UK Settlement Visa Success - Thank you! and, what next...?

[lisu]

Hi all,

First and foremost, I would like to say a HUGE thank you to everyone who has answered my daft questions over the past year. You were all a great help, and contributed to us successfully getting my wonderful Wife's UK Settlement visa. Once again, THANK YOU SO MUCH!

Secondly, is there a comprehensive list/article of what to do next? I have so many more questions, now we have received the visa. I found this thread from a couple of years ago - http://www.thaivisa.com/forum/topic/571759-what-happens-after-uk-settlement-visa-is-approved/ - but considering how quickly and frequently the UK government changes policies, I'm wondering if the information is still valid?

I'm basically planning on getting her set up as soon as possible, with things like her name on household bills (I already have her as a named driver on the car insurance), a National Insurance Number, changing my current account to a joint name account, Provisional UK Driver's License and so on, but I'm still confused about quite a few things (bureaucracy is not my forte...)

1) I know she can work on the Spouse Settlement visa, but can she open a business in her name and be self employed? She is a Nail designer, and would like to set up her own shop.

2) How difficult is it to get an NI number? I've heard horror stories about interviews at the Job Centre, which might be worrying for her.

3) From what I understand, she can stay in the UK on this visa for 30 months, and come and go without any problems?

4) She can do most things a UK citizen can (including NHS services), except claim benefits and vote?

5) Before the 30 months is up, we'll have to apply for an extension (not sure how long the extension is for?), which basically involves the same process as the initial application (financial requirements etc.), and additionally passing the Life in the UK test and English Speaking/Listening level B1 - is this correct?

6) After a 60 month period, assuming she has spent more than 270 days/year in the UK, she can then apply for the Indefinite Leave to Remain, which from what I understand is not a pleasant process, but gives her permission to stay in the UK for life, without the need for a Visa?

7) Once she has the "ILR", she can apply for UK Citizenship - how long after getting the ILR can she do this?

Sorry... so many more questions! Thank you once again for any information.

Edited November 1, 2014 by lisu

[7by7]

1) I know she can work on the Spouse Settlement visa, but can she open a business in her name and be self employed? She is a Nail designer, and would like to set up her own shop.

Yes.

2) How difficult is it to get an NI number? I've heard horror stories about interviews at the Job Centre, which might be worrying for her.

Not difficult; ignore the horror stories. She may be interviewed, but this is just to confirm her identity and right to work in the UK. See Apply for a national insurance number.

3) From what I understand, she can stay in the UK on this visa for 30 months, and come and go without any problems?

Basically; yes. Although it's actually until the visa expires, which will be 33 months from it's date of issue.

4) She can do most things a UK citizen can (including NHS services), except claim benefits and vote?

Yes.

Whilst she cannot claim most benefits herself, if you claim tax credits these must be claimed jointly by a married couple so she can, indeed must, be included in the claim.

She can claim any and all contribution based benefits to which she may be entitled; provided she has paid the required NICs, of course.

5) Before the 30 months is up, we'll have to apply for an extension (not sure how long the extension is for?), which basically involves the same process as the initial application (financial requirements etc.), and additionally passing the Life in the UK test and English Speaking/Listening level B1 - is this correct?

After she has been in the UK for 30 months, but before her visa expires, she applies for Further Leave to Remain.

The English requirement is the same as for her initial visa. As long as the test provider is still on the approved list she can use the same test result used for her initial visa; even if the certificate has expired. If they are not still on the list, she will need to take the A1 test again for her FLR application. So check nearer the time.

B1 and the LitUK test are not required until Indefinite Leave to Remain; see below.

The financial requirement is the same; but for both FLR and ILR her earnings can be added to yours to meet it.

6) After a 60 month period, assuming she has spent more than 270 days/year in the UK, she can then apply for the Indefinite Leave to Remain, which from what I understand is not a pleasant process, but gives her permission to stay in the UK for life, without the need for a Visa?

FLR is valid for 30 months and at the end of this she applies for ILR, also known as settlement; which is very straightforward.

Note the required documents (Section 11, note 8 of the form) to show continual cohabitation. Although it says covering the last two years you should start collecting them now to cover the whole 5 years.

The ILR link is for those applying under the old rules. As no one who comes under the new rules effective from July 2012 has yet reached the ILR stage, the form and full guidance for those applying under the new rules have yet to be published.

For ILR she will need both B1, or the equivalent, from an approved provider in English speaking and listening plus a LitUK test pass; but she has 5 years from now in which to obtain these.

There is no maximum time allowed out of the UK whilst qualifying for ILR. However, she will need to show that the UK is her main residence, which may be difficult to do if she has spent more time in Thailand than the UK over the previous 5 years!

ILR is indefinite, not permanent. It will lapse if she spends a continuous period of two or more years outside the UK.

Also, if she lives outside the UK and uses her ILR just for visits then immigration on her arrival in the UK may cancel it; although she would be allowed in as a visitor on that occasion.

7) Once she has the "ILR", she can apply for UK Citizenship - how long after getting the ILR can she do this?

Assuming you are British, she can apply immediately she has ILR, provided she has lived in the UK for at least the previous 3 years and meets all the other requirements.

If you are not British then she will need to have lived in the UK for at least the previous 5 years, held ILR for at least 1 year and meet the other requirements.

See British citizenship basics for more.

Edited November 1, 2014 by 7by7

[Jim walker]

My Thai Mrs got her National insurance number no problem many years ago if I remember correctly we went to the job centre and filled in a few simple forms and then we went for a 5min interview at one of the larger government offices and she had her NI number in the post in a couple of days.

[lisu]

Fantastic - thank you so much for your thorough reply!

One more question regarding the FLR - she received her Visa on the 1st October, and we're leaving on the 6th December, which means she'll have been in the UK for 30 months one month before it expires. Is this enough time to get the FLR? What happens if it takes longer than a month to process the FLR, and her visa runs out before it's done?

Edit: Sorry... stupid me - I just noticed the same-day premium FLR application service for a mere £1001

Thanks again!

Edited November 1, 2014 by lisu

[lisu]

Sorry... stupid me - I just noticed the same-day premium FLR application service for a mere £1001

[7by7]

The 30 months residential qualifying period for FLR doesn't start on the day she received her visa; it starts on the day she first entered the UK with it.

Although she can actually apply up to 28 days before the 30 months are up.

As long as her visa is still valid when she applies for FLR it does not matter if it expires before FLR is granted. Her visa will be automatically extended until the decision on her FLR is made.

Ditto with her FLR when she applies for ILR.

So, unless you need a quick decision and her passport back quickly, I see no need to pay the extra £400 for the premium service.

Remember, the fees quoted are the current one; they go up each year!

Edited November 1, 2014 by 7by7

[dunque]

The 30 months residential qualifying period for FLR doesn't start on the day she received her visa; it starts on the day she first entered the UK with it.

Although she can actually apply up to 28 days before the 30 months are up.

As long as her visa is still valid when she applies for FLR it does not matter if it expires before FLR is granted. Her visa will be automatically extended until the decision on her FLR is made.

Ditto with her FLR when she applies for ILR.

So, unless you need a quick decision and her passport back quickly, I see no need to pay the extra £400 for the premium service.

Remember, the fees quoted are the current one; they go up each year!

Unless it has changed in the last 18 months (quite possible!) she can apply for ILR 2 yeas after original entry on spouse visa; my wife's marriage visa was issued on 2 Feb 11, she first came to UK on 3 March 2011, got her additional 2 years extension in August 2011 and her ILR on 29 May 2013 (although it has a renewal date of 2023 - more money then I guess)

[7by7]

The settlement rules changed considerably on 9th July 2012.

One of these changes means that it now takes at least 5 years UK residency to be qualified for ILR, with the need for an FLR application after the first 30 months of UK residency; as outlined above.

That's for spouses, civil partners and unmarried partners; from what you say I assume your wife entered as a fiance so needed an additional FLR application after the marriage. That has not changed; so fiances now need at least two FLR applications, not one.

Your wife was not effected by these changes as she made her initial visa application before 9/7/12, so she came under the old rules.

With respect; please keep up to date if you wish to offer advice here.

Edited November 1, 2014 by 7by7

[thephotoman]

My wife has been in the UK for 6-7 years .

Went through the same as you . Applied for NI number with a simple phone call within a few weeks , so to take the financial burden away from me and to give independence and the pleasure she had by buying me a gift , applied for a job with an agency and now employed by the same company .

Opened her own bank account , applied for credit on the lowest amount possible to build her credit status . Within a few months applied for the Life in the UK test ( be prepared there is a lot to learn and translate from English to Thai and back again to absorb the knowledge .... Passed , we did this early so that if there were any problems we could correct them in time ... no stress . A while later we applied for a UK passport then citizenship , and now with all that out of the way she has the freedom to travel without the need of a schengan visa .

All has been painless

Good Luck

[wooloomooloo]

For National Insurance application phone Jobcentre Plus on 0345 600 0643. My wife was issued NI number within two weeks and no interview required and all done by post.

Edited November 4, 2014 by theoldgit
Response to offensive post removed

[DarloKnight]

I have foreign nationals working for the company I work for from the EU, there is a few weeks waiting time now and they have to go to the nearest jobcentre plus for an interview they do not get this via telephone or post. They are made to bring in proof of application for NI number so I have seen many appointment confirmation letters.

Also they do not issue in cards anymore.

Edited November 4, 2014 by theoldgit
Response to offensive remark removed

[bobrussell]

British/Thai marriages have a higher 'survival' rate than British/British ones so suggestions from the bitter and twisted are as shallow and nonsensical as they sound! Judging other relationships based on prejudice and complete ignorance just makes a poster look foolish!

Unravelling a failed marriage in the UK is not really that different whatever the nationality as any half decent lawyer would appreciate.

NI number is easy, the interview should be straightforward. The key document will be the passport plus the biometric residence card.

Starting a business is pretty challenging at the best of times. Building up a credit file makes sense. Open a bank account in joint names if possible, perhaps a personal account for her as well. It is easy to get an additional cardholder for an existing credit card if she does not want a card of her own!

When your wife registers with a GP make sure she keeps paperwork from the practice. It makes good evidence for later.

I have been happily at war with my wife for ten years and little sign of that changing. Nearly did at the weekend as I handed over my bank card to pay for her new LV handbag at Selfridges. High maintenance? Yes absolutely but cheaper than a solicitor!

[theoldgit]

Offensive post removed along with a number of measured responses.

[lisu]

British/Thai marriages have a higher 'survival' rate than British/British ones so suggestions from the bitter and twisted are as shallow and nonsensical as they sound! Judging other relationships based on prejudice and complete ignorance just makes a poster look foolish!

Unravelling a failed marriage in the UK is not really that different whatever the nationality as any half decent lawyer would appreciate.

NI number is easy, the interview should be straightforward. The key document will be the passport plus the biometric residence card.

Starting a business is pretty challenging at the best of times. Building up a credit file makes sense. Open a bank account in joint names if possible, perhaps a personal account for her as well. It is easy to get an additional cardholder for an existing credit card if she does not want a card of her own!

When your wife registers with a GP make sure she keeps paperwork from the practice. It makes good evidence for later.

I have been happily at war with my wife for ten years and little sign of that changing. Nearly did at the weekend as I handed over my bank card to pay for her new LV handbag at Selfridges. High maintenance? Yes absolutely but cheaper than a solicitor!

Thanks for the reply - quick question, what's the "biometric residence card"? Is that something she will have to apply for when we arrive, or something she is automatically issued with?

Thanks again everyone -- you've been a huge help

[Jimchef81]

hi lisu,

well done on getting the settlement visa and good luck in your new life. My partner and I are also going through the process right now, may i ask you how it took from appointment at VFS to the visa being sent back?

[7by7]

<snip>

quick question, what's the "biometric residence card"? Is that something she will have to apply for when we arrive, or something she is automatically issued with?

She doesn't need one at present; but will have to obtain one when she applies for FLR and then extend it when she applies for ILR.

Biometric residence permits (note that when that page says 'settle' they mean ILR.)

[TCA]

For National Insurance application phone Jobcentre Plus on 0345 600 0643. My wife was issued NI number within two weeks and no interview required and all done by post.

Same here. I phoned on my wife's behalf, gave some details over the phone, a form was posted out for completion which we returned, then the NI number was issued by post shortly afterwards. For some reason it never arrived but a subsequent call got it reissued. Dead easy and no interviews.

[leeboy666]

hi lisu,

well done on getting the settlement visa and good luck in your new life. My partner and I are also going through the process right now, may i ask you how it took from appointment at VFS to the visa being sent back?

Just received my wife's settlement visa last Friday. It took exactly 10 weeks from the VFS Appointment to receiving the Passport back.

Hope that helps, I know the waiting is terrible

[lisu]

hi lisu,

well done on getting the settlement visa and good luck in your new life. My partner and I are also going through the process right now, may i ask you how it took from appointment at VFS to the visa being sent back?

Hi - it took just under two months. We applied the first week in August, and got it the first week in October. Applications may take a little longer to process at the moment - I believe September/October is peak time due to a lot of Education visa applications for folk going to University in the UK.

Good luck!

[leeboy666]

For National Insurance application phone Jobcentre Plus on 0345 600 0643. My wife was issued NI number within two weeks and no interview required and all done by post.

Same here. I phoned on my wife's behalf, gave some details over the phone, a form was posted out for completion which we returned, then the NI number was issued by post shortly afterwards. For some reason it never arrived but a subsequent call got it reissued. Dead easy and no interviews.

What documents did they require you to send, and were they originals?

[wooloomooloo]

A photocopy of my wife's passport if I remember correctly.

[TCA]

What documents did they require you to send, and were they originals?

As wooloomooloo said, just a copy of the passport, as far as I can remember. The form they send for completion is straightforward and tells you everything you need to know.

[Jimchef81]

sorry to jump on this thread but i need some advice re supporting documents for my GF's settlement visa.

we have travelled to England 3 times and on each occasion she supplied her birth certificate, a certificate for changing her name, and her families blue house book, but just the regular Thai documents, no translations. My question is should we get them officially translated this time?

many thanks

[matsky13]

Congratulations On , And good luck from me . What a great post and another great response from 7by7 . It is very usefull for my stuation as we are 6 months into our settlement visa , and starting to look to the next steps . A born worrier I and self employed I am worried about hitting the financial requirements as my work fluctuates from one month to the next , But as 7b7 pointed out , my wifes earning could be added . ( something I had forgotten in my moments of worry) . She is not working at the moment as she spends all her time looking after the 19 month old baby but over the next year or 2 that should change. I had been hoping the rules on minimum income would have changed by then anyway .

My Mrs is doing all the right things , she is on an ESOL and also i got her the Thai/English Life in the UK book . She finds that very helpful ,but is still very worried about it .

I Had a hiccup getting the NI number , I sent everything off they require ,only to be told months later that "she had not provided enough information " a few phone calls later we where still none the wiser as to what that actually meant . It was none specific . I gave up after I do'nt know how many phone calls and time on hold been pushed from one uninterested person to the next .The department dealing with it is On the Isle of White I was amazed to find out . why it is necessary to add more confussion by putting the documents on a ferry or aeroplane i have no idea . I am convinced I sent everything off they required .After the settlement visa process I was fed up with Bureaucracy so just put it to one side But I will have to do it all again shortly as my Mrs will hopefully be looking for work soon.

Thanks lisu for your post

[7by7]

sorry to jump on this thread but i need some advice re supporting documents for my GF's settlement visa.

we have travelled to England 3 times and on each occasion she supplied her birth certificate, a certificate for changing her name, and her families blue house book, but just the regular Thai documents, no translations. My question is should we get them officially translated this time?

many thanks

Oddly enough, the guide to supporting documents for visit visa applications says documents not in English or Welsh must be accompanied by a translation; but the supporting documents guide for settlement applications doesn't say this!

However, I recommend that you do get translations and submit them; better to have them and not need them than not have them and need them IMHO.

Each translation should contain

• confirmation from the translator that it is an accurate translation of the original document;
• the date of the translation;
• the translator's full name and signature and
• the translator's contact details.

Even if not required for the visa application, she will need translations of her marriage and birth certificates for various purposes once in the UK and it will be cheaper to have them done in Thailand.

Note that the UK does not require 'legalisation' of translations by the Thai MFA, but most other European countries do; especially the Schengen states. So it may be worth getting that done in Bangkok in case she wishes to apply for a Schengen visa some time in the future.

[wooloomooloo]

My Mrs is doing all the right things , she is on an ESOL and also i got her the Thai/English Life in the UK book . She finds that very helpful ,but is still very worried about it .

I bought the Thai/English LitUK test book for my wife as it was a good introduction for her. She studied all the contents and I then purchased LitUK Handbook and she was then on her own with the full English version.

The Thai/English book fulfilled its role, but covers very little of the curriculum.

I should extol the importance of spouses providing support, encouragement and positivity throughout the study period. It's not an easy test but being negative isn't going to help one iota.

Edited November 13, 2014 by wooloomooloo

[bobrussell]

I am not sure that the Thai/English book is up to date. The only one I know of relates to the old test not the new one.

In the pinned section there is a helpful extra guide in Thai. I started working through that plus the book to expand it a bit and correct some typos so my sister-in-law can work through it. I have ground to a halt about half way through showing what a sterling job the original poster has done to get it to that stage!!

http://www.thaivisa.com/forum/topic/764526-life-in-the-uk-english-to-thai-short-note-translation/