Uk Settlement Visa

[Stabbo-Lad]

Hi all,

I’m looking to move back to the UK and obviously want my Thai wife and family with me there. I’ve looked at many relevant threads and UK visas website but its information overload time

and I’ve given myself a headache. I’d be very grateful for any assistance.

My situation

I’ve been living in Thailand for 6 years – with my wife from day 1 and married for five and a half years. We have a 3 year old son with UK and Thai passports. Also my wife’s eleven year old

Thai son lives with us. We have lived in our current house for over four years (which my wife owns) and I have had four consecutive marriage –based visa extensions from Thai Immigration.

I’ll be returning to the UK alone and staying with my sister while I look for work and accommodation, wife and children to stay in Thailand to sell our house and until I can meet the requirements

of the settlement application (six months payslips/house rental etc).

Questions

1. Based on our marriage of over 4 years my wife will be able to apply for ILE subject to KOL (27 months) . Is this correct and our best option?

2. Exactly what tests need to be sat before she can apply for ILR and are these tests applicable for her 11 year old son? (KOL/LitUK/English Language, I’ve confused myself here).

3. Do the ECOs need six months worth of docs or can an application be made earlier – say 3 months?

4. Can I make the application online in England on behalf of my wife and stepson?

That’s all for now, I’m sure many other queries will follow.

Thanks,

SL.

[Stabbo-Lad]

OK,

So after another look on the UKBA website I see that children (under 18s) are exempt from the KOL test,

so that's one question answered.

[Stabbo-Lad]

Digging deeper I find my wife will need to pass an English Language Test here in Thailand PRIOR to any application for settlement (as of 29.11).

There doesn't seem to be a great deal of information about this test on TV - the only website I've found so far is the British Council here

but my understanding is that this test is listening and speaking only, not reading and writing.

Does anyone have any further information or firsthand knowledge of this test or any links.

TIA

SL.

[7by7]

1. Based on our marriage of over 4 years my wife will be able to apply for ILE subject to KOL (27 months) . Is this correct and our best option?

Your wife and stepson apply for settlement, each completing an application and paying the fee. Your wife should be granted the appropriate entry clearance and her son will be given the same as his mother.

If you have lived together outside the UK for at least 4 years but she has not passed the LitUK test (or an equivalent course, see 2 below) then this should be ILE subject to KOL. You will need to provide evidence that you have been living together outside the UK for at least 4 years.

However, it seems that the Bangkok embassy have problems recognising this and several people have been given the wrong visa! So your wife should check immediately she receives her passport back. (See this topic)

If you have not been living together outside the UK for at least 4 years then they will be given the standard 27 month settlement visa.

2. Exactly what tests need to be sat before she can apply for ILR and are these tests applicable for her 11 year old son? (KOL/LitUK/English Language, I’ve confused myself here).

See Knowledge of language and life in the UK. Those under 18 are exempt from this requirement.

3. Do the ECOs need six months worth of docs or can an application be made earlier – say 3 months?

You, or rather your wife and stepson, can apply at any time they like. Their visas will be dated from the day they are issued unless a request is made when submitting the application to post date them; this can be for up to 3 months.

The supporting documents should be sufficient to show that they qualify. As already said, you should supply documents to show that you have been living together outside the UK for at least the last 4 years, plus evidence of your finances and how you will support yourselves in the UK, where you will be living etc.

See Maintenance & Accommodation, SET03-Spouses and SET07-Children. See also supporting documents guidance.

4. Can I make the application online in England on behalf of my wife and stepson?

They prefer settlement applications to be made online, but your wife and stepson will have to attend the Visa Application Centre in Bangkok to have their biometrics taken etc. See How to Apply.

Remember that your wife will need a TB certificate, and as her son is 11 so will he. See Tuberculosis testing for applicants visiting the UK for longer than 6 months.

Digging deeper I find my wife will need to pass an English Language Test here in Thailand PRIOR to any application for settlement (as of 29.11)........Does anyone have any further information or firsthand knowledge of this test or any links.

The UKBA have yet to issue specific details of where one can take this test; which is unfortunately SOP for them!

There has been some discussion and suggestions on this test, this topic being one such.

[Stabbo-Lad]

Many thanks for the detailed reply 7.

Too many acronyms in one session caused my brain to implode but I'm getting my head around it all now.

So just to clarify the procedure:

1. English language test (wife only)

2. TB Certificate x 2

3. Online application x2

4. Supporting Documentation to VFs as per email

5. ECO assessment + interview if deemed necessary

6. Successful application = ILE Subject to KOL Visa

7. Family relocate to UK.

8. Wife enrolls on ESOL with Citizenship Material course (English not at A3 level so LitUK test does not have to be taken)

9. Able to apply for ILR after progressing 1 level on ESOL course.

10.

Is this correct or have I missed something?

Sl.

[7by7]

Essentially, yes.

However,

4. Supporting Documentation to VFs as per email

Wife and stepson attend VFS office to have biometrics taken, hand in supporting documents, pay fees.

8. Wife enrolls on ESOL with Citizenship Material course (English not at A3 level so LitUK test does not have to be taken)

The LitUK test is both quicker and a lot cheaper than an ESOL with citizenship course; so if her English is up to it (entry level 3 or better, but if just below this she may be ok) then this would be the better option.

Have a look through the LitUK website and it's practice test before deciding which route to follow.

[Stabbo-Lad]

Many thanks again.

I've already gone through the sample LitUK test and her English isn't even close to A3 at present.

Plenty of time to improve and rote learn one book though.

SL.