Extension Of Settlement Visa / Flr?

[S4161]

Hi All,

Please could I get your advice on the following:

My wife received her UK Settlement Visa in February 2012. She lived with me in the UK until the end of Novemeber 2012 apart from a 4 week holiday back to Thailand - so a total of 8 months in the UK.

I got a new job based in Thailand in December 2012 and my wife and son moved with me to Thailand to live with me while I work.

My major concern is that my wife's settlement visa will expire before we return back to the UK.

I want to know if we can apply for FLR or even ILR without being in the UK? Also is their a requirement for my wife to be in the UK for 24 months of her 27 month Settlement visa before she can apply for FLR or ILR?

Basically I want to ensure that if my employment ends here in Thailand that my wife will not have to jump through hoops to get another visa to get in to the UK.

Any advice would be greatly appreceiated.

Edited April 22, 2013 by S4161

[7by7]

The LR in FLR and ILR stands for Leave to Remain. She cannot apply for leave to remain in the UK if she is not in the UK.

There is no actual limit on the amount of time someone is allowed out if the UK whilst qualifying for ILR; but when they apply they must be able to show that the UK has been their main residence during that time..

However, if they have been outside the UK due to traveling with their British spouse/partner whilst they are working abroad, this is acceptable in most cases.

But, and it's a big but, if she is out of the UK when her current visa expires then she will have to start the whole process all over again; under the new rules which came into effect on 9th July 2012.

[S4161]

Thanks 7by7,

I havent looked in a great amount of detail as to what the requirements are for the ILR.

Would my wife need to be living in the UK when she applied for ILR? In that I mean would she/I have to be living and working in the UK when she applied? The thing is I think I will be living in Thailand for at least another 2-3years.

What about the English language requirement? does she she have to show that she has attended lessons in the UK or is there a possibilty she could attain the required standard of English at a school in Bangkok and subit that with the application.

Ultimately in your opinion would the UKBA grant ILR to a spouse who is living out of the country with her UK spouse who is working abroad and has no real footing in the UK at the time of the application? We have son together and have been together for 5 years and married for 2 years. Surely the UKBA would understand that when my employment ended in Thailand that my wife would need to be able to return to the UK with me and thus grant her ILR. The UK will ulitmately be our home country.

Is there an option to extend the current visa she has until we are in a position to fulfil the requirements of the ILR?

Any more info or opinion would be appreceiated.

[7by7]

As I said above, she cannot apply for ILR from outside the UK; she must be living in the UK to apply.

Neither can she somehow extend her current visa (FLR) whilst she is outside the UK.

If you and your wife are living outside the UK when her current visa expires then to enter the UK again, even for a visit, she will need to obtain the appropriate visa.

Currently she comes under the old rules, and if she is living in the UK when her current visa expires then she can apply for ILR under these old rules; see Completing application form SET(M). Note the language requirement changes which apply to all applications for ILR made on and after 28th October.

Whilst she can certainly study for and take the B1 test in speaking and listening in Thailand (provided it is from an approved provider, see under Language in the link below) the Life in the UK test can only be taken in the UK.

But if she is out of the UK when her current visa expires then in order to return to the UK to live she will have to apply for a new settlement visa under the new rules which came into effect last July; including the financial requirements. See UK settlement visa basics for more.

Whether the UKBA understands your situation or not is moot; these are the rules which they must follow; rules which are made by Parliament.

Edited April 26, 2013 by 7by7

[bobrussell]

It is going to be difficult to convince the UKBA (Home Office now really) that she is a UK resident, especially if you have been living outside the UK for a number of years.

If she already had ILR and lived for two or more years outside the UK then that would lapse anyway.

It would seem that a new application under the new rules may be the only way for this to work. This clearly means meeting the income rules, language requirements and 5 year period for ILR.

Unless you can provide evidence that your wife is a UK resident then you are going to have problems. I don't know if she can be resident closer to the time?

The difference between the old and new rules (total cost, length of time required plus income requirements)makes it worth considering quite drastic action to keep an application under the old rules!