Failed to qualify for ILR

**ceebee** · 23rd Aug 2012, 08:43

If a Thai wife fails to qualify for ILR after two years either through stupidity or laziness, can she get an extention to her settlement visa? If so, for how long and at what cost? Assuming she NEVER qualifies, what then?

**vanbobble** · 23rd Aug 2012, 08:54

under the new rules she can apply for a further 24 month visa i think..

essentially if you have enough cash to keep paying £800 for visas, and continue to meet the financial requirements she could remain in the country without ever passing the B1 or LITUK test

dont think this would be a good idea for your wife though, be proactive and help her along the way

**Gavva** · 23rd Aug 2012, 09:31

If I've read the rules correctly (until any such future changes to the rules may happen) than I believe in theory a Thai spouse can continue to apply for FLR every 2 years and can do this an unlimited amount of times, in theory forever if necessary.

Even though new rules have been recently introduced they do state that if the spouse entered the UK before/on July 9th than each FLR application will be considered under the older (and much less strict) rules, no such financial requirement etc. If the spouse entered after July 9th than everytime they apply for FLR they must meet the new, much tougher rule.

**Gary & Nok** · 23rd Aug 2012, 10:34

I think at least SOME work will be required as she will need to fulfil the English language requirement for FLR!

From Section 8 of the current FLR form

From 29 November 2010, a person who applies to enter or remain in the UK as a spouse, civil partner, fiancé(e), or proposed civil partner, unmarried partner or same sex partner of a British citizen or person settled in the UK or as a post flight partner of a refugee or beneficiary of humanitarian protection is, unless they are exempted from the requirement, required to show that they can speak and understand English.

**Tribal Fusion** · 23rd Aug 2012, 13:59

Originally Posted by ceebee

If a Thai wife fails to qualify for ILR after two years either through stupidity or laziness, can she get an extention to her settlement visa?

I think there are quite a lot of stupid and lazy Thai girls in this country, they fit in well with some of the natives!

C'mon lads where is your sense of humour...

**livingwithathaigirl** · 23rd Aug 2012, 15:50

Originally Posted by ceebee

If a Thai wife fails to qualify for ILR after two years either through stupidity or laziness...

I love the bitterness and venom in this!

On a serious note, it's probably not a good sign for the relationship if one person's not trying.

- - - Updated - - -

Originally Posted by Tribal Fusion

I think there are quite a lot of stupid and lazy Thai girls in this country, they fit in well with some of the natives!

Not allowed to say things like that, tribal! Handyman'll get you. Say his name 3 times in the mirror...

I don't agree with what you said actually (see there, handyman et al, I do say good things!). I think the environment has much more to do with behaviour and laziness. My wife is much more hard-working, especially about English, than she was when she was in Thailand. So am I. It's like going to Germany and noticing how tidy the country is, you tend to drop litter less. And maybe a little of it is wanting to make a good new start.

**Tribal Fusion** · 23rd Aug 2012, 15:51

Only 3 dislikes so far, come on, more, more, more...

I'll strike back, watch out!

**maokaang** · 23rd Aug 2012, 15:55

Four dislikes now.

Originally Posted by Tribal Fusion

I'll strike back, watch out!

Please do. It'll give us an excuse to suspend you again.

**Tribal Fusion** · 23rd Aug 2012, 15:57

Originally Posted by livingwithathaigirl

Not allowed to say things like that, tribal! Handyman'll get you. Say his name 3 times in the mirror...

I don't agree with what you said actually (see there, handyman et al, I do say good things!). I think the environment has much more to do with behaviour and laziness.

Without going into specifics, there are lots of lazy people in this country and some of the immigrants from south east Asia were very lazy in their own country and will be even lazier here!

**Gary & Nok** · 23rd Aug 2012, 17:08

Originally Posted by maokaang

It'll give us an excuse to suspend you again.

Oops!

I thought I just did that in my head

**livingwithathaigirl** · 23rd Aug 2012, 17:31

Your wife doesn't have a brother who works in a gym in Bangkok, does she, Gary?

**Gary & Nok** · 23rd Aug 2012, 19:24

You've lost me!

**livingwithathaigirl** · 23rd Aug 2012, 19:45

Just noticed your location and taking a guess. I used to go to a gym in Bangkok where the manager had a sister who lived in Birmingham.

**Gary & Nok** · 23rd Aug 2012, 20:20

Oh right! No, not her.

**Millsey** · 23rd Aug 2012, 20:44

Going back to the OP's question, I thought the new rules said you can apply for 30 months FLR if your 2 year visa expires and you haven't met the english language requirements for ILR.

I just looked at the UKBA statement of intent and it said this:

If an applicant fails only the knowledge of language and life in the UK requirement at the indefinite leave to remain stage, they will be granted further leave of 30 months to give them more time to meet the requirement, at which point they can immediately apply for indefinite leave to remain if they continue to meet the other requirements. If they remain unable to meet the knowledge of language and life in the UK requirement, they will be able to apply for further leave until they can do so.

**Gary & Nok** · 23rd Aug 2012, 21:01

If that is the case Milsey then they have not reflected that in the FLR form.
There is no option to say I have not passed the English test. Well, not that I can see anyway only the exempt box but you have to be over 65, have a physical or mental condition or there are exceptional circumstances to prevent you from meeting the requirement.

**toddmeister** · 23rd Aug 2012, 21:21

Gary, I think thats because the passage that Millsey quotes relates to the new English requirement which doesn't come in until Oct '13 and so I guess the forms will change for applications made after that date

**Millsey** · 23rd Aug 2012, 21:33

Interesting point, Gary.

I'd be curious to know how people under the old rules dealt with the same problem when applying for FLR because they had difficulty meeting the language requirements.

I imagine there must be people out there who had problems passing the LITUK test and had to apply for FLR when their 2 year visa reached expiry. I wonder how they dealt with it then on the FLR form?

**Gary & Nok** · 23rd Aug 2012, 21:55

There wasn't a language requirement (as such) before. You either passed the LITUK or did an ESOL (with citizenship) course and if you didn't pass or do either you just applied for FLR (no such strings as now).

**Tribal Fusion** · 23rd Aug 2012, 22:14

Thanks for the dislikes.

On a serious point, I don't how many of you on here have had experience of VFS recently, I've been there on 10 separate occasions now. I've seen single Thai girls and also Thai/farang couples either submitting visas or picking up passports, and quite a few of them seem to be the worst examples of what Thailand has to offer.

Neither the OP or myself was commenting on forum members partners, unfortunately this country and other perceived to be wealthier countries will always attract the less desirable types and freeloaders.

I have a friend who lives in the same town as me, his wife is waiting for her settlement visa to be approved, she hasn't worked since August 2011, she lives in Chiang Mai, the reason she hasn't worked, she doesn't like working for Thai's, he sends her £200 every month and now funnily enough her mother hasn't got a job either. This is what gives Thai girls a bad reputation, she also claims to have broken her arm in motorbike accident and my friend has given her £1000 to get her arm fixed, he took a bank loan out for this.