Settlement Visa Approved Uk

[wasas]

hi all, hope you can help me.

If and when my wife gets her settlement visa for the uk, what are the conditions of her remaining in the uk,.

I mean can she come back to thailand for holidays as many times as she wishes, and for how long at a time.

2nd question,After her 2 years in england,is she eligable for travelling to other countries easily, or does she have to stay another year ,and take some kind of test

thanks

[7by7]

Whilst she is living in the UK with her initial settlement visa she can leave the UK and return as often and for as long as she likes. However, when she applies for Indefinite Leave to Remain she will need to show that she is a UK resident; which may be difficult to do if she has spent more time out of the UK than in.

When she has ILR she can, again, leave the UK and return as often as she likes. However, if she spends a continuous period of two years or more outside the UK her ILR will lapse and she will have to apply for the appropriate visa to return.

Once she has lived in the UK for long enough and has no time restriction on her stay, e.g. ILR, she can apply to be naturalised as British, both the UK and Thailand allow dual nationality. Once British she can, of course, leave the UK when and for as long as she wishes and return at any time; just like any other British citizen.

However, there is a residential qualification for naturalisation. If you are British, then as the spouse of a British citizen she must have been in the UK on the exact day three years prior to submitting the application and during the intervening three years have spent no more than a total of 270 days out of the UK, with a maximum of 90 days in the final year.

If you are not British, then the qualifying period for her naturalisation is 5 years, with no more than 450 days out of the UK during the last 5 years, and 90 days in the final year.

For how to apply for ILR, see Completing application form SET(M) and Knowledge of language and life in the UK.

For more on naturalisation, see How do I apply for naturalisation as a British citizen? and the appropriate links from there.

Obviously, whether she is using a Thai or a British passport, she will have to obtain any necessary visas before traveling. Having ILR in the UK does not exempt her from any visa requirements other countries impose on Thai nationals.

Remember, though, that if you are an EU citizen, e.g. British, then as the spouse of an EU citizen a Schengen visa to travel to most European countries is free and easy to obtain, provided she is traveling with or to join you; regardless of where she lives or her status in the UK.

NB.

The information posted above, and in the links provided, is the current situation. The rules and requirements are subject to change at any time by the government, so you should check the requirements and procedures for both ILR and naturalisation nearer the appropriate time.

[wasas]

Whilst she is living in the UK with her initial settlement visa she can leave the UK and return as often and for as long as she likes. However, when she applies for Indefinite Leave to Remain she will need to show that she is a UK resident; which may be difficult to do if she has spent more time out of the UK than in.

When she has ILR she can, again, leave the UK and return as often as she likes. However, if she spends a continuous period of two years or more outside the UK her ILR will lapse and she will have to apply for the appropriate visa to return.

Once she has lived in the UK for long enough and has no time restriction on her stay, e.g. ILR, she can apply to be naturalised as British, both the UK and Thailand allow dual nationality. Once British she can, of course, leave the UK when and for as long as she wishes and return at any time; just like any other British citizen.

However, there is a residential qualification for naturalisation. If you are British, then as the spouse of a British citizen she must have been in the UK on the exact day three years prior to submitting the application and during the intervening three years have spent no more than a total of 270 days out of the UK, with a maximum of 90 days in the final year.

If you are not British, then the qualifying period for her naturalisation is 5 years, with no more than 450 days out of the UK during the last 5 years, and 90 days in the final year.

For how to apply for ILR, see Completing application form SET(M) and Knowledge of language and life in the UK.

For more on naturalisation, see How do I apply for naturalisation as a British citizen? and the appropriate links from there.

Obviously, whether she is using a Thai or a British passport, she will have to obtain any necessary visas before traveling. Having ILR in the UK does not exempt her from any visa requirements other countries impose on Thai nationals.

Remember, though, that if you are an EU citizen, e.g. British, then as the spouse of an EU citizen a Schengen visa to travel to most European countries is free and easy to obtain, provided she is traveling with or to join you; regardless of where she lives or her status in the UK.

NB.

The information posted above, and in the links provided, is the current situation. The rules and requirements are subject to change at any time by the government, so you should check the requirements and procedures for both ILR and naturalisation nearer the appropriate time.

7 by 7, thankyou for your detailed response, much appreciated.

I am grateful you told me about the shengan visa, much helpful.

My reasons for being on this visa page is this,

I am married to my thai wife,legally, she has been to england twice, i ,m almost certain we wouldnt have any problem with a settlement visa.But neither of us really wants to spend 3 years in the uk,so that travelling to other countries can be easy for us.

I have friends in australia we would like to see, is there an easy way we can visit them, we both have businesses in thailand. I.E we are both company directors.and my wife has 2 houses in her own name{ if this is any help}

[7by7]

I have no knowledge of the Australian visa rules. However, I doubt very much that her being resident in the UK rather than Thailand would change much; except, maybe, reducing or eliminating any concerns over her leaving Australia after the visit. Plus, of course, if she is resident in the UK, she applies to the Australian High Commission in the UK.

A question about Australian visas will probably go unnoticed in a topic about UK visas by those who can offer you useful advice. So if you have specific questions on that subject I suggest that you start a new topic.

As for settling in the UK; obviously there is no compulsion on you to do so. If you would rather live in Thailand, or elsewhere, and merely visit the UK from time to time then visit visas is the way to go. Remember that she can apply for longer than 6 months; up to 10 years. But; this does not mean she can spend 10 years in the UK as a visitor. The maximum per visit would still be 6 months and there is a convention that a visitor should not spend more than 6 months out of any 12 in the UK.

From what you have said; she is your wife, you live together in Thailand (correct?), she has visited the UK twice before, and presumably complied with all the conditions of her visas on those occasions, I can see no reason why a longer term visit visa would not be granted. Be warned, though, that the longer term asked for, the higher the fee and if the ECO issues a shorter period than asked for there will be no refund of the difference in fees.

See VAT1.4 Visa validity - What period for a multiple entry visit visa?

Having said all of that, if she wants a British passport, then she is going to have to satisfy the UK residency requirements detailed above; and the other criteria.

[wasas]

I have no knowledge of the Australian visa rules. However, I doubt very much that her being resident in the UK rather than Thailand would change much; except, maybe, reducing or eliminating any concerns over her leaving Australia after the visit. Plus, of course, if she is resident in the UK, she applies to the Australian High Commission in the UK.

A question about Australian visas will probably go unnoticed in a topic about UK visas by those who can offer you useful advice. So if you have specific questions on that subject I suggest that you start a new topic.

As for settling in the UK; obviously there is no compulsion on you to do so. If you would rather live in Thailand, or elsewhere, and merely visit the UK from time to time then visit visas is the way to go. Remember that she can apply for longer than 6 months; up to 10 years. But; this does not mean she can spend 10 years in the UK as a visitor. The maximum per visit would still be 6 months and there is a convention that a visitor should not spend more than 6 months out of any 12 in the UK.

From what you have said; she is your wife, you live together in Thailand (correct?), she has visited the UK twice before, and presumably complied with all the conditions of her visas on those occasions, I can see no reason why a longer term visit visa would not be granted. Be warned, though, that the longer term asked for, the higher the fee and if the ECO issues a shorter period than asked for there will be no refund of the difference in fees.

See VAT1.4 Visa validity - What period for a multiple entry visit visa?

Having said all of that, if she wants a British passport, then she is going to have to satisfy the UK residency requirements detailed above; and the other criteria.

thanks again for your help, yes we both live and work in thailand, but i,m trying to find easier ways to go travelling together