Change to visa rules for settlement in the UK

[Big Boy]

I'm asking this question on behalf of a friend of mine who is planning to bring his Thai girlfriend back to the UK to marry her.

I was talking (on 2 seperate occassions) to 2 friends over the weekend regarding their Thai wives who had been in the UK less than 2 years. They both told me that the 'indefinite stay' visa rules were due to change soon. Briefly they said:

1. Before you will be able to obtain the indefinite stay visa, your wife will have to pass the UK Nationality test. This is a test that I would find it difficult to pass without a lot of research/revision.

2. If the test is not passed, the indefinite stay visa will not be issued, but wives will be able to renew their current visa at a cost of approx 750 Pounds every 1/2 years. I say 1/2 because the friends differed on their stories.

I have searched on the internet and can find nothing on this. I would like to know if anybody has heard of this change to visa rules, and if anybody can point me to where the new rules are laid down?

If true, this is obviously quite an expensive stealth tax being applied to those poor souls trapped by their Thai lover (I was trapped many years ago, and still don't regret it - however, being trapped in the 80's was a lot cheaper than this).

Thanks in anticipation.

[HHTel]

This rule for non-nationals was brought in some 5 years ago. As far as I know, it doesn't apply to a spouse marrying a UK citizen. Certainly my wife who is now a British Citizen would have failed miserably.

[Big Boy]

HHTel,

That rule 5 years ago referred to gaining UK citizenship. The government are now (so the story goes) extending the requirement to all non-EEC foreigners before granting them indefinite leave to remain. Until they pass the test, they are going to be charged 750 Pounds every 1/2 years depending on who was correct (see OP).

I emphasis that this is just hearsay to me at the moment, and I am trying to substantiate whether this is actually going to happen.

[lomuamart]

Yes BB.
There is apparantly a "test" now. As you've said, it's laid down from "Settlement Visa" to "Indefinite Leave to Remain",
I tried the test and got 16 out of 20. Not quite sure what that means.
I've spent the past 30 mins looking for the link but couldn't find it.

[vistana]

Hi Everyone,
As far as I am aware this new test comes into effect for all applications for settlement visas from the 1st April 2007.
It will also apply to Thai wive's married to a UK citizen who are currently in the UK on a two year limited leave to remain visa, when they come to apply for the settlement visa at the end of their current two year visa.
However they also may have to take an ESOL English language exam first to prove they can read, write and speak good english, if they can not satisfy the Home Office that they can understand, read and write english.... they may not be allowed to take the Britishness Test!!
A lot of local colleges are providing the ESOL language courses free in our area at the moment but they are nearly all full!
I will try to find the link and post it here.
My wife went to one of the many english language schools when she first arrived in the Uk and so her pre advanced english qualification should be sufficient to let her go straight to the Britishness Test, which I understand costs thirty eight pounds sterling and is a multiple choice test, there is a book available to help them revise which is nine pounds niney nine pence. Available from all good bookshops!!

[vistana]

The link below may be of interest to those who will have to take the test.
Regards
Vistana

www.britishness-test.co.uk

[vistana]

Sorry ,
just found another link which will be usefull, from the IND website.

http://www.ind.homeoffice.gov.uk/6353/1 ... oc#KOLtest

Vistana

[lomuamart]

It'll come to me tomorrow and I'll try to find the link.
As has been said, it's a multiple choice thing. Some I vaguely remember went along the lines of
Who is the Head of State?
a) The Queen
b) The Prime Minister
c) The Head of the Church
d) etc etc etc.

At least I got that one right.

More difficult was along the lines of
Who were the original founding members of the EEC?
a) Germany, France. Holland, Lichenstein etc etc
b) Ditto, but with one other country substituted for another.
c) Just give up - and I don't really care.
d) etc etc.

I gave up and guessed wrong. BTW, some of the countries listed above may not even be in the EEC for all I know. Certainly, I messed up on Lichenstein.

I couldn't believe it. As I said, I took the test and got 16 out of 20. At least 4 correct answers were wild guesses.

I wish I could find that link, but I've given all you Brits a headstart.
Tomorrow.

[HHTel]

The way I read this, it doesn't debar wives/husbands from settling in the UK. They can take the test indefinately and remain in the UK ad infinitum but until they pass, they will not be allowed citizenship papers.

Still a lot easier than a foreignor gaining Thai citizenship!!

[Big Boy]

Guys,

Thanks a lot. Some very good information there. However, what I'm really after is a link in to the new rules.

HHTel,

I don't think anybody is disputing that they can stay ad infinitum, but the gotcha now is that the visa will have to be re-newed every 1/2 years at a cost of 750 Pounds a time. That equates to 30 Pounds or 2,000 Baht per week to stay in the UK.

The only way to avoid this ongoing cost is to pass the English test - something that my wife couldn't do after being in the UK for a long long time. You have to remember that Thais are not well educated. Lucky my wife is a fully naturalised British citizen - all she had to do was swear allegiance to the Queen. How many Farang reading this could pass a Thai test if required?

[caller]

BB - have a look on Thailand-UK. There is expert legal guidance there - literally.

One member has even started an e-petition on the Prime Minsters website in protest against the new visa charges.

Probably a waste of time.

[Big Boy]

Thanks caller, will get on to it in the next 30 minutes

[vistana]

Hi Big Boy,
Have you tried this link, it may be of use to you, along with the other two I posted earlier.

http://www.lifeintheuktest.gov.uk

Regards
Vistana