Thailand-UK ประเทศไทย-สหราชอาณาจักร

Forums ฟอรั่มส์

Thanks Thanks:  0
Likes Likes:  0
Dislikes Dislikes:  0
Page 1 of 2 12 LastLast
Results 1 to 20 of 40
  1. #1
    Member สมาชิก
    Join Date
    25 Dec 2008
    Location
    Northwich, Cheshire
    Posts
    65

    Default

    OK, now my wife has a settlement visa, gave her 27 months for some reason, so can stay here till February 2011, now i here she has to do some college courses and some tests before getting ILR, now i know we have plenty of time to get this done but i would rather do things ASAP only problem is i know nothing about them, as in what it actually is she has to do and where she has to go to do it, so any help/advice much appreciated.
    Cheers in advance

  2. #2
    Banned
    Join Date
    7 May 2003
    Location
    Woking & Bangsu
    Posts
    6,334

    Default

    To qualify for Indefinite Leave to Remain a spouse needs to have been legally resident in the UK for 24 months. Spouse etc. visas used to be valid for 24 months which caused a lot of problems and expense for those who had to delay travelling once they had been issued with their visa. To solve this problem the government changed the length of the visa to 27 months to allow people time travel.

    Applying for settlement in the United Kingdom and the links from there will tell you what you need to know about ILR.

    One of the requirements is she demonstrates that she has sufficient Knowledge of language and life in the United Kingdom. She can do this in one of two ways. If her English is good enough (ESOL entry level 3 or better) then she can take the Life in the UK Test. Otherwise she will need to enrol on an ESOL with Citizenship course and make progress from one level to the next. For where to take the course, fees etc. you should contact your local education department.

    Another requirement is that you show you have been living together by providing official letters etc. addressed to both of you at the same address covering the entire period. So you should add her name to your utility bills, council tax etc. Register her with your GP; this is necessary anyway and her NHS card is another proof of her address.

    Finally, welcome to the UK and all the best for 2009 and beyond.

  3. #3
    Member สมาชิก
    Join Date
    25 Dec 2008
    Location
    Northwich, Cheshire
    Posts
    65

    Default

    Sorry my bad, i'll be a bit more specific, yes i know got to be resident for 24 months before you can apply for ILR, i was more interested in finding out about the college courses this ESOL level 3 you mention, now my wife can speak, read and write English so no problems there, so what does she have to do, does she still have to do some college course or just turn up and say i can speak, read and write give me a certificate saying so and is it any college, this is what i have no clue about, we are currently in Northwich Cheshire and this area is as alien to me as it is to her. Cheers in advance.

  4. #4
    Banned
    Join Date
    7 May 2003
    Location
    Woking & Bangsu
    Posts
    6,334

    Default

    If she is confident that her English is good enough to understand the study materials and the test then she can study for and take the Life in the UK test. She does not need to enrol on any specific course for this but can study at home using the official study guide or similar.

    Have a look at What you need to know

    For where to take the test see Find a test centre.

    The LitUK test is not a test of her English, it is a test of her knowledge of life in the UK. However by being able to pass it she also proves that her English is of a sufficient standard. So there is no need for her to take an ESOL course as well.

  5. #5
    Moderator John's Avatar
    Join Date
    11 Sep 2002
    Location
    Birmingham, England
    Posts
    8,384

    Default

    now my wife has a settlement visa, gave her 27 months for some reason, so can stay here till February 2011
    In another topic you mention that you and your wife have been married for 6 years ..... in excess of 4 years. Accordingly, her visa, are you able to confirm that it has been endorsed "KOL required"?

    The point is this. With that endorsement, as soon as your wife has passed the Life in the UK Citizenship test, or got a completion certificate from a combined ESOL/Citizenship course, she could apply for ILR immediately, instead of needing to wait until she has been in the UK nearly 2 years.

    If her visa does not have that endorsement, it is not too late to get the visa corrected, in the UK.
    John

  6. #6
    Member สมาชิก
    Join Date
    25 Dec 2008
    Location
    Northwich, Cheshire
    Posts
    65

    Default

    I have her passport open at the visa page in front of me, but can't see any endorsements where should i be looking, but yes married 6 years but this is the first time either she or our daughter has set foot in the uk, my daughter has a british birth cert and british passport so no worries with her.
    Cheers

  7. #7
    Moderator John's Avatar
    Join Date
    11 Sep 2002
    Location
    Birmingham, England
    Posts
    8,384

    Default

    No endorsements at all? Not even one that says "No recourse to Public Funds"?

    If not, please you please post full details of what is actually printed on to the visa (but omitting any name details!).
    John

  8. #8
    Moderator
    Join Date
    28 Jun 2003
    Location
    London/Bangkok
    Posts
    2,437
    We do not inherit the Earth from our ancestors; we borrow it from our children.

  9. #9
    Member สมาชิก
    Join Date
    25 Dec 2008
    Location
    Northwich, Cheshire
    Posts
    65

    Default

    Originally posted by John:
    No endorsements at all? Not even one that says "No recourse to Public Funds"?

    If not, please you please post full details of what is actually printed on to the visa (but omitting any name details!).
    Yes of course it says 'no recourse to public funds' but other than that it has nothing other than personal details and spouse of 'my name and birth date' and valid until 25/02/11.

  10. #10
    Moderator Tobias's Avatar
    Join Date
    20 Jun 2003
    Location
    UK/USA
    Posts
    16,560
    Blog Entries
    44

    Default

    What would normally be expected in your circumstances Buriramboy is the endorsement "D: SETTLEMENT: SPOUSE/CP (KOL REQ): 27 months: Code 1". Had this endorsement been put on your wife's entry clearance your wife would be able to apply for ILR as soon as she meets the KOL requirements. Presumably the endorsement is "D: SPOUSE/CP" with your name and DOB followed by "LTE 27 months CODE 1"?
    Tobias - โทเบียส

  11. #11
    Moderator John's Avatar
    Join Date
    11 Sep 2002
    Location
    Birmingham, England
    Posts
    8,384

    Default

    If the visa does not have the "KOL REQ" endorsement, this is the webpage that is of interest to you .... click here.
    John

  12. #12
    Member สมาชิก
    Join Date
    25 Dec 2008
    Location
    Northwich, Cheshire
    Posts
    65

    Default

    This is what it says letter for letter......

    visa spouse/cp - spouse/cp of (my name) (my birthdate)

    no recourse to public funds

    and that is it, bar wifes name , DOB, visa expirey date etc.

  13. #13
    Moderator John's Avatar
    Join Date
    11 Sep 2002
    Location
    Birmingham, England
    Posts
    8,384

    Default

    Then I would say that you need to write off to Croydon and get the visa corrected. You are certainly entitled to the "KOL REQ" endorsement.
    John

  14. #14
    Member สมาชิก
    Join Date
    25 Dec 2008
    Location
    Northwich, Cheshire
    Posts
    65

    Default

    Ok cheers, give me a hand then, i write to Croydon saying what exactly as i've never heard of this endorsement.
    Cheers
    Ali

  15. #15
    Moderator John's Avatar
    Join Date
    11 Sep 2002
    Location
    Birmingham, England
    Posts
    8,384

    Default

    If I were you I would not send any actual documents at this stage, but would enclose a photocopy of the Thai marriage certificate, the original and the translation into English, and also your wife's passport .... the name/pic page and the page with the spouse visa.

    Refer to those documents and say that you now understand that because we had been living together, married, outside the UK for in excess of four years that the visa should have the "KOL REQ" endorsement. Ask what needs to be done in order to get that endorsement applied to the visa.

    You will probably first get a simple acknowledgment. Later you will get a letter asking for submission of your wife's passport, and possibly also the marriage certificate. They should also ask for a couple of passport-size pics of your wife.

    Send off whatever they request and a bit later you will receive back those documents, and the current visa cancelled and replaced by a shiny new one .... with the required endorsement! No fee is involved. After all they are correcting their mistake.

    If you don't do this, don't be tempted to simply apply for the ILR (following test pass, or issue of completion certificate). On a different forum someone did just that, and the ILR application was refused! When they complained .... they simply did not know about the "KOL REQ" endorsement .... a lot of correspondence took place, but to cut a long story short, the spouse visa was corrected with "KOL REQ" being added, and then the refusal of the ILR was overturned. Great! But it took six months to get that sorted out.

    Far better to get the current visa altered first.
    John

  16. #16
    Member สมาชิก
    Join Date
    25 Dec 2008
    Location
    Northwich, Cheshire
    Posts
    65

    Default

    Ok cheers mate, as i said all this stuff is new and alien to me, just staying at a friends house at the moment, soon as i get something more permanent sorted out in 3-4 weeks i'll send them off a letter. This is why i signed up with this forum as i know f-all about how things work in the UK these days after living in Thailand for 9 years, however i hope i can also be an asset to this forum if anyone wishes to tap into my experiences over in LOS.
    Cheers again

  17. #17
    Banned
    Join Date
    7 May 2003
    Location
    Woking & Bangsu
    Posts
    6,334

    Default

    For the benefit of those who may not know, may I explain what "KOL REQ" means?

    As Buriramboy and his wife have been married and living together in Thailand for more than 4 years his wife does not need to live in the UK with him on a spouse visa for two years to qualifiy for ILR; she already qualifies for Indefinite Leave to Enter (which to all intents and purposes is the same as ILR).

    However, since the introduction of the 'knowledge of life in the UK' requirement for indefinite leave she cannot be granted this until she has satisfied this KOL requirement. As it is impossible to take the LitUK test outside the UK she should have been issued with a visa endorsed 'KOL REQ' and once she had passed the test (or completed a suitable ESOL with citizenship course) she could apply for ILR without having to wait for the end of two years.

    John, is it actually necessary for her to have her visa altered? What would happen if she took the Lituk test and then simply waited for her visa to expire before applying for ILR? In the case you mention, did they apply after two years residency or before? As she effectively has, through no fault of her own, been issued with the wrong visa, could this cause any problems?

  18. #18
    Moderator John's Avatar
    Join Date
    11 Sep 2002
    Location
    Birmingham, England
    Posts
    8,384

    Default

    John, is it actually necessary for her to have her visa altered?
    You are right, she could just wait until near the end of the current spouse visa. However, given the changes to legislation it is highly recommended that she gets her ILR as soon as possible, and with the "KOL REQ" endorsement on her visa, that is as soon as she has passed the test, or completed the course.
    John

  19. #19
    Member สมาชิก
    Join Date
    25 Dec 2008
    Location
    Northwich, Cheshire
    Posts
    65

    Default

    Ok when write a letter to Croydon and send my wifes passport to them at some point in the near future, i obviously am going to need a copy of the marriage paper to show i have been married 6 years, now all i have are the 2 Thai originals from the amphur office, now at some point i must have had an official English translation to get my daughter a British passport and bith certificate 5 years ago, but it must have been lost over the years, so how in the UK do i go about getting my Thai marriage cert translated so Croydon will accept it or obtaining a marriage cert in English????
    Cheers in advance again lads.

  20. #20
    Moderator Tobias's Avatar
    Join Date
    20 Jun 2003
    Location
    UK/USA
    Posts
    16,560
    Blog Entries
    44

    Default

    Didn't you have a translation of your marriage certificate for the settlement visa application?
    Tobias - โทเบียส

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •