to 3 weeks in every 4 months in Thailand...

Hope i'vee explained this i'm sure she's not the first to have this problem of not being able to stay for 2 years none stop.

thanks in advance.

Posted

im sure i read on here that it not look good for ilr if she spend too much time in thailand but im sure 7by7 will better tell you about it soon,

Posted (edited)

im sure i read on here that it not look good for ilr if she spend too much time in thailand but im sure 7by7 will better tell you about it soon,

I am assuming your wife has been granted settlement, therefore there is no requirement to spend the probationary 2yr period entirely in the UK she may come and go as often as she may please. 28 days before the two year period is to expire she will be able to apply from within the UK, either Further leave to remain which is a 2yr basic extension of her current Visa or alternatively if she passes the life in the UK test or completes an ESOL course from one level to the next she will be able to apply for a resident permit formerly known as Idefinite leave to remain. But although she may come and go as she pleases within the 2yr probationary period if she decides to apply for ILR just before expiry the issuing ECO may not grant it on the basis that she does not intend to settle in he UK as frequent trips back to Thailand may be seen as so. She would automatically be given FLR if the issuing officer decides that ILR is not suitable.

Also, if she were to apply for ILR at the end of her probationary period the ECO will most likely want to see Letters and other forms of evidence that link you both to the same property stretching back over the previous 2yr period.

Edited by jasonr3255
Posted

Indeed.

Obviously one is allowed trips outside the UK during the 24 month probationary period for ILR, but to qualify for it one must actually be resident in the UK and show that one is and has been for the full period.

For the evidence required, see section 10 of Form SET(M).

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