Uk Visa For Thai Wife That Cannot Speak English

[hc02sa]

Hi,

I have a Thai wife (not married) and a 10-month-old daughter.My daughter has Thai/British dual nationality.

I would like to bring them to the UK, however my wife doesnot speak any English at all. Communication is fine as I can speak Thai fairly well.

The problem is visa options for my wife, especially as shecould not take an English test. The same goes for interviews at the embassy, as she can speak no English at all.

Does anyone know if there are exceptions to English tests for a mother of a British citizen and if not what visas I could consider.

Obviously as my daughter has a British passport, she can come here at any time, however she needs her mother to look after her and also so I can work. It would be impossible for me to look after her on my own, as I need to work. I don't want the situation where I am stuck in the UK working and can only see my wife/daughter for a few weeks a year on holidays.

Any thoughts/suggestions would be much appreciated.

Thanks.

[7by7]

At present, being the mother of a UK citizen does not entitle one to a UK visa; unless the child is an adult and the mother is wholly financially dependent upon the child. A recent European Court ruling may have some bearing on this, though; hopefully a professional can advise if so and how it would effect people in your position.

As you are obviously aware, to apply as your spouse she will need to pass a (very basic) English speaking and listening test. Most of the organisations that provide these tests also provide tuition, So I'm afraid that the only option is for her to learn some English. See here for a list of UKBA approved test providers in Thailand; there are, of course, other language schools who will provide her with tuition, but they cannot provide the test.

There are exemptions to this requirement;

You will not need to meet the English language requirement if you provide satisfactory evidence that:

• you are aged 65 or over at the time when you make your application; or
• you have a physical or mental condition which would prevent you from meeting the requirement; or
• there are exceptional compassionate circumstances which would prevent you from meeting the requirement.
  source
  

May I ask, how do you expect her to survive in the UK with you out at work and she not speaking English? Remember that once in the UK she will have to satisfy a much harder, written English (or Welsh or Scottish Gaelic) requirement in order to obtain Indefinite Leave to Remain.

[bangkockney]

She needn't take a further test (LitUK): She'll hardly be viewed as an "English Speaker" when it comes to ILR so passing an ESOL course with citizenship materials would be fine.

The only real alternative, with no English requirement that would allow your wife to remain for an extended period in the UK is as an extended student visitor.

Being an absolute beginner she would most probably be able to get 2 ESV visas back to back, though they have to be applied for in Thailand each time. The visa gives 11 months in UK per 12.

She'll have spent the time with you in UK studying and probably after the first visa, have good enough English and the certificate to prove it, to make a spouse application after.

Study may or may not be an option.

Edited June 5, 2011 by bangkockney

[hc02sa]

Thank you for the informative reply.

I am only 29, so I don't have the money to stay in Thailand indefinitely so i'll always have to work. I have a professional job so any income requirement for the visa is no problem.

I would like her to go to an English school, but my daughter is only 10-months and cannot handle separation from her mother so she needs constant attention. I realize she will need to learn the language eventually and I am looking for a more temporary solution for now.

I was hoping there would be no english requirement for a 6 month or 1 year tourist/finance visa that I can keep renewing.

Its key that I can be with my daughter especially so she can learn english once she starts talking.

My wife surviving in the UK is completely different problem and I think its impossible to know how much of a culture shock that would be for her. I think once here (by whatever means possible) that she would be forced to pick up English quickly.

[NanLaew]

There is no requirement to be fluent in English for the purposes of applying for and obtaining a visit visa. However, there is considerable proof needed that your wife partner will returning to Thailand after her initial visit before she will get a visa. If approved, the maximum stay will be 6 months but again it's not advisable to pursue back-to-back visit visas as this will look like she is pursuing semi-permanent residence (half a year every year) which is against the spirit of the visit visa. But you could realistically plan on having her obtain a couple of visits in a 24-month period over 2 visas.

Since you aren't married in any shape or form, despite already having a child, quite a long way from being an established family in the eyes of UK Immigration, you should pursue the 6-month visit visa first but with your wife partner staying less than the maximum allowed and stipulating in the application the date of arrival and planned departure. Once again, start on developing the all important and inarguable reason why she will be returning to Thailand. If you are lucky enough to get work legally in Thailand, then that is a considerable argument for her return, ie. she is your dependent and will be traveling with you.

What sort of accommodation you will be providing in the UK is also important and well as sufficient funds to support your wife partner and daughter without recourse to the public coffers.

Since she really should get a heads-up on the language, she should try and take some English lessons despite the demands of the infant. Doesn't she have relatives that can help in this regard? This is the norm for Thai families where there's aunts or grandparents that can do extended babysitting. There's many different ways of learning many languages including English so think outside the box a little. If she has any computer literacy, that's a bonus.

Plenty to be learned about UK visit visas in this forum as well as options for learning English and limiting culture shock.

Good luck.

Edits since on re-reading the OP, he isn't married yet. Any plans for that formality then? These days there's less emphasis on getting married in the mainstream but one never knows how bureaucracy views unwed partners particularly with your intention of having your dependents join you in the UK.

Edited June 5, 2011 by NanLaew

[7by7]

As said above, the maximum a visitor can spend in the UK on any one visit is 6 months and, usually, a maximum of 6 months out of any 12. Although this latter is a convention, not a rule, your partner would need to show an exceptional reason why she would need to spend so much time in the UK as a visitor. I'm afraid that in her circumstances, UK based British partner with whom she has a child, she would fail in this and any attempt by her to spend longer than 6 months out of 12 in the UK as a visitor would be seen as an attempt to get around the settlement rules.

For the same reason she may struggle to obtain a visit visa in the first place. She must be able to convince the Entry Clearance Officer that she is a genuine visitor and will, on the balance of probabilities, return to Thailand, or at least leave the UK, at the end of her visit.

Student visas are a favorite option of Bangkockney's for those who may struggle to meet the settlement rules. I'm not saying it would be impossible, but for her to spend any length of time in the UK as a student she would probably need to apply under the Tier 4 points based system, and this would mean finding an educational establishment on the UKBA's approved list to sponsor her; see here.

In my opinion, she may struggle to get an extended student visa to study English. The requirements are basically the same as those for a student visitor, and, as with any other visit visa, she may very well be refused on reason to return grounds. Although ES Vs were only introduced last December, on forums such as this I have read of many in similar positions to your partner's who have tried for non PBS visas to study English in the UK and been refused on the grounds that there are plenty of reputable English schools in Thailand; though the real reason was, I suspect, that the ECO saw the application as an attempt to get around the settlement rules and had strong doubts about the applicant leaving the UK at the end of the visa.

Unmarried partners are teated the same as spouses in the UK immigration rules, but to qualify as unmarried partners you need to have been living together in a relationship akin to marriage for at least the past two years; and be able to prove it. Were she to apply for settlement as your unmarried partner she would still need to satisfy the English requirement.

Sorry to be so negative, but you need to be aware of all the factors, not just the positive ones.

Bankockney, I am aware that an ESOL with citizenship course also satisfies KOL, but such a course also includes reading and writing skills. Note that I didn't mention the LitUK test, merely an English requirement for ILR.

[bobrussell]

Look at it from the other side. Your partner needs to have at least basic English skills. Look at passing the basic English test as a positive thing and do not try to by-pass it.

By all accounts it is very basic and I fear your partner will find the UK a very daunting place if she doesn't have very basic English. ESOL courses are great once she is here but she still needs to get here.

There are lots of places teaching English (I know some are pretty awful but would still probably give enough to get through the test) so unless you really are out in the sticks this should be possible.

Do not speak Thai is my main recommendation. My wife has several friends settled in the UK that have real problems because the household is largely Thai speaking. Start all your communication in basic English and the rest will follow!

Edited June 6, 2011 by bobrussell

[Thongkorn]

Why not apply for a Visit visa for six months , while your lady is here it would be a good opportunity to learn a little English , also to see if she can cope with the climate and the food ,My wife could not speak English, i like you could speak a little Thai, I tought my wife to speak English, the basics took about 6 months , the rest came very quickly , she attended an ESOL course and was classed as a none speaker , then she took level one and then two , it only took about one year all told. I had some great laughs with the wife teaching her English. maybe just an Idea.

Edited June 6, 2011 by Thongkorn

[endure]

Do not speak Thai is my main recommendation. My wife has several friends settled in the UK that have real problems because the household is largely Thai speaking. Start all your communication in basic English and the rest will follow!

Good thought. I have a Thai friend who owns a restaurant in the UK. The kitchen is staffed (legally) by his relatives most of who came here before the English test was introduced and who have obtained UK passports and citizenship. Because they're all still living in their little Thai world most of them can't speak any English worth talking about. The ones who have to venture front of house and speak to customers are much better at speaking English.

[7by7]

Why not apply for a Visit visa for six months , while your lady is here it would be a good opportunity to learn a little English

Any such learning would have to be provided by family and friends; visitors, unless student visitors, are not allowed to undertake a course of study.

Bangkockney's suggestion of an Extended student visitor visa would better; although as I said above, I'm not sure how easy she would find it to get one.

[Thongkorn]

Any such learning would have to be provided by family and friends; visitors, unless student visitors, are not allowed to undertake a course of study.

Bangkockney's suggestion of an Extended student visitor visa would better; although as I said above, I'm not sure how easy she would find it to get one.

I mean by being in the UK she can learn English, just by being here , i know you cannot study here on a six Moth visit visa.

[7by7]

I know that you know, but what about the OP? He may not have known. He does now.

[sirchai]

At present, being the mother of a UK citizen does not entitle one to a UK visa; unless the child is an adult and the mother is wholly financially dependent upon the child. A recent European Court ruling may have some bearing on this, though; hopefully a professional can advise if so and how it would effect people in your position.

As you are obviously aware, to apply as your spouse she will need to pass a (very basic) English speaking and listening test. Most of the organisations that provide these tests also provide tuition, So I'm afraid that the only option is for her to learn some English. See here for a list of UKBA approved test providers in Thailand; there are, of course, other language schools who will provide her with tuition, but they cannot provide the test.

There are exemptions to this requirement;

You will not need to meet the English language requirement if you provide satisfactory evidence that:

• you are aged 65 or over at the time when you make your application; or
• you have a physical or mental condition which would prevent you from meeting the requirement; or
• there are exceptional compassionate circumstances which would prevent you from meeting the requirement.
  source
  

May I ask, how do you expect her to survive in the UK with you out at work and she not speaking English? Remember that once in the UK she will have to satisfy a much harder, written English (or Welsh or Scottish Gaelic) requirement in order to obtain Indefinite Leave to Remain.

I have a Thai wife (not married) and a 10-month-old daughter.My daughter has Thai/British dual nationality.

Why can't, (or want) you get married? You're the one who should start teaching her some basic English. Doesn't matter where you're living now, there's always a possibility to pick up English through private tutoring.

Being legally married would make everything much easier, please consider what she's doing when you're at work.

I'd met my wife who couldn't speak English, my Thai was pretty poor. But I had enough time to learn Thai and teach her English. I hope you'll find the right solution soon. Good luck from lower northeast...........:jap:

[bkk_mike]

I have a Thai wife (not married) and a 10-month-old daughter.My daughter has Thai/British dual nationality.

Why can't, (or want) you get married? You're the one who should start teaching her some basic English. Doesn't matter where you're living now, there's always a possibility to pick up English through private tutoring.

Being legally married would make everything much easier, please consider what she's doing when you're at work.

Given he's already got a child with her, as far as UK immigration are concerned, they're effectively married...

It might be different if the OP was from Northern Ireland, as that would allow him to get an Irish passport, and if married, he could get his wife in on an EU spouse visa (which bypasses the English Language requirements, as well as being free). But for the actual UK immigration, there's no difference to being married or not...

[7by7]

Given he's already got a child with her, as far as UK immigration are concerned, they're effectively married...

Sorry, but you are incorrect. As I said earlier, to qualify as unmarried partners they need to have been living together in a relationship akin to marriage for at least the last two years. Having a child together does not change this.

[Amr]

Sorry if i was a bit tough answering you on this topic.

You said I HAVE A THAI WIFE ! no she is not your wife !! Why?! simply because both of you are not married yet and there is no documented proof of your marriage, Solution, Simple, Marry her so things can get easier for you to get what you want, Unless there is something that keeps you and her being unmarried couple which is not the main topic here. Secondly, You said she does not speak any english all!!! Well, How then you want her to go and survive in a country that the main and the only language there is basically EGLISH which as you quote SHE DOES NOT SPEAK ANY ENGLISH AT ALL !!!! One more thing, You did not tell us about her education level because the talk about english tests and all will be like gone with the wind if her education is not up to the level that makes her learn some english language basics, My advice to you is, If she is able to join some english language courses, Well do it and get her some english talking skills before you step forward to the next step of obtaining her a UK visa. Wish you luck. And again sorry for my harsh answer.