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Posted

Good Day All

and thanks for all your effort in the forum it is making my path for applying for a spouce visa a lot less hassel than I new it would be. A couple of questions.

is there a site that has good information on the new English test that my wife needs to take and any old test papers available. Her english is OK but to what level is required and knowledge of the UK.

Once my wife has her visa and is in the UK how long does she need to stay before she can go home before it will effect her visa. And how long can she stay in Thailand.

thanks

Posted

To answer your second question; her residential qualifying period for Indefinite Leave to Remain begins the moment she first uses her settlement visa to enter the UK.

There is no minimum time she must be in the UK after this before she can leave again; having entered for the first time she could immediately turn round and leave again.

There is no maximum time allowed out of the UK whilst qualifying for ILR. However, when applying for ILR she will need to show, among other requirements, that

  • the UK is her primary residence
  • you and she have been living together for the entire 5 years.

Obviously, periods out of the UK for holidays, family visits etc., whether accompanied by you or not, are allowed. But if she had spent much of the 5 years in Thailand, especially if you had remained in the UK, then it would be difficult to show the above.

I cannot be more definite than that, I'm afraid, as each case is judged on it's own merits; taking into account such factors as the length of and reasons for periods out of the UK and any separation.

However, if you are asking about simple annual holidays/family visits to Thailand, with or without you, for short periods, e.g. a month each year, then this should not be a problem.

Once she has ILR she can spend longer periods out of the UK.

However, if she spends a continuous period of 2 or more years out of the UK then her ILR will lapse and she would need to apply for the appropriate visa to enter the UK again.

If has ILR and it becomes apparent to an immigration officer at her port of entry to the UK that she is not a UK resident but just using her ILR for visits, then her ILR could be cancelled; although she would be allowed in as a visitor on that occasion.

If, once qualified, she goes one step further and naturalises as British then, obviously, she can spend as much time as she wishes out of the UK and always be able to return; just like any other British citizen.

However, the residential requirement for naturalisation is much stricter than that for ILR; see British citizenship basics.

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