Uk Citizenship For Thai Wife

[The Dan Sai Kid]

Hi

My wife lived with me in the UK for 2 and a half years, from approx the start of 2002, she has had the ILR. Since the end of the first year.

We are looking at moving back to the UK in the middle of next year, which will fall before the end of the expiry of the ILR (which I beleive is 2 years). Does anybody have an idea of how long it would be before she can apply for UK citizenship?

I look forward to any comments.

[the scouser]

One of the requirements to naturalise as a British citizen is to have not spent more than 270 days of the last 3 years outside of the UK, with no more than 90 in the last year. From what you have posted, it is unlikely that your wife will fulfil this criterion, so she will have to wait until such a time as she falls within this particular rule.

Additionally, on the date she makes her application, she has to have been physically present in the UK on the same date 3 years before.

Scouse.

[The Dan Sai Kid]

One of the requirements to naturalise as a British citizen is to have not spent more than 270 days of the last 3 years outside of the UK, with no more than 90 in the last year. From what you have posted, it is unlikely that your wife will fulfil this criterion, so she will have to wait until such a time as she falls within this particular rule.

Additionally, on the date she makes her application, she has to have been physically present in the UK on the same date 3 years before.

Scouse.

So, she will have to start the 3 years again. Nevermind, at least we have the ILR, so there won't be any applying for visas, interviews, etc.

Cheers Scouser!

EDIT: You are allowed to be out of the UK up to 2 years before the ILR is voided, aren't you?

Edited September 12, 2006 by The Dan Sai Kid

[vinny]

See also Application forms and guidance notes, Guide AN (NEW)

[the scouser]

You are allowed to be out of the UK up to 2 years before the ILR is voided, aren't you?

Yes. If your missus has been outside of the UK for some considerable time, it is possible that the immigration officer in the UK might ask her to demonstrate her claim to be returning for settlement, this being the purpose of ILR.

Scouse.

[The Dan Sai Kid]

You are allowed to be out of the UK up to 2 years before the ILR is voided, aren't you?

Yes. If your missus has been outside of the UK for some considerable time, it is possible that the immigration officer in the UK might ask her to demonstrate her claim to be returning for settlement, this being the purpose of ILR.

Scouse.

If I showed evidence that I am returning to study, would that be enough? She worked for my father's business before, would a letter confirming employment be good as well?

[vinny]

See also Returning Residents, Assessing the application.

Edited September 12, 2006 by vinny

[The Dan Sai Kid]

See also Returning Residents, Assessing the application.

I was just looking at my better half's passport and I can see that it will expire in October 2007 - can we get a new passport in the UK? Or, are we required to get a new one here? If Thailand, how is the ILR transferred to the new one?

I didn't think that I had so many queries in me!

[vinny]

Some countries prefer that the current passport has at least six months left before expiring when traveling. She can apply for a new Thai passport at the Royal Thai Embassy in London. The application would have to be done in person at the Embassy because photograph and fingerprint have to be taken on site. Applications currently takes around six weeks to process.

With regards to the ILR, Returning Residents are exempted from requiring prior entry clearance before travelling to the UK.

She has 3 choices:

1 See Application form:

However you should be aware that you are able to travel with a new, valid passport without having your leave transferred provided that you carry with it either your old passport with your endorsement of leave, or the letter on which your leave was granted.

It is up to individuals to ensure their travel documents are kept up to date and are valid for travel. The decision to admit a person at port is made by the Immigration Officer based on the information and evidence presented to them.

2. When in the UK, transfer her ILR using Form NTL (No Time Limit) with a fee of £160.

3. If in Thailand, apply for the Returning Resident Entry clearance endorsement.

[the scouser]

If at all possible, I'd get the new passport in Thailand as you otherwise face having to traipse all the way down to London with all the associated cost, just to have your wife's dabs and photo taken.

My wife and I face the prospect of having to drag ourselves down to the Smoke for a Thai passport for our son, and it's not something we're relishing.

Scouse.

[The Dan Sai Kid]

So basically, we just get a new passport and hand on to the old one and show them that at Heathrow? Man, Uk visa issues seem a lot more straight forward than Thai ones!

In the words of Columbo though, "Just one more thing". Di we have to transfer the visa at all? Can we just hold onto the old passport?

Thanks very much Vinny and Scouser for the useful info.

If you ever need to know where to buy a certain kind of cheese in Chiang Mai then I'll be more than happy to help!

[vinny]

Choice 1 above seems to indicate that she does not need to transfer her ILR to a new passport.

[vinny]

Your wife can also ask the MFA or Royal Thai Embassy to endorse her new passport saying that the unexpired visas/endorsements in her old passport are still valid.

Edited September 13, 2006 by vinny