Tb Test In England..Settlement Visa

[Kadafi]

Hi my wife will return to bangkok on 6th July and wants to submit her settlement visa on 7th July (just before 9th July deadline). Can she get a TB test certificate in UK which will be excepted in her application or does the TB test have to be taken in Bangkok?

She currently has a TB test certificate issued in bangkok but it will be 7 months old by the time she submits her application, i believe they are only valid and can be used within 6 months?

[7by7]

The certificate is only valid for 6 months.

To apply in Thailand she must have a certificate from the IoM in Bangkok.

See Tuberculosis testing in Thailand

[Kadafi]

Thanks 7b7.

My wife is booked for flight back to thailand on friday 6th June, meaning the earliest she could submit her settlement application is the 9th July!! dam_n same day as the new rules come into effect!!

We have been together over 4.5 years with the last 2 years living together in england with our 3 year old son. Im thinking about paying an extra couple of hundred pounds to change her flight so she can submit her application before the 9th. I believe she would receive a 5 year probation period on her settlement if applied after the 9th, if she applies before it is possible they may grant ILR straight away?

[Jared]

My wife done her TB last week, If you time it right it can be done in half a day. We booked it the day before and were lucky to get a cancellation. We got there first thing in the morning, 8.30 am. Then went straight to the Hospital and got the XRay. Were back at the IOM by 11 and then all finished by 12. Might be worth seeing if you can get her booked in for another test.

[Kadafi]

My wife done her TB last week, If you time it right it can be done in half a day. We booked it the day before and were lucky to get a cancellation. We got there first thing in the morning, 8.30 am. Then went straight to the Hospital and got the XRay. Were back at the IOM by 11 and then all finished by 12. Might be worth seeing if you can get her booked in for another test.

Thanks for your reply, my wife arrives in thailand on saturday 7th July at 05.00am, I believe she can pay a 1500 fee and submit her application on a saturday but i dont think she can obtain a tb certificate other than monday-friday?

[7by7]

My wife is booked for flight back to thailand on friday 6th June

From your subsequent post I assume this should read 6th July.

If she can submit her application on or before the 8th July then it will be assessed under the old rules. Otherwise it will come under the new ones, assuming they get Parliamentary approval.

She could make her appointment for her TB test now so she does it immediately she returns. I don't know if they are open at the week-ends, but you can ask when making the appointment.

My wife done her TB last week, If you time it right it can be done in half a day.

Assuming the Xray is negative. If it shows signs that she may be positive then she will be required to undertake sputum tests over three consecutive days.

if she applies before (9th July) it is possible they may grant ILR straight away?

Only if she had already satisfied the Knowledge of Life and Language in the UK requirement while she's been in the UK.

Remember that she will also need to show in her application that she has satisfied the English speaking and listening requirement. This can be done in the UK; has she done so?

[Kadafi]

My wife is booked for flight back to thailand on friday 6th June

From your subsequent post I assume this should read 6th July.

If she can submit her application on or before the 8th July then it will be assessed under the old rules. Otherwise it will come under the new ones, assuming they get Parliamentary approval.

She could make her appointment for her TB test now so she does it immediately she returns. I don't know if they are open at the week-ends, but you can ask when making the appointment.

My wife done her TB last week, If you time it right it can be done in half a day.

Assuming the Xray is negative. If it shows signs that she may be positive then she will be required to undertake sputum tests over three consecutive days.

if she applies before (9th July) it is possible they may grant ILR straight away?

Only if she had already satisfied the Knowledge of Life and Language in the UK requirement while she's been in the UK.

Remember that she will also need to show in her application that she has satisfied the English speaking and listening requirement. This can be done in the UK; has she done so?

yes sorry i did mean 6th July. I will email and ask regarding if the iom are open on a saturday, if not it means i might have to change her flight.

My wife has passed the life in the uk test, is this enough for IRL?

[7by7]

If she gets her application in before the 9th July and meets all the other requirements as well, yes. BTW, it's Indefinite Leave to Enter, not Remain, if it is granted outside the UK. If she doesn't meet all the requirements for ILE she'll be granted a standard 27 month spouse visa.

BUT

There is confusion over whether or not the LitUK satisfies the A1 speaking and listening requirement for her visa application; because the LitUK test does not contain speaking and listening. Previous attempts to get a definitive answer on this point from the UKBA have proved fruitless.

Has she done an A1 (or equivalent) speaking and listening test as well? If not, unless she wants to be our guinea pig and risk refusal, I'd suggest trying to get her one before she leaves the UK as she wont have time to do it in Thailand before the 9th July.

List of approved providers

[Kadafi]

If she gets her application in before the 9th July and meets all the other requirements as well, yes. BTW, it's Indefinite Leave to Enter, not Remain, if it is granted outside the UK. If she doesn't meet all the requirements for ILE she'll be granted a standard 27 month spouse visa.

BUT

There is confusion over whether or not the LitUK satisfies the A1 speaking and listening requirement for her visa application; because the LitUK test does not contain speaking and listening. Previous attempts to get a definitive answer on this point from the UKBA have proved fruitless.

Has she done an A1 (or equivalent) speaking and listening test as well? If not, unless she wants to be our guinea pig and risk refusal, I'd suggest trying to get her one before she leaves the UK as she wont have time to do it in Thailand before the 9th July.

List of approved providers

She has not done an A1 speaking and listening test, i believed her life in the uk test was enough. This is what is says on her pass certificate issued last week:

Following your test today in the knowledge of life in the united kingdom this is to certify that you have reached the level required for the purpose of obtaining indefinite leave to remain under the immigration rules or for naturalisation as a british citizen under section 6 of the british nationality act 1981. Your success at this test also demonstrates that your level of competence in english meets the required standard for naturalisation or indefinite leave to remain. No further proof of this is needed.

Is there a different form and fee for requesting ILE? or does she just apply for a settlement and they decide weather to grant 27 months or ILE? im a little confused.

ukba website

How do I demonstrate my knowledge of language and life in the UK?

If you are not exempt from the KOL requirement, you must demonstrate a good knowledge of language and life in the UK before you apply for settlement. Most applicants will need to do this by:

• passing the 'Life in the UK' test, if they speak English to a reasonable standard, or if they are currently in the UK as skilled or highly skilled migrants; or
  
• taking and passing a course in English and citizenship, if they do not speak English.
  

Edited June 18, 2012 by Kadafi

[7by7]

She applies for settlement as a spouse using from VAF4A; remember that it must be completed online and then she needs to make an appointment to submit the printed out and signed form and her supporting documents as well as having her biometrics taken.

If she satisfies all the requirements for ILE this is what she will be granted; otherwise she will be granted the standard 27 month spouse visa.

But only if she submits the application before the 9th, after that ILE will no longer be an option.

Spouse and partner settlement visa applications must be accompanied by a certificate from an approved provider to show that the applicant has reached a minimum level (A1 of the CEFR or equivelent) of English speaking and listening. What we do not know, and have been unable to find out, is whether or not the LitUK test satisfies this. My feeling is not, as it does not include speaking and listening;. Also, she is not applying for ILR, she is applying for entry as a spouse.

Although I feel that it should as the standard is much higher and if one can read and write well enough to pass the test then it follows that one can speak and and listen to that standard or better!

All I can suggest is that you contact the UKBA (0870 606 7766) tomorrow to find out, but when I did so before their answers were waffle and meaningless!

If they say that it is, get it in writing so you can submit that with her application.

Edited June 18, 2012 by 7by7

[Kadafi]

She applies for settlement as a spouse using from VAF4A; remember that it must be completed online and then she needs to make an appointment to submit the printed out and signed form and her supporting documents as well as having her biometrics taken.

If she satisfies all the requirements for ILE this is what she will be granted; otherwise she will be granted the standard 27 month spouse visa.

But only if she submits the application before the 9th, after that ILE will no longer be an option.

Spouse and partner settlement visa applications must be accompanied by a certificate from an approved provider to show that the applicant has reached a minimum level (A1 of the CEFR or equivelent) of English speaking and listening. What we do not know, and have been unable to find out, is whether or not the LitUK test satisfies this. My feeling is not, as it does not include speaking and listening;. Also, she is not applying for ILR, she is applying for entry as a spouse.

Although I feel that it should as the standard is much higher and if one can read and write well enough to pass the test then it follows that one can speak and and listen to that standard or better!

All I can suggest is that you contact the UKBA (0870 606 7766) tomorrow to find out, but when I did so before their answers were waffle and meaningless!

If they say that it is, get it in writing so you can submit that with her application.

Thanks, she has submitted the application online and we will booked the date once we have changed her flight date. Will she have her biometrics taken on the same day as submitting her application?

I will call the ukba tomorrow and also try to send them an email, however the previous email i have sent them they did not respond.

[hotwinter]

personally id just change her flight so she has plenty of time to get things done

Edited June 19, 2012 by hotwinter

[bobrussell]

Possibly not relevant but you say she has been living in the UK for the last two years. What is her visa status at the moment? If she is on some form of discretionary or temporary leave to remain it may be possible to apply for some form of further leave to remain in the UK before the rules change.

[7by7]

From the OP's past posts it appears that she entered the UK as a visitor and was granted exceptional leave to remain due to their child's illness.

This means she cannot switch to settlement in the UK.

[Kadafi]

From the OP's past posts it appears that she entered the UK as a visitor and was granted exceptional leave to remain due to their child's illness.

This means she cannot switch to settlement in the UK.

yes she must return to thailand to apply for settlement. My wife has spent 18 months in the uk over the last 2 years (time out due to visa reasons) and we have been together since december 2007. Could this entitle her to ILE if she applied before the deadline? also if she applies after the deadline, would that mean the only option is to receive a 5 year probation period visa? meaning we would have been together 9.5 years before she could get ILR.

Reason is, it would cost 365 pounds to move her flight forward a few days which is alot of money so just trying to decide weather i should do or not. The other parts of the new visa rules should not effect us much as i earn more than the 18,600 figure.

[7by7]

If she submits her application before 9th July then it will come under the old rules, but I'm afraid that she would not be eligible for ILE as for that you need to have been living together outside the UK for the last 4 years.

Did you get an answer from the UKBA about the English test?

[Kadafi]

If she submits her application before 9th July then it will come under the old rules, but I'm afraid that she would not be eligible for ILE as for that you need to have been living together outside the UK for the last 4 years.

Did you get an answer from the UKBA about the English test?

I have changed her flight so she will now be submitting her visa application the week before the deadline

I spoke to the ukba on the phone today (no response via email as yet), the guy on the phone said he was 100% certain that she only needs to pass the life in the uk test and no further english test is required.

Edited June 20, 2012 by Kadafi

[7by7]

I hope that you got his name. Put in the application that this is what you were told. Include her LitUK certificate, of course.

She will probably find that VFS try and refuse to forward the application without a speaking and listening certificate, but if she insists then they must do so.

[Kadafi]

I hope that you got his name. Put in the application that this is what you were told. Include her LitUK certificate, of course.

She will probably find that VFS try and refuse to forward the application without a speaking and listening certificate, but if she insists then they must do so.

Thanks, we will do this.

Should we put in the application that my wife is seeking ILE or should we not mention it as that will be up to the ukba to decide and therefore make no difference in there decision. As far as my knowledge, my wife could meet the requirements apart from the living together 4 years outside the uk. Being together 4 years and 8 months but that time has been shared between the uk and thailand. It would seem unfair if a couple applied exactly 4 years into there relationship who had been living abroad and was granted ILE, though another couple lived abroad for 3.5 years and in england 1.5 years was turned down for that reason even though they had been together for 5 years.

[7by7]

She doesn't apply for ILE, she doesn't apply for a spouse visa. She applies for settlement.

If she meets the requirements for ILE than this is what she will be granted; if not then she will be granted a 27 month spouse visa, assuming she meets the requirements for that.

The main requirement for ILE, whether as a spouse, civil partner or unmarried partner, is that the couple have been living together as a couple (not been together; living together) outside the UK for at least the previous 4 years.

Not 4 years in total or 4 out of the last 5 or other combinations; but the previous 4 years continuously. Obviously time in the UK as a visitor during this period is allowable, but I doubt that living in the UK for 18 out of the last 24 months would be.

But I doubted that she would get her visit visa extended.

[Kadafi]

She doesn't apply for ILE, she doesn't apply for a spouse visa. She applies for settlement.

If she meets the requirements for ILE than this is what she will be granted; if not then she will be granted a 27 month spouse visa, assuming she meets the requirements for that.

The main requirement for ILE, whether as a spouse, civil partner or unmarried partner, is that the couple have been living together as a couple (not been together; living together) outside the UK for at least the previous 4 years.

Not 4 years in total or 4 out of the last 5 or other combinations; but the previous 4 years continuously. Obviously time in the UK as a visitor during this period is allowable, but I doubt that living in the UK for 18 out of the last 24 months would be.

But I doubted that she would get her visit visa extended.

Thanks 7by7, well seems like she wont hold much hope then as she did have the 6 months outside the country.

We both would be happy to get the 27 months, much better than the 5 years which will come into effect a couple days after she applies.

I will inform of the outcome and how long it took to receive her visa on the other thread, she plans to submit for settlement on july 5th.