Uk Citizenship For Thai Wife

[japatee]

Hi

I am a British citizen and my Thai wife and I want to return to the UK. The aim is to get citizenship and a UK passport for my wife.

I have read that we need to reside in the UK for 3 years before we can apply and the take the tests.

What is less clear is what visa we (she) should apply for so that she can stay in the uk for those initial 3 years? Is this a residency visa? And is there a test that she needs to take to get that? And what is the cost for it?

I know the rules have changed recently, so I was hoping that someone who knows the procedure might be able to advise.

Some other questions:

My wife has a 10 year C-visit multiple entry visa that we have used several times already.. Can she use this to go to the uk first and apply from there, or should we apply from THailand?

Can she work for those initial 3 years? I guess this depends on the visa she gets but I'm not clear on what visa we should be applying for for this initial period.

Any help would be most welcomed

Thanks

[twinpin]

Best you look at the Uk Border Agency web site all the info you need is there.

She will have to make the visa application at VFS Bangkok Thailand

Initially for FLR ( further leave to remain ) You will be required to show that you meet the income and accommodation requirements.

She will also have to pass a very basic english test and have a TB certificate to submit with her application.

If she gets the Visa FLR And a Nat insurance Number ( easy to get when she arrives ) she will be allowed to work.

The first FLR Visa is valid for 33 months after 30 months in the UK she will then have to obtain another Valid for 30 months

Only after she has been in the UK for 5 years can she apply for ILR ( indefinite leave to remain ) She will need to have passed LIUK ( life in the Uk test ) to obtain ILR.

Only when she has no restrictions on her visa IE. ILR can she apply for Citizenship. So looks like it's 5 years now not 3.

Note you will have to pay the fee applicable at the time for each and every stage.

[japatee]

Thanks for the quick reply above

It does say on the uk boarder agency site that only 3 years is required for a spouse of a British citizen, but I did also read that 5 years are required elsewhere, so wasn't really clear about that.

So FLR is the first step. Thanks for the clarification. I read she can take an English test for this while in Thailand.

If it is only 3years, then 33 months wouldn't be enough anyway and so she would have to apply for another extension I guess.

Cheers

[twinpin]

That was the old rules, Before the goal post was moved you had to have been in the UK for 3 years and hold ILR.

Pass at LIUK Or made progress at ESOL ( English for speakers of other languages ) was a requirement to get ILR

Not sure if the ESOL route is still available anymore

The first FLR visa gives you 3 months more to give you time to get to the UK.

You are allowed to visit Thailand but there are time restrictions. Be careful not to spend too much time away from the UK

Once she has ILR She can apply for Citizenship

Lots of Info on here regarding the basic English test. Can be taken in the UK or Thailand has far as I know. Maybe cheaper in Thailand

[Richard W]

For details, see UK Settlement Visa Basics. Read on here if you are in a hurry. (I hadn't seen the other replies when I initially wrote this.)

Your wife needs a settlement visa, which must be applied for from outside the UK. There are tests to be taken before she can be granted the visa. Once in the UK she will be able to work. Naturalisation is intended for those intending to reside in the UK, even if British nationality is most useful for allowing one to leave the UK for a few years and freely return. I have heard that it can be denied if there is no intention to remain in the UK, though I haven't heard of it being refused on that basis.

[japatee]

For details, see UK Settlement Visa Basics. Read on here if you are in a hurry. (I hadn't seen the other replies when I initially wrote this.)

Your wife needs a settlement visa, which must be applied for from outside the UK. There are tests to be taken before she can be granted the visa. Once in the UK she will be able to work. Naturalisation is intended for those intending to reside in the UK, even if British nationality is most useful for allowing one to leave the UK for a few years and freely return. I have heard that it can be denied if there is no intention to remain in the UK, though I haven't heard of it being refused on that basis.

Thanks for this

Do you know if on a settlement visa, does my wife need to reside for 5 years or 3 years before applying for naturalisation/citizenship? It seems to say both on the website and I'm not clear which applies to us.

Thanks

[Richard W]

Do you know if on a settlement visa, does my wife need to reside for 5 years or 3 years before applying for naturalisation/citizenship? It seems to say both on the website and I'm not clear which applies to us.

It's 5 years to get ILR but only 3 years for naturalisation, but your wife has to be free of restrictions on how long she may stay in the UK when she applies. This means in practice that its 5 years for both, but naturalisation cannot be applied for until ILR has been granted.

I would expect 3 years for naturalisation of a spouse to be changed to 5 years, but there are other routes to ILR. For example, a child of parents British by descent might arrive in the UK too late to be registered as British, receive ILR immediately, and might just manage to qualify for naturalisation by virtue of marriage to a British citizen! Also, the 3 years would be useful for a returning resident who decides to give up a nationality to become British. There might just be some advantages in naturalising for Irish citizens, so the fast route might be taken by them.

[7by7]

Copied from UK settlement Visa Basics.:

Hi

I find the uk boarder agency website very unclear.

I wonder if you could clarify a couple of things to help me out?

Some background info first:

My Thai wife and I want to go and live in the uk. I'm a British citizen still but we've been living in Thailand for the last 5 years (been married for 4 of those). Ultimately we want my wife to get a British passport and citizenship.

So, the bits I'm unclear on:

1. What type of visa does my wife require to enter the UK in order to begin the period of time required to apply for ILR? Is it a spouce settlement visa or FLR or are they the same? If they're different how do they differ (ie cost, tests required etc.)

2. Can she use her current c-visit visa to enter the uk and then apply for one of the visas above, or should she apply for one of the above visas in Thailand before travelling to the uk?

3. How long does she have to stay in the UK before she can apply for the ILR? I've read that it's 5 years and in other places I've read it's 3 years for someone already married.

Much appreciate any advice! And sorry if it is clearly stated somewhere.

George

1) She is outside the UK so she applies for settlement as a spouse.

FLR stands for Further Leave to Remain and can only be applied for inside the UK; you cannot apply to remain in the UK if you are not already there!

2) Visit visas cannot be switched to settlement in the UK. She will need to apply for settlement as your spouse in Thailand.

3) Under the new regulations which came into force on 9/7/12 the residential qualifying period for ILR was increased from 2 years to 5 years. From the OP

Quote

These two visas (spouse and civil partner) are valid for 33 months and after the holder has lived in the UK for 30 months they apply for a further 30 months and at the end of that they can apply for ILR.

The residential qualifying period for British citizenship if the spouse or civil partner of a British citizen is three years, which is where your other source must be confused.

However, to apply for British citizenship you must also be free of immigration time restrictions, i.e. hold ILR. So your wife will need to have lived in the UK for at least 5 years so she can obtain ILR and once she has ILR she can apply for British citizenship; provided she meets the other requirements. See British Citizenship Basics.

Please do not post the same question in different topics, as it leads to duplication and confusion.

Edited January 6, 2013 by 7by7

[japatee]

Copied from UK settlement Visa Basics.:

Hi

I find the uk boarder agency website very unclear.

I wonder if you could clarify a couple of things to help me out?

Some background info first:

My Thai wife and I want to go and live in the uk. I'm a British citizen still but we've been living in Thailand for the last 5 years (been married for 4 of those). Ultimately we want my wife to get a British passport and citizenship.

So, the bits I'm unclear on:

1. What type of visa does my wife require to enter the UK in order to begin the period of time required to apply for ILR? Is it a spouce settlement visa or FLR or are they the same? If they're different how do they differ (ie cost, tests required etc.)

2. Can she use her current c-visit visa to enter the uk and then apply for one of the visas above, or should she apply for one of the above visas in Thailand before travelling to the uk?

3. How long does she have to stay in the UK before she can apply for the ILR? I've read that it's 5 years and in other places I've read it's 3 years for someone already married.

Much appreciate any advice! And sorry if it is clearly stated somewhere.

George

1) She is outside the UK so she applies for settlement as a spouse.

FLR stands for Further Leave to Remain and can only be applied for inside the UK; you cannot apply to remain in the UK if you are not already there!

2) Visit visas cannot be switched to settlement in the UK. She will need to apply for settlement as your spouse in Thailand.

3) Under the new regulations which came into force on 9/7/12 the residential qualifying period for ILR was increased from 2 years to 5 years. From the OP

Quote

These two visas (spouse and civil partner) are valid for 33 months and after the holder has lived in the UK for 30 months they apply for a further 30 months and at the end of that they can apply for ILR.

The residential qualifying period for British citizenship if the spouse or civil partner of a British citizen is three years, which is where your other source must be confused.

However, to apply for British citizenship you must also be free of immigration time restrictions, i.e. hold ILR. So your wife will need to have lived in the UK for at least 5 years so she can obtain ILR and once she has ILR she can apply for British citizenship; provided she meets the other requirements. See British Citizenship Basics.

Please do not post the same question in different topics, as it leads to duplication and confusion.

Thank you for the clarity. Much appreciated. And sorry for the duplication!

[japatee]

Hi again 7by7

can I ask you a couple more questions? Sorry but answers to these may determine if we go back to the uk at all..

1. You say my wife should apply for settlement from Thailand. Is that the same as or equivalent to FLR? I.e. will a settlement visa grant my wife 33 months or will we need to apply for FLR once we have entered the UK? If the latter, then I guess we would have to make 2 separate payments - one for the settlement visa and one for FLR.

2. If we are granted 33 months + 30 Months (equates to 5 years and almost 3 months) will we have enough time to apply for ILR and receive citizenship at the end of those two periods or will we have to apply for a further extension while we wait for the citizenship? I assume this process takes some time and we can only apply after the full 5 years are completed.

Thanks for your time. Really appreciate it

George

[7by7]

Her initial spouse visa will be valid for 33 months. (The extra three months is to allow time to settle affairs in Thailand and arrange travel etc.)

Once she has lived in the UK for 30 months she applies for FLR (Further Leave to Remain); which will be valid for a further 30 months.

There is no need to make another application before this unless she delays travel after receiving her initial visa beyond three months and so her initial visa expires before she has spent 30 months in the UK. In which case she would need to make a FLR application to cover the gap.

At the end of this, assuming she meets all the requirements, she applies for ILR. If she doesn't meet all the requirements then she will need to make another FLR application and apply for ILR once she does meet the requirements.

ILR stands for Indefinite Leave to Remain, which means once granted she will have no time restriction on her stay in the UK and so once granted she can, assuming she meets all the other requirements, apply for British citizenship.

So, unless something goes wrong along the line somewhere, the application sequence is:-

• Spouse visa in Thailand
  
• FLR after 30 months in UK
  
• ILR 30 months after FLR, i.e. after 5 years in UK
  
• Citizenship immediately ILR has been granted.
  

Although the citizenship application is, of course, voluntary and can be done at anytime once she has ILR; if at all.

Edited January 7, 2013 by 7by7

[Richard W]

What's the position on motoring offences derailing the process? I get the impression that fixed penalty notices are not a problem, but a court appearance followed by a conviction will result in having to wait until at least five years after conviction to get ILR and then citizenship. However, I'm not at all sure that I have this right.