Settlement Visa After Indefinite Leave To Remain - What'S The Qualifying Period?

[Skorz]

Hi there,

Totally confused with wife's UK settlement visa application.

We live in the UK. Wife has had indefinite leave to remain since August 2011. prior to this she had a spouse visa from October 2009 (she had to return to BKK to get this), prior to this she had 3 month tourist visa (when we first arrived back in the UK).

I've tried phoning immigration countless times - it seems now that they are no longer taking calls and refer you instead to their website, which typically for a governmental information source is vague and extremely open to interpretation.

my question is simply when can she apply for her settlement visa, safe in the knowledge that she has met the requirements of the so called (and very poorly defined) 'qualifying period'?. Not that it makes much difference, but we have also had three kids together who all have British passports and have been married 7 (long) years.

Thanks

[blades1889]

Alright pal,

Bit confused, if you already have ILR why would you want to apply for Settlement visa? we applied for the Settlement visa after we married in Thailand, then after 23 months applied for the ILR.

You apply for the Settlement visa before the ILR, but you state you already have ILR.

Lee

[Eff1n2ret]

If you mean naturalisation as a British citizen, the 'qualifying period' is set out quite clearly on this page under 'Residential Requirements':-

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

That doesn't seem anything like as 'poorly defined' as your confusing post.

[7by7]

Indeed, if she has ILR then she does not need any other visas for the UK.

(Unless she has lived out of the UK for a continuous period of 2 years or more and her ILR has lapsed. But that's not the case as she lives in the UK and obtained ILR last year.)

If you mean citizenship then the residential qualifying period for citizenship is very clearly defined, as Eff1n2ret says.

If you do mean citizenship, then you may find British Citizenship Basics helpful.

Why 'so called'?

[ThaiVisaExpress]

can you please reply to the post if you require further advice.

[thaiscouse]

Going off topic a bit here but does anybody know if the 2 year qualifying period for ILR has to be continuous? been in the UK for nearly a year now but the wife wants to go home for a month, just want to double check before she goes.

Im sure this has been asked before just cant seem to find anything on it.

[bobrussell]

Going off topic a bit here but does anybody know if the 2 year qualifying period for ILR has to be continuous? been in the UK for nearly a year now but the wife wants to go home for a month, just want to double check before she goes.

Im sure this has been asked before just cant seem to find anything on it.

The rules state that it is not a requirement for the applicant to have been continuously in the UK for the full two years. Periods of absence will be 'judged on their merits'. Holidays and periods spent out of the UK for work are not generally counted but should be explained in a covering letter. Prolonged absences suggesting the applicant has not been truly resident in the UK would be a problem. A month should have no bearing on the application for ILR.

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement/

It can have implications for citizenship so for safety sake it is probably better to add significant periods away (other than holidays) to make up three years from arriving in the UK before applying for citizenship! As there is no expiry to ILR you can apply for citizenship at any stage once you have been present in the UK for three years.

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

Edited May 30, 2012 by bobrussell