Spouse'S Ilr Application Query And Other Family Visa Issues

[Bidsagogo]

Good Evening

I am asking these questions on behalf of my English brother and his Thai wife. I have a number of queries so please bear with me.

Firstly, his wife has been in the UK since November 2009 on a Spouse's Visa and will shortly be needing to apply for a permanent visa (ILR?). She has 2 children from an earlier marriage who are Thai nationals. The eldest child is now in the UK on her mother's visa but since arriving has turned 18. Will the daughter have to apply for a visa in her own right when her mother applies for her permanent visa or, as she originally arrived on her mother's visa, will she still able to be included in her mother's visa application?

Secondly, what visa is my brother's wife supposed to be applying for and where do we find the information for it? When I applied for her original visa I found it to be very straightforward but I'm having difficulty knowing what she should be going for this time round. It might seem like a daft question, but as she's already here on her 27 month visa does she have to take the English test when applying for the new visa? (and will her daughter?)

I would be grateful for any replies to these queries as time is getting short and I need to ensure that I have everything in order for them to remain in the UK. My brother and his wife have 2 sons born in Thailand who are now living here (with their parents) and if their mother is refused a visa we don't know what will be the outcome for them all. Her 17yr old son in Thailand has just been refused a UK visa (don't know why yet) and it's a worry that the family will end up split. My brother, his wife and her daughter have all worked since arriving in the UK.

[kunash]

your brother's wife and her children were granted a settlement visa (spouse visa) in Nov 2009. you can apply for iLR 28 days before the this visa expires. in order to qualify for iLR his wife needs to be in the uk a minimum of 24 months. that is resident in the uk. she also needs to pass a life in uk test - this can be taken in one day, you will know the result the same day (this test is for people who have a good understanding of the english language). alternatively she can take an ESOL english language course with citizenship. this is over a few months and is for people who's english language standard is not as good. your wife will also need to produce evidence of her life in the uk - ie utility bills, council tax bill, anything that shows she has made the uk her home, also photos.

if her children came to the uk on her settlement visa they would automatically be granted iLR if they wife obtains it.

i would think they would need to complete an application form??? just like the settlement - maybe someone can confirm

what standard is the wife's english language skill? is it good? can she read english to a good standard? if it is good it would be quicker for her to do the life in uk test

here isa link to the UKBA websight - you can find all the information here

life in uk test http://www.ukba.homeoffice.gov.uk/settlement/knowledge-language-life/

iLR form http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/

good luck

[7by7]

Has your wife satisfied the Knowledge of Life and Language in the UK requirement?

If not, then she cannot apply for Indefinite Leave to Remain (well, she could apply but it would be refused) and should apply for Further Leave to Remain instead. In which case she will need to have satisfied the A1 English speaking and listening requirement.

If she qualifies for ILR, see Completing application form SET(M)

If she doesn't qualify for ILR and so will be applying for FLR, see here.

I think, but am not totally sure, that as your step-daughter is now over 18 she has to make an application in her own right using Form SET(F) and cannot be included in her mother's. She, too, will need to have satisfied the KOL requirement, and if not will need to apply for FLR, but as she would not be applying as a spouse or partner would not need to satisfy the A1 English requirement.

As I said, I am not totally sure about the last paragraph; hopefully someone with more knowledge than I will be able to advise.

[Bidsagogo]

Thank you very much for your replies. My sister in law's spoken English is pretty good - not so sure about her reading/writing. I've looked at the A1 test and she'd have no problem passing that though which is handy. What a palaver.

[kunash]

Thank you very much for your replies. My sister in law's spoken English is pretty good - not so sure about her reading/writing. I've looked at the A1 test and she'd have no problem passing that though which is handy. What a palaver.

your brother's wife is already in the uk, on a settlement visa. this was granted in Nov 2009, and lasts 27 months. her settlement visa will expire february 2012. time to act now i think.

Before the settlement visa expires she will need to pass either;

a life in uk test, (she will need level 3 english or higher. this test can be done in one day)

or pass an ESOL course in english language with citizenship.(she will need either a level 1 or 2 in english language, and during the course gain 1 level)

if she passes this, and satisfies the other requirements she can apply for ILR.

If she does not pass this test she can apply for FLR.

she CANNOT take the A1 test. the a1 test is for when you are coming to the uk on a settlement visa.

[7by7]

she CANNOT take the A1 test. the a1 test is for when you are coming to the uk on a settlement visa.

As I said above; if she has not satisfied the KOL requirement for ILR and so applies for FLR instead; she must have an A1 pass or better in speaking and listening for her FLR.

Obviously, if necessary, she can take this test in the UK.

See the links in my previous post for more details.