ILR for UK for thai wife with a tourist visa

[cerbera]

Hi there, maybe someone knows the answer to this one.

Ive been married to my thai wife for 17 years we have four kids who all have UK poassports. im a Uk national.

We are all living in the Uk at present. wife is on a visitors visa.

can she apply for ILR whilst here and on her visitor visa.

thankyou

[bobrussell]

No. It is usually not possible to extend a visit visa. The normal process is to return home and apply there. A few websites suggest there are a few situations where a visit visa may be extended but the only one I have found is where it is considered too dangerous to return home.

[7by7]

Indeed, she will need to return to Thailand and apply for settlement there.

Unfortunately, the changes introduced in July 2012 abolished the category of Indefinite Leave to Enter (the same as ILR but issued outside the UK, whereas ILR is issued inside) for those who have lived with their British spouse or partner outside the UK for at least 4 years.

This means she will have to go through the whole process of initial visa, FLR after 30 months in the UK and ILR 30 months after that.

See Apply to join family living permanently in the UK

Note that she will need to pass an English speaking and listening test from an approved provider. She cannot undertake a course of study for this whilst in the UK as a visitor, but she can take the test itself, which may be easier to arrange than in Thailand.

She will also need a TB certificate, and as she will be applying in Thailand can only obtain this from the IoM in Bangkok.

You will also need to satisfy the financial requirement; though as your children are British citizens they are not included in this, so you only need to meet it for a spouse.

It needs updating a bit, but you may find UK settlement visa basics helpful.

Any questions, feel free to ask.

[brewsterbudgen]

Indeed, she will need to return to Thailand and apply for settlement there.

Unfortunately, the changes introduced in July 2012 abolished the category of Indefinite Leave to Enter (the same as ILR but issued outside the UK, whereas ILR is issued inside) for those who have lived with their British spouse or partner outside the UK for at least 4 years.

This means she will have to go through the whole process of initial visa, FLR after 30 months in the UK and ILR 30 months after that.

See Apply to join family living permanently in the UK

Note that she will need to pass an English speaking and listening test from an approved provider. She cannot undertake a course of study for this whilst in the UK as a visitor, but she can take the test itself, which may be easier to arrange than in Thailand.

She will also need a TB certificate, and as she will be applying in Thailand can only obtain this from the IoM in Bangkok.

You will also need to satisfy the financial requirement; though as your children are British citizens they are not included in this, so you only need to meet it for a spouse.

It needs updating a bit, but you may find UK settlement visa basics helpful.

Any questions, feel free to ask.

It's very easy to take the A1 and B1 Life Skills tests in Bangkok now, as both IDP and the British Council hold tests every month.

[cerbera]

thankyou for the very helpful replies.

just to be sure she cant apply for leave to remain via the FLRM form

[beano2274]

she must apply for a settlement visa, and from Thailand only.

7by7 has told you everything you need to know.

By the way someone I know tried something like this with his wife, she actually decided to try and stay in the UK was found out and sent home, she applied for another visa, but failed to mention her previous mistake, got a 10 year ban, maybe there is something she did not say that happened as well.

[wooloomooloo]

thankyou for the very helpful replies.

just to be sure she cant apply for leave to remain via the FLRM form

As previously advised, your wife will have to return home to make a full settlement visa application if she wants to remain in UK on a more permanent basis. There are no shortcuts on a visit visa. There's no shortcuts on a settlement visa either.

Hoops, cash and revision will see you both through.

[Basil B]

she must apply for a settlement visa, and from Thailand only.

7by7 has told you everything you need to know.

By the way someone I know tried something like this with his wife, she actually decided to try and stay in the UK was found out and sent home, she applied for another visa, but failed to mention her previous mistake, got a 10 year ban, maybe there is something she did not say that happened as well.

The 10 year ban will not apply to a settlement visa but details of the ban would probably be considered when reviewing any settlement application.

[7by7]

Such a ban could apply to a person applying for settlement.

Immigration rules :-

A320. Paragraphs 320 (except subparagraph (3), (10) and (11)) and 322 do not apply to an application for entry clearance, leave to enter or leave to remain as a Family Member under Appendix FM.......

(11) where the applicant has previously contrived in a significant way to frustrate the intentions of the Rules by:

(i) overstaying; or

(ii) breaching a condition attached to his leave; or

(iii) being an illegal entrant; or

(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not); and

there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process.