Ilr Question On When To Apply.

[tribalfusion001]

My wife was granted her settlement visa on 25th May 2012 and she entered the UK on 31st May 2012, we spent 15 days in Thailand during March 2013, when would be the soonest date that we can apply for ILR in person? I read on UKBA's website section for ILR, that you can apply 28 days before the end of the two year qualifying period, would I be correct in saying that she could apply for ILR at UKBA in Croydon on 6th May 2014?

[7by7]

Yes, under the old rules, which your wife comes under, the earliest she can apply is 28 days before the 2nd anniversary of her first entry with her spouse visa.

As this was 31/5/2012, my calculations makes that 4/5/2014.

[tribalfusion001]

Thanks 7by7, less than 12 months to go and then I'm free to do what I want, which is to live and work in Thailand for a year again.

I presume the costs will increase in May 2014 for visa applications, so apply in person will be about £1100 next May.

Progress is being made with LITUK, she is taking a test next week, I want her to get use to taking the exam, I doubt she will pass, but it will be a good experience and keep her focused.

[7by7]

Remember that she will need not only a LitUK test pass but a B1 or better (or equivalent) in English speaking and listening as well.

Also, ILR will lapse if the holder spends 2 or more years outside the UK; Furthermore, if it appears to an Immigration Officer when she enters the UK that she lives in Thailand and uses her ILR just for visits to the UK then they will cancel her ILR: although she would be allowed in as a visitor on that occasion.

Better, I think, if possible to hang on for another year so she can get British citizenship and then be free to leave and enter the UK as often and for as long as she wishes; just like any other British citizen.

Edited June 6, 2013 by 7by7

[norrona]

Can I just ask, if in our situation where my wife came here on a fiancee visa then after 6 months when we was married she obtained her FLR visa which is due to expire 21st July 2013 then we cannot attempt to make an appointment for ILR the 1 day premium service till 28 days before expiry?

[7by7]

Correct; her 2 year period doesn't start when she first entered the UK with her fiancé visa; it starts when her FLR began.

So the earliest she can apply is 28 days before her FLR expires.

[bobrussell]

Immigration officers have routinely noted periods of absence from the UK (and purpose) each time my wife re-entered the UK during her period of ILR. An absence of a full year from the UK may well be a problem! Settlement visas are for people settling in the UK.

I would second the recommendation that she obtains citizenship first!

norrona - you can make an appointment at any stage for the premium service but clearly the appointment must be within the 28 days before expiry or the application will fail! I am not sure how far ahead the appointment system works now but it can be a bit of a challenge to get a last minute appointment!

If you have no travel plans postal applications are less expensive but involve a lot of thumb twiddling!

[norrona]

Correct; her 2 year period doesn't start when she first entered the UK with her fiancé visa; it starts when her FLR began.

So the earliest she can apply is 28 days before her FLR expires.

thanks for confirming that

[dunque]

Thanks 7by7, less than 12 months to go and then I'm free to do what I want, which is to live and work in Thailand for a year again.

I presume the costs will increase in May 2014 for visa applications, so apply in person will be about £1100 next May.

Progress is being made with LITUK, she is taking a test next week, I want her to get use to taking the exam, I doubt she will pass, but it will be a good experience and keep her focused.

... And the rest - it is £1451 at the moment if you apply in person, £1051 by post.

I would recommend doing it by post; my wife's permit came last week and I had applied 6 weeks ago. The only downside is that passport etc is with them for that time, but I thought he turnaround was pretty good. Mind you, for the money one would expect so!

[Kevin1908]

ILR under new rules is 5 years, correct? When can citizenship be applied for?

[7by7]

Under the new rules, yes the minimum residency for ILR is now 5 years.

The residency requirement for naturalisation haven't changed.

For the spouse or civil partner of a British citizen they must hold ILR or the equivalent and:

• have been in the UK on the exact date three years prior to applying and
• during the last 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 if the spouse or civil partner of a British citizen and the residential, and other, requirements are met, then they can apply immediately they have been granted ILR.

For anyone else, they must have held ILR or the equivalent for at least 1 year, and instead of 3 years it's 5 years and the total amount of time allowed out of the UK during that period is 450 days, not 270.

[tribalfusion001]

Thanks 7by7, less than 12 months to go and then I'm free to do what I want, which is to live and work in Thailand for a year again.

I presume the costs will increase in May 2014 for visa applications, so apply in person will be about £1100 next May.

Progress is being made with LITUK, she is taking a test next week, I want her to get use to taking the exam, I doubt she will pass, but it will be a good experience and keep her focused.

... And the rest - it is £1451 at the moment if you apply in person, £1051 by post.

I would recommend doing it by post; my wife's permit came last week and I had applied 6 weeks ago. The only downside is that passport etc is with them for that time, but I thought he turnaround was pretty good. Mind you, for the money one would expect so!

Thankfully she will paying for her visa application, not me, so whether it's £1000 or £1500, that is her up to her!

[tribalfusion001]

In regards to the ILR and citizenship, I will be going back to Thailand if she secures the ILR visa for anything up to 18 months, I'm not sure how long my wife will stay, as she wishes to obtain a British passport.

I 've explained the different types of visas that will be available to her and the implications of staying outside of the UK with both ILR and FLR.

[tomcreeduk]

Remember that she will need not only a LitUK test pass but a B1 or better (or equivalent) in English speaking and listening as well.

Also, ILR will lapse if the holder spends 2 or more years outside the UK; Furthermore, if it appears to an Immigration Officer when she enters the UK that she lives in Thailand and uses her ILR just for visits to the UK then they will cancel her ILR: although she would be allowed in as a visitor on that occasion.

Better, I think, if possible to hang on for another year so she can get British citizenship and then be free to leave and enter the UK as often and for as long as she wishes; just like any other British citizen.

7by7 regarding what you said about

Better, I think, if possible to hang on for another year so she can get British citizenship and then be free to leave and enter the UK as often and for as long as she wishes; just like any other British citizen.

Would my wife still be eligible to keep her Thai Passport so she could enter Thailand on that passport and not worry about obtaining visa's like a UK citizen has to whilst in Thailand.

Then when we fly back to the UK she can enter on her UK passport ?

Is this correct.

Thanks

[tomcreeduk]

After she applies and is excepted for British citizenship I mean once she has a British passport.

[7by7]

Correct.

Both the UK and Thailand allow dual citizenship.

So she should leave and enter the UK with her British passport and leave and enter Thailand with her Thai passport.

For other countries, use whichever one is more advantageous; e.g. for Europe her British passport would be better, whilst for S. E. Asia her Thai one may be.

[tribalfusion001]

I've reading about the eligibility for a UK passport today and it seems that you can spend 270 days out of the UK and still qualify for a UK passport. I think this would be a better option for my wife and still allows us to go back to Thailand for 6 months and come back and wait for the qualifying period of 3 years to expire.

Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

• have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
• have been present in the United Kingdom three years before the date of your application; and
• have not spent more than 270 days outside the United Kingdom during the three-year period; and
• have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
• have not been in breach of the immigration rules at any stage during the three-year period.

[RAZZELL]

have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period;

Remember in the year you apply only 90 days...3 months.

She's only been here a year and you want to go back?

God you must hate it in the UK!

Remember all the financial requirements for ILR and naturalisation.

RAZZ

Edited June 9, 2013 by RAZZELL

[7by7]

Razz, she will come under the old financial requirement for ILR, able to be supported and accommodated without recourse to public funds, and there are no financial requirements for naturalisation; yet.

[tribalfusion001]

have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period;

Remember in the year you apply only 90 days...3 months.

She's only been here a year and you want to go back?

God you must hate it in the UK!

Remember all the financial requirements for ILR and naturalisation.

RAZZ

Yes, under the old rules and I do find the UK quite dull, dreary and boring!

[RAZZELL]

Razz, she will come under the old financial requirement for ILR, able to be supported and accommodated without recourse to public funds, and there are no financial requirements for naturalisation; yet.

My mistake.

Although if you read the naturalisation rules - if you owe the taxman than can refuse it...

RAZZ

Edited June 9, 2013 by RAZZELL

[malct]

Regarding applying in person for the IIR under the old rules, I had a look on the UKBA site just to check about how to go about getting an appointment, It states that you have to apply on line for the appointment, So can anyone tell me the following who has completed the Set M for IIR.

1. Is it a online application, just like the spouse visa and you take a print off and sign the form.

2. Regarding the barometric s, looking at set M, Who fills this section in since it can only be filled in once the barometric s have been completed.

3. When applying in person, Do they do a checking service at the PEO likes the checks before applying by Post.

4. if there is anything wrong with the paperwork, do you get the chance to correct it?

5. How long before your appointment can you book in-advance? we are looking at the 9th September 2013..

Any other info on applying in person who be great

Malc

[malct]

Just to up-date I have found the section for booking appointments, The dates go up to 3 months, So now booking up to the 10th September but was unable to book for the 10th.

[Kevin1908]

Correct.

Both the UK and Thailand allow dual citizenship.

So she should leave and enter the UK with her British passport and leave and enter Thailand with her Thai passport.

For other countries, use whichever one is more advantageous; e.g. for Europe her British passport would be better, whilst for S. E. Asia her Thai one may be.

I know that I am going to be corrected here but is is wise to advise a dual nationality Thai person to enter Thailand on their Thai passport. I am just thinking if that were the case that person can't expect any help from the British Embassy if it was needed.

2004 my wife entered on her UK passport and due to a ******* great tidal wave lost her UK passport and the Embassy were only too pleased to help.

[7by7]

If a Thai who holds dual nationality enters Thailand using their other passport, e.g. British, then they are treated, for immigration purposes at least, as a non Thai.

So they would be subject to overstay fines etc.

[Kevin1908]

If a Thai who holds dual nationality enters Thailand using their other passport, e.g. British, then they are treated, for immigration purposes at least, as a non Thai.

So they would be subject to overstay fines etc.

That is certainly true but I was always uneasy about my ex wife travelling to Thailand with the two kids who had UK passports then she would use her Thai passport. Not sure how much consular support the British Embassy would have given if the kids had needed it..

Since she always went for less than 30 days overstying was never a problem except once when she had to do a visa run.

[braid101]

Hi guys,

My wife applied for her spouse visa before 9 July 2012, it was accepted with old rules that apply before the 9th, but we didn't receive it until 03/08/12.

I am wondering, when will she be able to apply for IRL? This year or will she have to apply for FLR once first?

And am I right in thinking she will need to pass B1 and LitUK test to qualify?

My wife got her visa on 03/08/12 and we departed Thailand on 16/08/12... When would I be able to apply for IRL (or FLR if that's what I must do)?

[7by7]

As she applied before 9th July 2012 she comes under the old rules, even though her visa was actually issued after that date. This will be indicated by the term of the visa; it should be for 27 months, not 33.

So she can apply for ILR without any FLR application first; assuming she meets all the requirements for ILR.

Yes, she does now need both the LitUK test and at least B1, or the equivalent, in English speaking and listening (or Welsh if you live in Wales or Scottish Gaelic if you live in Scotland).

The earliest she can apply is 28 days before the second anniversary of her first arrival in the UK with her visa; which I make 19/7/2014. But as this is a Saturday you'll have to wait until Monday 21st.

[braid101]

As she applied before 9th July 2012 she comes under the old rules, even though her visa was actually issued after that date. This will be indicated by the term of the visa; it should be for 27 months, not 33.

So she can apply for ILR without any FLR application first; assuming she meets all the requirements for ILR.

Yes, she does now need both the LitUK test and at least B1, or the equivalent, in English speaking and listening (or Welsh if you live in Wales or Scottish Gaelic if you live in Scotland).

The earliest she can apply is 28 days before the second anniversary of her first arrival in the UK with her visa; which I make 19/7/2014. But as this is a Saturday you'll have to wait until Monday 21st.

Thanks very much 7by7

[Jett66]

Hi guys,

Just wanted some clarification on what happens when my wife's spouse visa expires, we applied on the 21/12/2012, and the visa was granted on 13/03/2013 and expires on the 11/12/2015 when can she apply for ILR is it 5 years or 2 years and if it's 5 years what is the next visa we should apply for once her current visa expires??

Any help, advice appreciated

Cheers

Jett