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Posted

Wondered if someone could be kind enough to simply breakdown what happens once the wife arrives in UK once we have received the approved settlement visa which was submitted before the 9th July 2012 regarding the future Visa.

What I have understood so far is

I need to help my wife

• set up bank account

• register for NI number

• register with local GP & dentist

• Add wife to council tax bill

• Register wife on electoral role

• Add wife's name to house hold bills

Can anyone advise on any other things to complete / focus on.

So once that is done what then happens. I understand the new rules have now been imposed which have changed things slightly.

So what do we do next and by when and how much does it cost ect.

Thank you in advance.

Posted (edited)

Hi,

My wife has been here 2 years now and we are currenlty waiting for her Indefinate Leave To Remain to come back and that is currently 991GBP. You have the right idea with getting a GP, NI number etc, and it pays to think ahead an prepare for the next step. First get her on the council tax bill you can then use this as address verification to open up a Bank Account, you then only need the passport as name verification, good idea to get a joint account too as this will help when going for ILR in 2 years. Get some utility bills in joint names too as you and save all the bills over the next two years as you will need to send off 6 items from 3 different companies showing both yours and your wifes name.

Also check out the requirments for the English requirments, the Life in the UK test and there maybe a further test from what I have read by then. To get the NI number just go on the direct.gov website, you can call before she comes to do that just say she cant speak English and they will take it from you, it can take a while to get it so if you do it before she arrives when they ask tell them she is here now, I did that and it was all in place for when she arrived and she didnt need an interview the card came through the post.

Have a good read on the UK border agency, everything you need is on there for the ILR, im not sure if the probationary period of 2 years has changed before you can apply ILR, again the UK Border Agency will have that info on.

Good luck, and all the best for future, when I look back now it all seemed to fall into place saying that I am very organised and kept on top of the Immigration rules and changes.

Andy

Edited by andyandythai
Posted

Hello Tom you seem to have everything covered ensure you have some of the important documents translated the marriage certificate is one such document.

Take her to your local college as they do various English courses etc.

The most important thing is to demonstrate the quickest route to the local Thai/Chinese supermarket biggrin.png

Guest jonzboy
Posted

Forget about the electoral role, your wife will not qualify until naturalised.

For the NI number, there is a hotline number to call which you will find on the direct.gov website. I did this for my wife. They will give you hassle over her intended job, forget this altogether, just tell them that your wife wishes to open a deposit account with a bank such as Nationwide, one giving higher interest, and that the bank requires a NI number. This was the sole reason my wife required her NI number and the lady dealing with my call accepted that some banks make this a requirement. After the call you will get a form arrive in the post a few days later. Fill in and send off copies of requested documents. Voila, takes about two weeks as I recall.

Posted

Remember that as your wife will be applying for her ILR after October 2013, an ESOL with citizenship course will no longer be acceptable for the language requirement.

She will need to have passed the LitUK test and achieved B1 of the CEFR, or better, in speaking and listening.

Unless her spoken and written English is at entry level 3 or better, she will require some study to bring it up to the standard required. So you should start looking for an ESOL course for her. Note, though, that some colleges/LEAs will charge her the higher overseas student fees until she has been living in the UK for 12 months.

The UKBA have yet to publish approved test providers for the B1, so watch this space.

Posted

Unless her spoken and written English is at entry level 3 or better, she will require some study to bring it up to the standard required. So you should start looking for an ESOL course for her. Note, though, that some colleges/LEAs will charge her the higher overseas student fees until she has been living in the UK for 12 months.

The UKBA have yet to publish approved test providers for the B1, so watch this space.

In the Uni where i will be studying for higher education in september , they said the rule has changed to be 3 years living in the uk before u can pay the same fee at the locals and british citizen who has been living abroad for 5 years will be paying the same fee at international students

Posted

7by7....Do you know if this will be the same applying for Citizenship after October 2013?

Thanks

Remember that as your wife will be applying for her ILR after October 2013, an ESOL with citizenship course will no longer be acceptable for the language requirement.

She will need to have passed the LitUK test and achieved B1 of the CEFR, or better, in speaking and listening.

Unless her spoken and written English is at entry level 3 or better, she will require some study to bring it up to the standard required. So you should start looking for an ESOL course for her. Note, though, that some colleges/LEAs will charge her the higher overseas student fees until she has been living in the UK for 12 months.

The UKBA have yet to publish approved test providers for the B1, so watch this space.

Posted

Citizenship can only be applied for two years after being granted ILR so now it is 7 years before citizenship can be applied for!

Everyone will have to pass the LitUK test anyway so ESOL will be irrelevant except to prepare people for the English test and LitUK test.

Posted

One requirement for citizenship is that the applicant has no time limit on their stay in the UK; for most this means ILR. To obtain ILR you need to have satisfied the knowledge of life and language in the UK (KOL) requirement.

Another requirement for citizenship is that you have satisfied KOL, but if you have already done so to obtain ILR you do not need to do so again.

Logic would dictate that if you obtained ILR pre October 2013 under the old rule then this should be enough for citizenship, and there is nothing in the various pronouncements that I can find to say otherwise.

  • Like 1
Posted

Citizenship can only be applied for two years after being granted ILR so now it is 7 years before citizenship can be applied for!

Have I missed something?

As far as I am aware, the requirement hasn't changed. That is spouses and civil partners of British citizens simply have to have ILR, or the equivalent, and been in the UK for at least 3 years, and others have to have held ILR, or the equivalent, for 1 year and been in the UK for at least 5 years.

Although as the qualifying time for ILR for those who applied for their settlement visa on or after 9th July is now 5 years, then yes, the qualifying time for citizenship has effectively also been increased.

Can you point me toward where this change is announced?

Posted

Unless the spouse or civil partner of a British citizen, in which case it doesn't matter how long you've held ILR.

We all make mistakes; as the Dalek said climbing of the dustbin. (Jasper Carrot circa 1974)

Posted

Still was not particularly concentrating!

With the present rules as the partner of someone settled in the UK to get citizenship requires ILR and to have been normally resident in the UK for at least three years.

Unless the heat is getting to me this suggests that under the new 5 year probationary period rules ILR and naturalization will be possible for partners of British citizens or someone settled in the UK at the same time or within quick succession!

I wonder if the rules will change again or whether they will introduce a joint ILR/naturalisation application - perhaps at a special discounted price!

Posted

When can you apply for a British passport. Do you have to apply for British citizenship first. My wife has been in the UK for nearly 3 years. She has ILR. So as i understand she can apply for citizenship after 3 years. would that be correct. she came to the UK 18th September 2009.

Posted

You can apply for a British passport anytime you like; but if you're not a British citizen the application will be refused!

So she will need to be naturalised as British first.

The two main qualifications for the spouse of a British citizen are

  • Free from immigration time restrictions; i.e. holds ILR or the equivalent
  • Was legally in the UK on the exact date three year prior to applying and during the last three years has spent no more than 270 days in total out of the UK with no more than 90 days in the final year.

For more, see British citizenship Basics.

Posted

Unless the spouse or civil partner of a British citizen, in which case it doesn't matter how long you've held ILR.

We all make mistakes; as the Dalek said climbing of the dustbin. (Jasper Carrot circa 1974)

Correct me if i'm wrong 7by7,but as I read the rules for Citizenship,prior to the new rules on the 9th of July 2012,an application for Citizenship can be made : after 3 years in the UK,assuming ILR has been granted,or has been applied for before the July new rules.

Posted

The rule changes effective from 9th July are changes to the immigration rules, not the rules governing naturalisation. There have been no changes there.

The main qualifications for naturalisation, if the spouse or civil partner of a British citizen, are as listed in my previous post.

Although, if you applied for your visa on or after 9th July and so entered the UK under the new rules the qualifying time for ILR will be 5 years, not 2 as under the old rules which apply to those who applied for their visa before 9th July.

This will, of course, effectively increase the qualifying time for citizenship as you must hold (not have applied for; hold) ILR or otherwise have no time restrictions on your stay in the UK. But only if you applied for your visa on or after 9th July 2012.

Posted

Does family visit visa's count towards the period of time spent in the UK to apply for ILR? my wife has previously spend 18 months inside the UK on visit visas over the last couple of years.

Also what can she not do on a settlement visa compared to ILR? I know she cant access to public funds but can she register wIth NHS, local dentist etc? work, study, opening bank account, NI number, obtain driving licence?

My wifes spouse visa expires 28/10/2014, how long before could she apply for ILR?

Posted

All counts mate, my wife had 2 back to back visits on a UK tourist visa (6 months and 5.5 months) with 2 week holiday in Thailand between them. Then she had 6 weeks back in Thailand whilst we submitted all the docs for her settlement visa. She has now been 'living' in the UK for 3 years.

Posted

The above post is incorrect.

Time spent in the UK as a visitor does not count toward the 24 month residential qualifying period for ILR. It can though, count toward the three year residential qualifying period for citizenship.

The 24 months will start when your wife first enters the UK with her spouse visa. You will notice that it is actually valid for 27 months. This is to allow people time to wind up their affairs and travel to the UK. Once she has been resident in the UK for 24 months, actually 28 days before this, she can apply for ILR; provided she meets all the other requirements, of course.

A person living in the UK with their initial settlement visa is barred from claiming most public funds; but as a UK resident they are allowed full access to all NHS services.

Your wife will not entitled to claim tax credits on her own, but she and you can make a joint claim; in fact married couples have to make a joint claim. There is some confusion over whether she could claim child benefit; but you certainly can.

She can also work, so obviously can obtain an NI number as she'll need one to work; she can study, though until she has been living in the UK for 12 months she may be charged overseas student fees; she can obtain a provisional GB driving licence, pass her tests and then obtain a full licence; etc.

Posted

The above post is incorrect.

Time spent in the UK as a visitor does not count toward the 24 month residential qualifying period for ILR. It can though, count toward the three year residential qualifying period for citizenship.

The 24 months will start when your wife first enters the UK with her spouse visa. You will notice that it is actually valid for 27 months. This is to allow people time to wind up their affairs and travel to the UK. Once she has been resident in the UK for 24 months, actually 28 days before this, she can apply for ILR; provided she meets all the other requirements, of course.

Many thanks

So if my wife stays in the UK for the next 23 months continuously she can apply for ILR in June 2014? also she will have 18 months visit stays in the UK bringing her total to around 3.5 years. Therefore could she apply for a british passport straight after receiving ILR?

Posted

Yes.

But she does not have to stay in the UK continuously during the residential qualifying period for ILR; she is allowed out for holidays etc.

There is no maximum time she is allowed out of the UK during the qualifying period for ILR, but will need to show that she is a UK resident when she applies for her ILR; difficult to do if she's spent more time in Thailand than the UK!

There is, though, a limit on time spent out of the UK during the qualifying period for citizenship. She must have been legally in the UK on the exact day 3 years before submitting her citizenship application and during the intervening three years have spent no more than 270 days in total out of the UK with no more than 90 days in the final year.

So, provided she can meet that then yes, she can apply for citizenship immediately she has received her ILR.

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