Tourist Visa Whilst Waiting For A Settlement Visa? (Uk)

[Jared]

Were now waiting to hear back on my wifes settlement visa. She should get an indefinate leave to enter settlement visa because weve lived abroad together for over the four years required. What should our next steps be once we are back in the UK. Get her to the 'life in Britain test' and then she gets an indefinate leave to remain visa? Does she still have to be in the UK for 3 more years before she can apply for citizenship?

Thanks

[7by7]

If she is granted ILE subject to KOL (the visa will say "Settlement, KOL Req") then she can apply for ILR as soon as she has satisfied KOL.

How long you have lived together outside the UK has no bearing on the residential requirement for British citizenship.

She must have been in the UK on the exact day three years prior to applying and during the three years prior to the application have spent no more than 270 days out of the UK with no more than 90 days in the final year.

[7by7]

can other documents be submitted in thai too do you think guys? how about chanotes or birth certificates???

............. the Embassy still accept documents in Thai. We were given a verbal assurance by the Embassy that, if and when they stop accepting documents in Thai, then they will inform us. Paul at Thai Visa Express received the same assurance from the Embassy on this.

[Jared]

Thanks 7by7

Once my wife has the ILR what happens if my work takes me abroad?

I understand that she will have to be in the UK for the 3 years to get her British Passport, not a problem.

Lets say at the end of the year i get a job in the states and move my family with me. Will she have any problems returning to the UK in the future?

[7by7]

ILR will lapse if the holder is non resident in the UK for a continuous period of 2 years or more. So if this is the case she would then need the appropriate visa to return, i.e. if returning to live she would need to start the whole settlement process all over again.

If living abroad she can use her ILR to enter the UK for visits; but if an Immigration Officer suspects that this is what she is doing then her ILR could be canceled there and then; although she would be allowed in as a visitor on that occasion.

[Jared]

Thanks for all the help on this guys. My wife passed the life in the UK test last month and I want to apply for her ILR.

Because we applied for the initial visa before the 9th of July will we still be under the old rules?

Has anyone recently done this in the UK?

[7by7]

Yes, as she applied before 9th July 2012 she comes under the old rules. So assuming she was granted ILE subject to KOL as she has now satisfied KOL she can apply for ILR.

Edited February 26, 2013 by 7by7

[quadisking]

I believe that you need to have been married for at least 4 years for your wife to qualify for ILE, and that living together previously does not count. Not sure if this applies to you, but I was living with my wife in Thailand for more than 4 years, but because we had only been married for 3 years and 9 months they refused to issue her ILE on those grounds.

[Jared]

Thanks quadisking, we had been married for over 5 years in Thailand so we can go straight for it.

Thanks 7by7, Im getting a bit confused by it all at the minute. My wifes visa in her passport says, 'Visa Settlement Spouse/CP(Kol Req) J P Williams' with a validity of two years.

I was under the impression that once she passed the test we would have to send off her passport and KOL certificate and she would be given the new visa.

Do we have to apply for a complete new visa? New docs, new evidence, new fee's etc

Her visa doesnt say she has ILE or ILR, Just a Visa Settlement.

Ive looked on the Uk Border Agency website and I cant find the correct forms to fill in, it all seems like its for the new rules.

They do have a section called - Settleing in the UK - Find the right forms - Family Categories - Partner of a permanent UK resident - Form SET(M)

Then it says that 'If you have lived here for at least 2 years, you can apply using form SET (M).

Weve only been here 5 months.

Any help from anyone who has done this recently would be great.

[7by7]

When the UKBA say 'Settlement' they mean ILR or the equivalent.

The (should be 27 months, I thought) validity of her current visa is the time she has in which to enter the UK, satisfy KOL and apply for ILR.

As far as i am aware, she does apply using Form SET(M)

Read the guidance carefully as not all parts will apply to your wife. You may also want to consider using the settlement checking service, if available in your area.

[Jared]

Thanks 7by7, Your correct it is 27 months.

Ive read a lot more and found out most of the information.

The one thing im stuck on is that it says you cannot apply for ILR until around 30 days before your visa is due to run out.

Is this the case with my wifes or can we apply anytime?

Im worried about this because there seems to be a limit on the length that your 'life in the UK' stays on there system.

[7by7]

The earliest those who have to satisfy a residential requirement for ILR can apply is 28 days before the date they satisfy that requirement.

Your wife does not have to satisfy a residential requirement, all she had to do is satisfy KOL; which she has now done.

So she can now apply.

[Jared]

Thanks 7by7, you really have been a great help.

Ive found a local checking serice so im going to use those.

ive already messed up my wifes original visa app and her life in the uk test twice.

[bobrussell]

I would always recommend using the settlement checking service. They cannot advise on preparing the application but can suggest putting the brakes on if you have made mistakes!

My wife and daughter used the local Hampshire one and they were very thorough indeed to make sure the paperwork was in order. It also means you get the very important documents such as passports and birth certificates back.

We had a mad panic a couple of hours before our appointment because we did not have a translation of daughters birth certificate! I have never done a DIY translation before but I have done now!!

[Jared]

I think Ive messed up again. I still havent applied for my wifes visa and by delaying it I think ive given her an extra test to do.

The main reason I didnt apply for the visa after she originally completed the life in the uk test was that we didnt have all the paper work.

We didnt have enough letters at the same address in single or joint names because we were staying with family at the time.

I had two weeks off over Christmas and I decided to sort out all of the paper work and apply for her visa.

It looks like theyve added an extra English test. My wife did take this test when she applied for the visa but only got the b1 in the English - Reading and listening.

In the Writing and Speaking tests she only got an A2-High. These were Bulats tests.

Does she need to retake the writing and speaking tests before she can now apply?

[7by7]

Yes, she now needs the LitUK test and at least B1, or the equivalent, in speaking and listening.

She doesn't need B1 in reading and writing as the LitUK test covers those elements.

So she only needs speaking. Though I suspect that taking speaking alone my be difficult and she'll actually have to take both speaking and listening.

[Jared]

Ok thanks, ill get her booked in on another Bulats test, they have them in the Uk also.

Shes going to kill me when she finds out!

[7by7]

Doesn't have to be BULATS, which is more business orientated; any provider off this list will do.

Probably best not to tell her that had she applied before 28/10/13 then her LitUK test alone would have sufficed!

However, she will need B1 in speaking and listening if she applies for naturalisation as British when qualified; so, assuming she is going to do so, she would have had to take it anyway.

[Jared]

Thanks 7by7

The fact that she would of had to redo it anyway for naturlisation will certainly soften the blow.

Thanks for the list, we might try a different provider.

[Jared]

Here's a quick update on this one. We applied for my wife's 'indefinite leave to remain' via our local checking service back at the beginning of October. She already redone her English tests and passed that fine and we finally had all the documents in order. A couple of weeks later we received a conformation letter and were told to go and do her biometrics at a post office. All of that was done and we were told we would have the visa back within 6 months. Its been over six months and still no word so I called them today and they would not let me know anything other than to write a letter to find out what the problem is. Stressful process but hopefully we get there in end!

[7by7]

Doesn't have to be BULATS, which is more business orientated; any provider off this list will do.

Probably best not to tell her that had she applied before 28/10/13 then her LitUK test alone would have sufficed!

However, she will need B1 in speaking and listening if she applies for naturalisation as British when qualified; so, assuming she is going to do so, she would have had to take it anyway.

Thanks 7by7

The fact that she would of had to redo it anyway for naturlisation will certainly soften the blow.

Thanks for the list, we might try a different provider.

Unfortunately, that list is now out of date! Unless she took the test before 5/4/15 and applies before 5/11/15.

This is the new list.

Her LitUK test, though, is still valid for a naturalisation application.

[Jared]

She done the test back in August last year and then as soon as we got the paper work we applied for her ILM.

So are you saying that if her qualification and provider are not on that list she will have to do another English test if she applies for naturalisation after 5/11/15?

Providing she gets her visa back before September (Been waiting 6 months already) She should be alright.

[Jared]

I've just seen the collage has actually closed down. She took the PET exam at the London Crest Open centre in Edgeware.

I wonder if this could be the reason for her visa delay.

[7by7]

So are you saying that if her qualification and provider are not on that list she will have to do another English test if she applies for naturalisation after 5/11/15?

Afraid so.

I assume PET is a typo and you mean PTE, Pearson Test of English, who were on the old list.

It is the test provider which is important, not the actual physical college where she sat the test.

If UKVI wish to check her score they would do so direct with Pearson via their online system, not the college.

So even though that college has since closed, that should be no reason for any delay.

[Jared]

Cambridge English: Preliminary (PET) was the test she took, its just a pass or fail at B1 level.

[Jared]

Wife's confirmation letter turned up today After calling the home office about our application they told me to write a letter. A couple of days later I was sent a reply back asking for 3 recent bank statements from my wife, myself and my latest company accounts. Sent those straight back and got the confirmation today. I think the problem was that I'm set up as a limited company and my wife and I both take a salary and then I take out all the profit as dividends. It a pretty common set up these days instead of being self employed.

Next step is British Citizenship!

[Jared]

Next week my wife would have been in the UK for 3 year. We are going to use a local council checking service for her 'Naturalisation as a British citizen'

I've gone through all of the note books that help with the application and there are a few parts that mention that ILR must have been held for 12 months before you can apply.

I was under the impression that she could apply for her ILR at anytime after doing her tests and then at the 3 year point she could apply for citizenship regardless of how long she has held her ILR?

Thanks Jared

[7by7]

The standard requirement is a minimum of 5 years residence and held ILR, or the equivalent, for at least 1 year.

However, for the spouse or civil partner of a British citizen it is a minimum of 3 years residence and holds ILR or the equivalent.

So provided your wife has lived in the UK for at least three years, and meets the other requirements, she can apply as soon as she has ILR.

See British citizenship basics for more details.