Uk Settlement Visa

[narkeddiver]

Hi,

My wife and I have been married for 2 and a half years and we have a UK marriage certificate

I have landed a contract job in the UK which looks like it may turn into something a bit more permanent so we are weighing up our options - one of which is for my wife to apply for a settlement visa

I would just like to check that I understand the process correctly so please correct any mistakes I have made :-) I also have a couple of questions around the Indefinite Leave to Remain

Assumming that her initial application is successful she will be able to remain and work (economy allowing) in the UK for 2 years - before the two years is up she has to pass the living in the UK test or an ESOL language test and apply for Indefinite Leave to Remain

Assumming that the ILR application is successful she then has a bit more freedom to travel back to Thailand for longer periods

Is there another step after ILR before applying for citizenship?

What is the waiting period between receiving ILR and applying for citizenship?

Finally, am I correct in assumming that even with ILR she will still have to apply for a Schengen visa if we want to take a holiday in Europe?

Thanks in advance

[jasonr3255]

You are correct on all aspects, just to add to that, there is no other step after ILR to citizenship. To apply for citizenship one must have spent a period of 3 consecutive years in the UK with no more than 270 days outside of the UK within that period and no more than 180 days in the final year I think. I am pretty certain that you can start to count the three year period from the start of your settlement date. But you would still have to apply for ILR 28 days before the 2 year probationary period is up. If your wife was refused ILR she would normally be granted another 2yr extension known as FLR. She can indeed work on arrival to the UK and is also entitled to NHS.

[7by7]

As Jason says, you are correct; almost. Her settlement visa will last for 27 months. During that time she passes the LitUK test or a suitable ESOL with citizenship course. Once she has done so and has been in the UK for 24 months she applies for ILR; she can submit this application up to 28 days before the second anniversary of her arrival in the UK and before her visa expires.

She can work during this probationary period and, as Jason says, access the NHS; but cannot claim most other public funds.

She can leave the UK as often and for as long as she wishes during this period, but when she applies for ILR will need to show that she is resident in the UK; possibly difficult to do if she has spent more time out of the UK than in.

Once she has ILR, were she to spend a continuous period of 2 years or more out of the UK, it would lapse. Were she to live outside the UK and use her ILR for visits, if this came to the attention of an immigration officer they would allow entry as a visitor on that occasion, but cancel the ILR so that in future she would need to obtain the appropriate visa to enter the UK.

To apply for citizenship she must have ILR and satisfy 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 submitting the application.

During the intervening three years she must have spent no more than 270 days out of the UK with no more than 90 days in the final year.

To travel to Europe while still just on a 27 month settlement visa (or FLR) she will need a Schengen visa. Once she has ILR this counts as permanent residence so technically she would no longer need one. However, there is confusion over this point, so I would advise getting her one just in case; as the souse of an EU citizen it is free and easy to obtain.

[Mercury]

As they have been married for over 2 years and live outside the UK, would she not be given ILE subject to KOL ?

I thought it was 2 years for married and 4 years if not married ?

[narkeddiver]

Thanks for the replies folks - this has helped clear things up

[7by7]

As they have been married for over 2 years and live outside the UK, would she not be given ILE subject to KOL ?

I thought it was 2 years for married and 4 years if not married ?

No, it's 4 years for ILE, married or unmarried.

2 years is for an unmarried partners visa, which is for 27 months the same as a spouse visa.

[26vinny]

A Schengun visa will be needed for every country she goes too unless she gets a British passport, Which is possible