Predicament! Partners Thai passport renewal, LitUk test and ILR

[jingjingna]

My partners Thai passport has expired and a renewal was applied for a month ago. Due to the political situation in Thailand the Thai Embassy in London don't know how much longer it'll take for her new passport to arrive.

The problem is we need to apply for ILR before current visa expires in May but before that she also needs to sit and pass her Life in the UK test. As we don't have her passport, she's unable to sit the test.

Just wondering what on earth we'd need to do if the passport doesn't arrive soon?

Any advice folks ?? ;(

[jingjingna]

Bumping up ..

[ubonjoe]

Hopefully you will get the passport soon. The consular affairs department was able to get their servers running this past weekend and passport issuance is slowly getting back to normal.

Sorry I can't with any options but somebody may soon be able to.

Edit: You could try to contact the passport division directly. There is phone/fax numbers for overseas passport section on this webpage. http://www.mfa.go.th/main/en/services/1415/21272-Introduction-to-Passport-Division.html

[jingjingna]

Thanks Ubon Joe, will make a note of these numbers!

[jingjingna]

I have been able to book her on the Life in UK test after phoning them and getting confirmation that the passport she will be providing as ID is indeed expired but NOT her current passport which has expired. The name hasn't been changed, so that should not pose a problem according to Life in the Uk folks.

However, her current spouse visa expires in May and although she is currently enrolled and studying Esol Entry Level 3 with Citizenship at college, the result isn't until May. Problem is that we need to apply for settlement (ILR) also early May...am panicking because I am assuming that she needs to have passed her Esol course PRIOR to applying for ILR...in which case she needs to take the B1 test which no exam centre will let her sit without a 'current' passport.

Before coming to the UK she took a test at Vantage and scored B1 in speaking and A2 high in listening.

She should have qualified for IILR when we initially made our application as we had supplied enough evidence to prove we were a couple who had been living together for 9 years but when the visa was granted (delayed) we just wanted to leave Thailand and tend to the purchase of our home in the UK than battling it out in UKBA as to why she was only granted ILE when by rights it should have been ILR.

Anyway, for now we'd be happy for her just to get her Thai passport renewed Pronto!

[7by7]

She should have qualified for IILR when we initially made our application as we had supplied enough evidence to prove we were a couple who had been living together for 9 years but when the visa was granted (delayed) we just wanted to leave Thailand and tend to the purchase of our home in the UK than battling it out in UKBA as to why she was only granted ILE when by rights it should have been ILR.

ILR stands for Indefinite Leave to Remain and is granted inside the UK..

ILE stands for Indefinite Leave to Enter. It is the same as ILR except that it is granted outside the UK.

If your wife was granted ILE then she does not need to apply for ILR; she already has no time restriction on her stay in the UK.

However, if she met all the requirements for ILE except the knowledge of life and language in the UK requirement (KOL) then she would have been granted ILE subject to KOL.

Like a standard spouse settlement visa this would have been valid for 27 months; but she wouldn't have needed to live in the UK for 24 months before applying for ILR, she could have done so as soon as she had satisfied KOL.

But, to be blunt, whether she was issued ILE subject to KOL or just a standard Spouse visa, leaving it this close to her visa's expiry to sort out her LitUK and speaking and listening tests does show poor planning. If her visa expires in May she must already have been in the UK for at least 21 months, possibly more.

Why leave it this late?

NB, ILE for spouses and partners was abolished in the changes to family immigration which came into effect for all applications made on or after 9/7/2012.

[jingjingna]

Sorry . 7by7 she has a normal spouse visa. The visa is valid from 14/05/12 to 14/08/14. We arrived in the UK on 24/05. Does this mean that she can stay until 14/08 before having to extend? What type of extension does she need after this date? Is it ILR?

Thanks

[ubonjoe]

Thanks Ubon Joe, will make a note of these numbers!

You might want your partner have a look here for more info. http://www.consular.go.th/main/

They are keeping it updated and there are some temporary numbers posted.

[7by7]

Your wife comes under the rules in force prior to 9/7/12.

Whether it's ILE subject to KOL or a spouse settlement visa it will have been valid for 27 months.

If ILE subject to KOL then she could have applied for ILR at anytime, once she had satisfied KOL.

If a spouse settlement visa then she can apply once she has satisfied KOL and been living in the UK for 24 months.

The latest she can apply is the date it expires; in your wife's case 14/8/14.

The next stage is ILR, see Completing application form SET(M).

If she hasn't satisfied KOL in time, or doesn't meet any of the other requirements, she will need to apply for Further Leave to Remain or she will be in the UK illegally.

[jingjingna]

Thank you for clarifying that for me 7by7. Does she still need to satisfy the new B1 requirement as well as KOL or is KOL all that is needed?

[songhklasid]

It is true about passport offices,I want to take g/f to vietnam for holiday, at the intended departure date she will have only 3 months valid on passport,vietnam require 6 months, she applied at ubon office, then got a phone call, cannot do, money, passport refunded,she has to telephone tomorrow, hopefully she can renew,time is getting short, (1 month)

regards songhklasid.

[7by7]

Thank you for clarifying that for me 7by7. Does she still need to satisfy the new B1 requirement as well as KOL or is KOL all that is needed?

KOL stands for Knowledge of Life and Language in the UK, and now consists of passing the LitUK test and

• obtaining B1 or the equivalent in English speaking and listening; or
• having a recognised degree which was taught in English; or
• being a native of an English speaking country.

[jingjingna]

Thank you 7by7.