Posted 2009-03-25 18:41:22
There have been some recent posts from people returning to the UK with their long term spouse. So I thought some clarification of the type of entry clearance they should receive may be in order.
The normal situation is that the spouse, civil partner or qualified unmarried/same sex partner of a British resident will receive entry clearance for 27 months; unofficially referred to as a spouse visa. After completing a 24 month probationary period in the UK they can apply for Indefinite Leave to Remain, subject to their demonstrating sufficient knowledge of life and language in the UK (KOL). When applying for ILR they will need to show that their marriage/partnership is still in existence and they have been living with their British resident spouse/partner in the UK for that time, apart from holidays out of the UK, of course.
If the marriage/partnership has been in existence for 4 years or more and the couple have been living together outside the UK then the applicant will qualify for Indefinite Leave to Enter (Rules Paragraph 281 ( B ). This is the same as ILR.
However, to be granted ILE the applicant needs to show that they have satisfied the KOL requirement. This can only be done in the UK, but once obtained is valid for life. So if in the UK on a visit it can be worth sitting the LitUK test in case you wish to live in the UK at some future time.
If the applicant otherwise qualifies for ILE but has not yet satisfied the KOL requirement then they will be given entry clearance for 27 months during which time they pass the LitUK test or a suitable ESOL with citizenship course. Once they have done so they can immediately apply for ILR without having to spend the full 24 months probationary period in the UK.
Whichever entry clearance the applicant is qualified for they apply using form VAF4A paying the current settlement visa fee.
If the applicant does qualify for ILE then it is their responsibility to show that they do; they must provide the appropriate evidence. If they don't then they will be granted a spouse visa (assuming the usual criteria for such are met).
Any minor children of the applicant applying at the same time will be granted the same entry clearance as their parent.
See the appropriate section in Settlement in the United Kingdom
Edited by 7by7, 2009-12-21 11:34:44.
Out of date links replaced.
Posted 2009-03-26 01:07:58
7by7
we married in Thailand in 2001 and wife was granted ILR in 2002 in BKK and I was living in the UK.
Where does the 4 year provision come in? as we were only married for 1 year before applying and getting ILR.
We have discussed the ILR requirements in another thread.
Please do not tell me she was given ILE as I have already told you it is ILR.
"Given Leave To Remain In The United Kingdom For An Indefinite Period" Is on the stamp in her passport.
I'm just curious why we were treated differently, to what you say are the rules.
Your thoughts would be welcome.
Cheers. 
Posted 2009-03-26 03:00:20
Khundon had your wife spent any time living in UK before coming back to BKK & then being granted ILR?
Posted 2009-03-26 03:17:28
Khundon,
To avoid duplicate posts I have posted my further comments here.
Posted 2009-03-26 04:14:35
BTW, forgot to say that the 4 years comes from the immigration rules.
Quote Para 281( b )(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago,
Posted 2009-03-26 10:16:31
Subject to passing the KOL requirement.
Posted 2009-03-26 16:11:56
Boo Hi
Yes she had been in and out of the UK on study visa for a few years prior to applying for her ILR in BKK in 2002.
7by7 thanks for that, it seems to be very complicated, and as you say the rules do change.
Scouse I understand what you are saying, so maybe the stamp is the wrong one.
It just proves what a tangled web the visa process is these days.
Thanks everyone for your help and comments.
lemamouth
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Posted 2009-04-05 07:32:00
Hello All,
I am married to a UK resident (holding a ILR and now applying for UK citizenshing) and I am living in the US while my wife and my daughter are in the UK. We have been married for almost 5 years (will be 5 years in June) and i just fly to the Uk almost once a month.
Now, I am planning to apply for a spouse visa but not sure I am going to stay there 24 months in a raw as I am a consultant and it happens that I am assigned on a project abroad for months or years.
So, my questions are:
1/ According to my situation, is the spouse visa the best / only way to joint them in the UK?
2/ If yes, what happen if i can't complete the 24 month probationary period requierement and after one year for instance i have to go abroad for a year? what happen when i return?
3/ what about the ILE? As per what I wrote on the forum, ILE apply when the couple have been living together outside the UK, which is not the case in my situation as my wife lives in the UK. Is that correct?
Thanks everyone for your answers / suggestions.
Regards.
Posted 2009-04-05 14:00:53
To avoid duplication, reply moved to here.
Edited by 7by7, 2009-04-05 14:04:47.
Posted 2009-07-13 03:09:13
 Boo, on 2009-03-26 04:00:20, said:
Khundon had your wife spent any time living in UK before coming back to BKK & then being granted ILR?
Question to one and all re visa residency for my wife we worked together for 4 years in Samui, she has been in the uk and france on two occasions with me, and she works for the company I set up, and she manages the company now, whilst I am in Uk working we talk daily and we are going to try and sell the business, in the mean time we are applying for her residency visa. what paper work does she require, I have looked at the visa website we have filled in the forms etc but the info is very sketchy on paper work needed. can any body point me in the right direction please
Regards
Our Man In Samui 2008
Posted 2009-07-13 08:03:14
Has any UK citizens’ Thai spouses taken the Life In The UK test as part of the process for Indefinite Leave To Remain?
I have just quickly checked through the What You Need To Know section http://www.lifeinthe.../self2_110.html and couldn’t believe the ridiculous depth of knowledge required. I am sure that a lot of UK citizens alone wouldn’t be able to answer many of the questions.
Posted 2009-07-13 16:50:47
Yes my wife took it passed first time she found it interesting.
Posted 2009-07-13 21:09:39
My husband took it & passed on the 2nd try, he failed the first as he hadn't actually read any of the study aids & took the test just to get an idea of what was expected. Once he knew he studied the relevant pages & passed.
To update also the situation of my friends who applied for ILE at the UKBA this past March, he was finally issued his visa but on arriving in UK his wife noticed he was given an SV instead of the ILE stamp he was entitled to (he has already met the Life in the UK test requirements the previous year whilst on a TV) she called home office & explained that he was issued with the wrong entry, they in turn asked her to contact the UKBA again as they were the ones who gave the wrong stamp. She sent an email & the UKBA sent him a letter stating they issued the wrong entry & that was then sent off to the Home office who are now changing his stamp from SV to ILE (no charge)
http://www.thaivisa....lr-t123182.html
Big thanks to Scouse & 7by7 for updates & advice.
Posted 2009-07-15 07:16:28
You're welcome Boo but it seems any further advice will henceforth have to come from others, qualified or otherwise.
Posted 2009-07-15 09:51:08
This thread may have provided the answer I was looking for, perhaps others can confirm?
Mrs CM is my unmarried partner and we have been together for almost five years and we have often discussed spending a year or perhaps two in the UK, but Mrs CM would only do so if she could work there - it's not an issue of earning money but rather one of having something useful to do with her time and perhaps learning something new as well.
It seems from what has been written thus far that we could apply for ILE, take the Test and then potentially be granted ILR and that would allow us to remain and for Mrs CM to work. But the reality is that we both know full well that this would not be a long term or permanent move and that we would almost certainly return to Thailand after that one or two years. Whilst a Settlement Visa would be required to accomplish the above I wonder if we should declare our intentions up front or simply apply as though we intend to live there permanently, I'm unclear as to whether declaring our intentions up front would be beneficial or not.
Edited by chiang mai, 2009-07-15 09:54:20.
Posted 2009-07-17 02:55:19
A settlement visa, of any type, is to settle in the UK, not for an extended visit. Obviously you should not lie, but if you were to tell the ECO that she only wants to live in the UK for 1 to 2 years there is a slim chance that it may cause problems.
However, as she would be applying for settlement she will almost certainly not be asked how long she wants to stay in the UK for.
So, my advice would be not to mention it, unless asked.
Posted 2009-07-17 19:54:23
7by7, on 2009-03-25 18:41:22, said: There have been some recent posts from people returning to the UK with their long term spouse. So I thought some clarification of the type of entry clearance they should receive may be in order.
The normal situation is that the spouse, civil partner or qualified unmarried/same sex partner of a British resident will receive entry clearance for 27 months; unofficially referred to as a spouse visa. After completing a 24 month probationary period in the UK they can apply for Indefinite Leave to Remain, subject to their demonstrating sufficient knowledge of language and life in the United Kingdom (KOL). When applying for ILR they will need to show that their marriage/partnership is still in existence and they have been living with their British resident spouse/partner in the UK for that time, apart from holidays out of the UK, of course.
If the marriage/partnership has been in existence for 4 years or more and the couple have been living together outside the UK then the applicant will qualify for Indefinite Leave to Enter (Rules Paragraph 281 ( B ). * This is the same as ILR.
However, to be granted ILE the applicant needs to show that they have satisfied the KOL requirement. This can only be done in the UK, but once obtained is valid for life. So if in the UK on a visit it can be worth sitting the LitUK test in case you wish to live in the UK at some future time.
If the applicant otherwise qualifies for LTE but has not yet satisfied the KOL requirement then they will be given entry clearance for 27 months during which time they pass the LitUK test or a suitable ESOL with citizenship course. Once they have done so they can immediately apply for ILR without having to spend the full 24 months probationary period in the UK.
Whichever entry clearance the applicant is qualified for they apply using form VAF4A paying the current settlement visa fee.
If the applicant does qualify for LTE then it is their responsibility to show that they do; they must provide the appropriate evidence. If they don't then they will be granted a spouse visa (assuming the usual criteria for such are met).
Any minor children of the applicant applying at the same time will be granted the same entry clearance as their parent.
See Chapter 13 - Settlement : Fiance(e)s, proposed civil partners, spouses, civil partners, unmarried and same-sex partners
* Edit, this should not be a smiley, but a b in brackets!
hi
myself and my wife have just rtd to london to live
my wife has a settlement visa (27 months granted) just want to no how much time does she have to spend in england to qualify ilr ?
just want to no what the rule are regarding time out ie going back to thai to visit her daughter and family ?
surely she must be able to take some holiday ,or is it the case were we have to stay here for the full 27 months to qualiyfy for ilr.?
any help please,
thx jp 
Posted 2009-07-17 20:06:52
If she has an ordinary settlement visa she can apply for ILR after being in the UK for 24 months, provided she has satisfied the LitUK requirement.
Obviously she is allowed trips outside the UK during this time. There is no set limit on how long she is allowed out of the UK, but she will need to show that the UK is her main residence; difficult to do if she has spent more time out than in.
Posted 2009-07-17 20:24:13
7by7, on 2009-07-17 20:06:52, said: If she has an ordinary settlement visa she can apply for ILR after being in the UK for 24 months, provided she has satisfied the LitUK requirement.
Obviously she is allowed trips outside the UK during this time. There is no set limit on how long she is allowed out of the UK, but she will need to show that the UK is her main residence; difficult to do if she has spent more time out than in.
thanks 7by seven for the quick response,
yes the uk will be her main residece,but just maybe we need to go back to thailand for short visits for 2 weeks at atime,
four times a year,do you personally think this would be accepable to qualyfy for ilr at the end of the 24 month probation period,
thanks for your help
Posted 2009-07-19 04:05:30
8 (ish) weeks a year; I don't see a problem.
Posted 2009-07-19 23:38:51
7by7, on 2009-07-19 05:05:30, said: 8 (ish) weeks a year; I don't see a problem.
cheers 7by7 for your reply,
i think this would be ok as well.
what i will do when she comes up for ilr application, is include a covering letter explaining when,and why these
visits were taken to thailand.
thanks
jp
Posted 2009-07-20 00:02:07
It shouldn't be necessary. When the time comes the stamps in her passport will show how often and for how long she visited. I would only bother mentioning them if she needed to make an exceptionally long one or if, for some reason, it appeared that she was living in Thailand and visiting the UK rather than the other way round.
Posted 2009-07-20 18:01:08
7by7, on 2009-07-20 00:02:07, said: It shouldn't be necessary. When the time comes the stamps in her passport will show how often and for how long she visited. I would only bother mentioning them if she needed to make an exceptionally long one or if, for some reason, it appeared that she was living in Thailand and visiting the UK rather than the other way round.
On a slightly different aspect of this debate, maybe you can answer another query:
If I and my unmarried partner apply for ILE for her, will I, as a UK citizen and her Sponsor, need to provide details of accommodation in the UK? I sold my home in the UK many years ago and part of our current gameplan is to return and to buy property shortly after we arrive - until that time we would likely live in rented accommodation. I have ample assets to purchase a new home but at the time of our application I will not be a homeowner - will the Embassy view that in a negative light and potentially deny the application on the basis of not having anywhere to live immediately or would they perhaps understand the logic and logistics involved?
Posted 2009-07-21 04:08:54
Many applicants are the partner's of returning citizens, and obviously in such circumstances they will not have property of their own to move into.
The guidance simply says Quote Have adequate arrangements for the couple’s accommodation for the foreseeable future been made?
So you will need to show that you have the means to buy or rent suitable accommodation once in the UK and that you have somewhere to live until you have a place of your own; e.g. staying with relatives or friends.
If you have any evidence of a property search, e.g. correspondence with UK estate agents, this will help.
Posted 2009-07-21 14:48:21
7by7, on 2009-07-21 04:08:54, said: Many applicants are the partner's of returning citizens, and obviously in such circumstances they will not have property of their own to move into.
The guidance simply says Quote Have adequate arrangements for the couple’s accommodation for the foreseeable future been made?
So you will need to show that you have the means to buy or rent suitable accommodation once in the UK and that you have somewhere to live until you have a place of your own; e.g. staying with relatives or friends.
If you have any evidence of a property search, e.g. correspondence with UK estate agents, this will help.
Thanks for your help and guidance.
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