Help With Wife's Indefinite Leave To Remain Visa Uk

[rushdentillidie]

Just looking for confirmation before we submit the application.

My wife got her settlement visa back in Aug 2010, she has been in the UK since then. We have been back to Thailand a few times but not totalling more than 6 weeks overall. Her current visa is due to run out end of Nov so we are now looking to apply for the indefinite leave to remain via post.

We have downloaded the application form, but confused about a few things. Firstly am I correct in thinking that because her visa was issued in 2010 the old rules apply? Where by she can applied for IDL after 24 months in the UK. Also she's only needs the life in UK test, which she has passed. The application/visa we are looking at is SET(M) for spouse?

Because we where married in Thailand, and sent a copy of the marriage certificate to the embassy in BKK, do we need to submit a copy with our application?

We have seen the section about Biometric Residence Permit, my wife has never been issued with one of these or been sent a letter,does/should she have one? The only time that her finger-prints ect have been taken was in BKK when we first applied for the settlement visa, and when we have come back to the UK from holiday. The is the only thing that has me concern really about the process, have we missed something, as the only visa she has is printed in her passport?

Aside form the above, i think we have everything else in order. She has worked since she came to the UK so have pay slips, bank statements along with a UK driving licence to show for documents. But are there any other documents that we should send to help the application? Or any other ideas aside form the application that will help??

Sorry for all the questions, but we wont to make sure that we have everything correct first time.

I welcome any feedback any ideas, tank you in advanced

Regards

[7by7]

Yes, she applies under the old rules.

As she entered the UK as your spouse the UKBA now she is married to you so you do not need to submit your marriage certificate.

Biometric resident permits are new(ish) so it is not surprising that she doesn't have one. So for Q.1 of Section 6 she ticks 'No' and moves on to Q.7. She will be sent details of how to obtain her biometric permit. See Section 23 of the guidance notes.

Section 11 of the application form gives suggestions for the type of documents required to show you have been living together.

[rushdentillidie]

Thank you for the reply,

Just a few more questions if you would be so kind to help. The supporting documents which are sent with the application bank-statements, wages slips Ect. How many should we send for each person (i.e 3 months?) and should these be spread thought the last 2 year period.

Would somebody also be able to confirm how long my wife would have to be in the UK before she can apply for UK citizenship and passport. I have been told 3 years by some people and 5 by others Her Settlement visa was issued in 2010 should this have any impact?

Once again thank you for your help.

Regrads

[Chittychangchang]

If she is your spouse then she can apply as soon as she has her ILR. Takes a few months but hopefully she could have citizenship for Xmas or early New year.

[7by7]

Section 11 of form SET(M) tells you what documents to send.

Evidence of finances should cover at least the previous three months. Evidence of cohabitation should cover the entire two years.

Chittychangchang is completely wrong; she cannot apply as soon as she has ILR unless she also meets the residential requirements.

The requirements as a spouse or civil partner of a British citizen are that the applicant must be free from immigration time restrictions, i.e. hold ILR or the equivalent (how long they have held it doesn't matter), must have been legally present in the UK on the exact day 3 years prior to applying (the type of visa held at that time doesn't matter) and during the past 3 years have spent no more than 270 days out of the UK with no more than 90 days in the final year.

Note it's a minimum of 3 years for spouses and civil partners of British citizens, 5 years for all others.

See British Citizenship Basics for more.

[Chittychangchang]

Thanks for clarifying that.

If a spouse has been resident on FLR for over 3 years previously can they once they have ILR apply for citizenship or must they wait another 12 months?

Thanks

[7by7]

A spouse or civil partner of a British citizen who has ILR can apply as soon as the residential qualification outlined in my previous is met.

So if they have already met the 3 year qualifying period when granted ILR then they can apply immediately.

Those who applied under the new rules w.e.f. 9/7/12 will have to live in the UK for 5 years before they can apply for ILR. But the three year residential qualification for citizenship remains.

All others have to have held ILR for at least one year before they can apply.

[rushdentillidie]

Thank you for all your help, we have now sent off the application.

[thecatman]

If I could just hijack this tread for a quick question or 2...My wife's FLR began in May 2011. We went back to Thailand (together) for a couple of months...well, 58 days to be precise in Jan & Feb 2012 to visit family/holiday.

We don't plan on leaving UK again before applying for ILR.

Will the time spent outside of UK count against my wife when applying for ILR??

Is the a limit on the number of days you can spend outside UK on FLR with regards to then applying for ILR??

Thanks in advance.

[7by7]

There is no maximum number of days one can spend outside the UK whilst qualifying for ILR.

But, when applying she will need to show that she is resident in the UK for the full qualifying period, which may be difficult to do if more time has been spent out of the UK than in!

However, from what you have said I don't see a problem in your wife's case.

[Chittychangchang]

Sent our application today, will post the outcome.

[chogiekim]

Hi guys can anyone help. Mrs got her uk visa in June 2012,and then will do her uk life test before she applies for her ILR. Can she also use her ESOL certificate? I know the rules have changed lately and I did hear she might be able to use this. We also would like to move back to Thailand after she has got her ILR. What are the rules on this? I heard if you stay out for 2 years or more it can be taken away is this true? So what if we moved back and kept coming back for holidays,is that ok? Any help but be helpful. Thank you.

[7by7]

As your wife will be applying for ILR after October 2013 an ESOL with citizenship course is not sufficient.

She will need to pass the LitUK test and obtain level B1, or better, of the CEFR in English speaking and listening.

ILR will lapse if the holder spends a continuous period of two years or more outside the UK.

Even if it has not lapsed, if on using it to enter the UK it becomes apparant to an immigration officer that she is no longer resident in the UK then it will be cancelled; though she will be allowed in as a visitor on that occassion.

Better to stay living in the UK for another year after ILR and apply for British citizenship. Once she has that, and a British passport, she can come and go to and from the UK as often and for as long as she wishes; same as you.

See British Citizenship Basics.

[chogiekim]

Cheers for your help.

[chogiekim]

After we have applied for ILR and we have waited a year to apply for citizenship,how long does it take to get this and how long would it be to try and get a passport? Can she return to Thailand once she has citizenship? What does she show when leaving the country? Could we apply in bkk for a passport or do we need to be in the uk?

[7by7]

From the link given to you above.

This can be a lengthy process. The naturalisation application may take at least 3 months to be decided, possibly 6 or even longer. Once naturalised you may have to wait up to three months for a citizenship ceremony, though usually less, and then up to 6 weeks for a passport interview.

As all first time adult passport applicants may need to attend an identity interview her first application for a British passport will need to be made in the UK. Subsequent renewals can, of course, be made in Thailand or anywhere.

Of course she can return to Thailand once she has British citizenship! Why would this not be the case?

Standard procedure for dual nationals is:

UK to Thailand:

Show Thai passport to airline check in so they know you don't need a Thai visa.

Show British passport to UK immigration if required.

Show Thai passport to Thai immigration on arrival.

Thailand to UK

Show British passport to airline check in so they know you don't need a UK visa.

Show Thai passport to Thai immigration.

Show British passport to UK immigration on arrival.

Edited March 7, 2013 by 7by7

[chogiekim]

Ok cheers for your help. All clear now!

[bobrussell]

Most naturalisation decisions are made more rapidly than settlement visas. Generally for straight forward ones it tends to be a couple of months. Some people clearly have a longer wait than others.

We used the Nationality Checking Service offered by the local county council. I am not sure if this speeds the process particularly but they check all the documentation thoroughly so it is unlikely that there would be delays because of paperwork. It also means key documents such as birth certificates and passports remain in your possession!

[chogiekim]

I have another point to make. My wife got the normal 27 month visa in June 2012. What if she does the UK life test and passes but goes back to Thailand. If she goes back and later on decides to move back again to settle,is there a way of an extension on her visa? Or does she have to do the whole process again from the start? Basically she has been offered a top top job and it will be hard for her to turn it down. The economy is not great here and we know the next few years until she gets a passport will be a tough and expensive time. Just thinking if later on things pick up again we might move back. I know we did all the hard work in the first place to get here and have only been here nearly a year,but being offered a job which will be very well paid is hard to turn down. What are our options if we wanted to come back?

[7by7]

If she leaves the UK for an extended period but returns before her initial settlement visa expires she will be allowed in as she will have a valid visa.

However, to qualify for ILR she will need to show that she has been a UK resident for the entire residential qualifying period; 24 months in her case.

Obviously short periods away for holidays etc. are allowable, but an extended period whilst she works abroad? Doubtful. I suspect that any ILR application in those circumstances would be refused; though I believe she could apply for FLR instead in order to meet the residential requirement and then apply for ILR once she has done so.

If she is still outside the UK when her initial visa expires then she will need to start the whole process all over again; under the new rules which came into effect for applications made after 9th July 2012.

A LitUK test pass is valid for life; but remember that from October this year she will also need a B1 of the CEFR pass in speaking and listening.

Edited March 28, 2013 by 7by7

[chogiekim]

Thanks for your help. If she applied for FLR she has to do this in the Uk? And before the 24 months is up right? How long is the FLR for? Some Thai girls here in my town,have said they have never done the UK test,they have been here for quite a few years now. they say they just keep extending their settlement visa before it runs out. I take it this was also an old rule for them to do that.

[7by7]

FLR (further leave to remain) can only be applied for in the UK (you cannot apply to remain in the UK if you are not already in the UK!). She can do so when her current visa is about to expire if she, for whatever reason, does not meet all of the requirements for ILR. She must hold a valid visa or leave to remain when she applies.

As she originally entered the UK under the old settlement rules, any FLR will be valid for 24 months.

Remember, though, that if her visa or leave to remain expires while she is out of the UK she will not be allowed back in unless she first obtains the appropriate visa.

At present there is no limit on the number of times someone can apply for FLR, but the government has hinted that they are looking to change this in order to stop abuses such as the one you mention..

I cannot understand why someone would apply for FLR every two years rather than study to meet the language requirement for ILR. Paying a fee of, currently, £561 (£867 if applying in person), which increases annually above inflation, every two years seems ridiculous. Surely an English course must be cheaper!

Edited March 28, 2013 by 7by7

[chogiekim]

Basically we thought we would come back to the Uk and try to live here as a family. We both had good jobs in Thailand,and because my daughter is nearly 3 thought maybe put her into school in the Uk and try to give her a good start. We both have now been offered jobs in Thailand,my wife was in charge of 100 foreign teachers at a school,and has now been offered a better job and more money to go back. Talking very good money for a Thai. So being in th Uk,she has gone from the top to an average job in my town. I also have been away from the Uk for a long time and now finding it hard to settle and find work here. Comparing between the 2 countries I think we are better off in Thailand. We just wanted to know our options on trying to keep the visa,we worked hard to get it Just wanted to find a way of maybe coming back later on.

[chogiekim]

And if we did go back it would have to be at the end of this year,for her to start her new position if she takes it.

[7by7]

If she has an initial settlement visa or FLR and is out of the UK when this expires she will need to obtain the appropriate visa in order to enter the UK again.

If she has ILR, this is indefinite and so cannot expire as such. However, it will lapse if she spends a continuous period of 2 years or more outside the UK. Furthermore, if it became apparent to an Immigration Officer at her port of entry that she was not living in the UK but just using her ILR for visits then the IO would cancel her ILR; although she would be allowed in as a visitor on that occasion.

If she is outside the UK and does not hold a valid visa or Leave to Enter/Remain then she will need to obtain one before being allowed into the UK; even though she has previously lived here.

As your plans seem to be to leave the UK before she is eligible for ILR and remain in Thailand for a considerable period, then I'm afraid you'll have to write off this settlement visa and start again when/if you decide to live in the UK again.

There is, of course, no reason why she should not obtain visit visas should you wish to visit the UK in the meantime.

If she were naturalised as British then, like any other British citizen, she could leave the UK as often and for as long as she liked and always be allowed back in; no visa required, of course. But to be naturalised she would need, among other requirements, to hold ILR and have been in the UK on the exact day 3 years prior to applying and during the intervening three years have spent no more than 270 days out of the UK with no more than 90 days in the final year.

[chogiekim]

Thanks for your help! I'm sure we will make the right decision.