visa help please?

[jobday]

Hello to all,
New to this but looking for some help and advice, if anyone would be so kind as to give some!:Help1:
My wife, daughter and myself are thinking about a move back to the UK around May of next year, we have been living in Thailand for the past 4 years, we and are somewhat confused as to what visa to get for my wife.
Our one year old Daughter has both Filipino and UK passport so no problem there. We are not sure if will will all stay in the UK or head back to Thailand after a visit.
Does anyone know if my wife could apply for a "full time??" visa in the UK after entering on a visitors visa?
Any help and advice on the matter would be great!
Salamat po!

[joebloggs]

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 (knowledge of language and life in the United Kingdom ).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 Life in UK 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 Life in UK 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).

as for a visit visa she could come to the uk for up to 6 months, but switching from a visit visa to a settlement visa within the UK is not really possible, as she would need entry clearance, trying to switch to married or civil partner status is not possible from within the UK if the current visa is for 6 months or less (this restriction can be seen in the rules in para 284 (spouses or civil partners)

[jonathan47]

yep spot on joe,
jj

[Arthur Little]

... trying to switch to married or civil partner status is *not possible from within the UK if the current visa is for 6 months or less (this restriction can be seen in the rules in para 284 (spouses or civil partners)

:iagree: *Sad ... but all too true, I'm afraid! In the meantime, however, I should like to take the opportunity of welcoming you to the forum. :Hellooo:

[jobday]

Thank you all so much for the advice!
One more question,
Though my wife and i have been together for over 4 years now, we will only have been married for 6-7 months by the time our trip to the UK comes around, will my wife still be able to apply for "Indefinite Leave to Enter"?
Thank you all so much for the advice and help with this!

[joebloggs]

:Erm: a combination of unmarried and married, i would have thought if you have evidence that you have lived together for 4yrs then maybe they will give your wife ILE, if not they will give her a 27 month spouse visa instead.

[darren-b]

:Erm: a combination of unmarried and married, i would have thought if you have evidence that you have lived together for 4yrs then maybe they will give your wife ILE, if not they will give her a 27 month spouse visa instead.

You may get ILE if you have been living together for 4 years as an unmarried partner so it shouldn't matter if there is a combination of unmarried and married.

http://www.ukvisas.gov.uk/en/howtoapply/infs/inf4husbandswivespartners#Q5

At the moment it is really worth getting ILE rather than the spouse visa if you can as it means you'd be under the existing rules rather than the new rules (probationary citizenship, etc) that will be introduced in July 2011.