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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7672
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My daughter in law arrived in the uk from Thailand firstly

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My daughter in law arrived in the uk from Thailand firstly on a 3 month holiday visa then returned to Thailand and had a 6 month visa she then got a fiancé visa and they married 10.3.2012. She has since been given a spouse leave to remain visa on 13.11.2014. She is now pregnant with baby due 16.10.2016. Her son who is Thai came to uk on 5.6.2016 and can also stay until 13.11.16. Although she has ta***** *****fe in Uk many times she has not passed. What options are open to her now? Can she apply to stay in uk and if so how long for and what qualifications will she need?


So, her first leave to remain as a spouse was given from 13/11/2014 to 16/10/2016.

Is this correct?


Customer: replied 1 year ago.
that's correct


Thanks for your question. I will try to help.

I think you have misunderstood the requirements at some point.

As she obtained her first spouse visa after 9 July 2002, she must complete 5 years residence in the UK before applying for “indefinite leave to remain” (it was previously just 2 years.

So, she can only apply for indefinite leave to remain once she has been on her spouse visa for 5 years. Before her visa will run out before she reaches this point, she must apply to extend it (all persons on spouse visas after 9 July 2012 have to).

The Life in the UK test is that test that you have to pass in order to be eligible for indefinite leave to remain. She is not required to pass this test to simply extend her visa, which is what she must do in October before her current visa expires.

She will extend her visa for a further 3 years, which will bring her up to 5 years total in the UK. Once she reaches 5 years she can apply for indefinite leave to remain provided that she has passed the life in the UK test at this point.

So, she has a considerable period of time until she needs the life in the UK test and should be able to extend her spouse visas relatively easily.

When she applied for her original spouse visa she would have had to show her knowledge of English test results (otherwise she would not have received her visa) so I would just check that the test she passed does not have a validity expiry date. If it does then she would have to take a further English language test but I presume this is not a problem since she would have had to passed it in 2014 when she applied for her original spouse visa.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,


Customer: replied 1 year ago.
Does the fact that she is having a baby influence the decision in any way? She is quite stressed thinking that the baby will be a uk citizen like my son( her husband) and her son and herself have to apply for visas. If she does not pass life in the uk at any time in the duration of the extended visa what happens then?


Her Thai son and her will have to apply for indefinite leave to remain eventuallyt. Once they have this they do not need to apply for any more visas.

Provided that your son was born in the UK to British parents, then the child (once born) will be a UK citizen. They will not need to apply for any UK visa since they are a citizen and may apply for a passport.

If she does not pass the life in the UK test during the further extended spouse visa then she would have to apply to extend her visa rather than apply for ILR to allow her more time to pass it. The life in the UK test is not particularly difficult and most people can pass it after devoting a little bit of time to it.

Please do remember to leave feedback.


Customer: replied 1 year ago.
She has ta***** *****fe in uk over 20 times and not passed so something is wrong! Is there a course that leads to this pass?

There are providers that offer preparation course. If you google you will doubtless find some.

Please leave feedback now, you will agree I have answered your original question.


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