Hello All. Could someone please clarify what the requirements are (if any) are about my Thai wife, who has been living with me in the UK for just under one year on a UK settlement visa, visiting Thailand for a couple of months. I have tried searching the web and TVF, but haven't had any luck in finding any information. Will she need to show any documents, in addition to her passport, upon re-entry to the UK and will there be any implcations when we eventually apply for indefinte leave to remain?

Many thanks in advance for your help.

As long as her settlement visa is still valid when she re-enters the UK she will not have any problems. However, if her visa expires while she is out of the UK then she will have to apply for anew one and start the whole process all over again.

When she comes to apply for ILR she will need to show that the UK is her main residence, difficult to do if she spends more time in Thailand than the UK; but a few months during the 2 years is not going to be a problem.

However, bear in mind that if she does decide to apply for British citizenship there is a set residential requirement. As the spouse of a British citizen she must have been physically (and legally) present in the UK on the exact date three years prior to her application and during the intervening three years have spent no more than 270 days in total out of the UK with no more than 90 days in the final year.

Thank you very much 7by7 - that's very useful to know.

You're welcome.

I should have added that once she has ILR, if she were to spend a continuous period of two years or more out of the UK then her ILR would lapse. This would mean that she would then need the appropriate visa to enter the UK again.

If she does become a naturalised British citizen then this cannot lapse, no matter how long she may spend out of the UK.

Both the UK and Thailand allow dual citizenship, so becoming British wont effect her rights as a Thai citizen in any way.

7by 7 is correct , there should be no problem going for a holiday while your wife is on a settlement visa that is still vallid by the time you return ,many people have already done what you intend to do , me included, also when you come back you can go through with your wife through the none national passport section.j

Edited October 25, 201015 yr by Thongkorn