durhamboy

For many reasons my Thai wife and I have decided to permanently relocate to Thailand.

We have been here 8 years and her current FLR Spouse visa expires in December.

Because of covid and selling our house etc. we may not be able to leave before her visa expires.

Citizens Advice and other immigration solicitors talk about a 30-day period of grace, i.e. if she left within 30-days of her visa expiry she would not face any criminal sanctions and, furthermore, would not be banned from re-entering the UK for 1 to 10 years. In fact one immigration solicitor mentioned a 90-day grace period.

I've tried to search for a government website that specifies this grace period. The only thing that I found was a 14-day grace period if you are re-applying for FLR. 

So my query is, is this concession something that is just done in practice rather than specified by HMG as a right? Anyone got any experience of this?

Btw, I realize that there is a special procedure now in place for requesting extensions due to covid. However, any request is not guaranteed to be granted so could cause us major problems if it was refused. Many thanks.

Thanks everyone. Think I'll give Ethiopia a miss!

A bit off topic but my Thai wife was told that in order for her to get free state quarantine she has to arrive on Thai Airways. If she goes on any other airlines she has to pay for quarantine. Anyone heard anything about this? Thanks.

Thanks guys. Yes Thai Airways are doing repatriation flights and there is a list of airlines on the Thai Embassy website - KLM is one of them as is Etihad. The schedules look weird especially for KLM but I guess it's because we live in weird times!

I've been looking at flights to Bangkok from the UK. It seems that nearly all flights before 1st January are not scheduled. For example, KLM London to Bangkok has no flights scheduled this year but has them scheduled every day in Jan, Feb, March next year. Other airlines are similar. Thai Airways have 1 a week in December but everyday from 1st. January.

Is there some sort of opening up of the airways from 1st. January?

Thanks Peter I'll bear that in mind

Howerde, many thanks for this. I took a quick look also and got the same quote i.e. 6,400 baht for 90 days. It doesn't ask for age so as I am over 65 it looks very attractive to me.

Does anyone know if this company policy (Tip - good name!) is accepted by Thai Embassies for the COE?

I'm trying to get my head around the minimum US$100k Covid-19 insurance required for a Certificate Of Entry (COE) into Thailand.

I understand that it has to be for the length of the visa. So for a 90 day non-O visa (based on marriage to a Thai) then the insurance is only needed for 90 days.

I presume that the 100k must be for medical expenses and not just repatriation expenses.

Is there a list of approved insurance companies that must be used or can I just go online and get insurance from any company?

I am over 65 and currently live in the UK. It seems a lot of insurance companies don't quote for old farts like me. Can anyone recommend an insurance company that ticks all the boxes for the COE requirements?

Thanks a lot.

19 hours ago, ChaiyaTH said:

One can usually only have one active passport at the time, so that makes using the old one fraud potentially. Should be showing up in the International shared databases too as far I know.

The new ones have 10 years, I can confirm, we were a few months too early for my son his passport and that one is still only 5 years.

Thanks ChaiyaTH, do you really think that Thailand and the UK both share and use an international database? Personally I doubt it but you might well be right.

Thanks Pontious. Interesting, I didn't know they were going to issue 10 year ones. Just googled it and apparently they started issuing 10 year ones last year.

I take your point that only the new one would be valid but how would other countries (e.g. UK Home Office) know that an "old" one wasn't valid?

My Thai wife always renews her Thai passport at the Ministry of Foreign Affairs (MFA) in Bangkok. She does this whenever we go back for a holiday. It's a quick, efficient and cheap service. Everytime she renews she also gets her old passport returned to her. The old passport still has some time left on it. The new passport starts from the date of application/issue and has a completely new number. There is nothing that I can see to say that the old passport is cancelled - no stamp, no writing, no cut-out corners etc.

So therefore it would seem that she has 2 valid Thai passports.

Anyone have any comments about this. Thanks.

https://www.gov.uk/government/publications/requests-for-personal-data-uk-visas-and-immigration/request-personal-information-held-by-uk-visas-and-immigration

Not sure if this is widely known but it is possible to make a Subject Access Request to the Home Office and see what information they hold on their files for people subject to immigration control. It is a free service. I made a request for my wife's records. It took about a month and I received (by email attachment) 50 pages of info they hold on her - visa applications, proof of status, travel history etc. Quite enlightening actually.

Thanks for the replies rasg & gt. We have been here 8 years and my wife cannot pass LITUK so she will have to wait until she is 65 to get ILR. GT - I thought that paying the IHS surcharge was one of the first things you did when applying online. Just have to see I guess.

Thanks wobblyjohn. I'm not sure about submission of documents with the covid situation. However, it is certainly true that FLR can be applied for at any time - even just a day after arriving in the UK if anyone was so minded!!!

On 1^st. October the Immigration Health Surcharge (IHS) is rising from £400 to £624 per annum. My wife's FLR expires in December but if she applies for her next FLR before 1^st. October it will save me £560.

I understand that she can apply for FLR at any time. If she applies before 1^st. October she will lose some time on her current visa. I understand the Home Office would add 28 days on to her new visa so she would lose a couple of months but it would still be financial worthwhile to apply early.

The question I have is what is the maximum time she would have to apply for FLR after paying the IHS surcharge? Could she pay the IHS surcharge before 1^st. October but wait until December to apply for FLR? If so that would mean she wouldn't lose time on her visa.

Many thanks.

I presume that your partner is in the UK on a visitor visa and your son has Thai nationality.

If you were to go back now with them (even if it was possible) you as a non-Thai national would need to pay for your own quarantine - at least £1000. Also you would need US$100,000 covid health insurance (presumably valid for a year). Such insurance would be very difficult to get. So your upper estimate of total cost of £5000 is almost certainly nearer the mark if perhaps a bit below the actual total cost.

If you decide to split up and she goes with your son then you have no real idea when you will be together again.

The penalties for visa overstay all not totally clear. If the overstay comes to light at the border upon exit then she could be banned from re-entering the UK for 1 year up to a maximum of 10 years. I agree with The Old Git that in your circumstances there would probably be no ban. There must be a lot of people who are in this situation through no fault of their own. Good luck.

I think a lot of people will be experiencing such difficulties. My advice would be to contact the Coronavirus Immigration Team (CIT). See website ;-

https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

"If you intend to leave the UK but are not able to do so by 31 August 2020, you may request additional time to stay, also known as ‘exceptional indemnity’, by contacting the coronavirus immigration team (CIT).

The indemnity does not grant you leave but will act as a short-term protection against any adverse action or consequences after your leave has expired.

The Coronavirus Immigration Team will provide you with further advice on what you need to do to request an indemnity. This will include providing details of the reason why you are unable to leave the UK and supporting evidence, for example, a confirmed flight ticket with a date after 31 August or confirmation of a positive coronavirus test result."

Thanks for the replies. Pretty much confirmed my thoughts about it. As rasg says in his second para, it mostly benefits people who want to live 6m in UK / 6m in Thailand. Something retirees might consider.

I have a few thoughts regarding the UK 10-year standard visitor visa.

The cost of this visa is £822 i.e. a one-off payment. Holders of this visa do not have to pay the NHS Surcharge. The maximum time the holder can spend in the UK is 6 months per visit. I can't find anything that limits the number of visits the holder can make to the UK. It therefore seems technically possible (though highly improbable) that the visa holder could make "border runs" e.g. after 6 months in the UK nip over to France for a day and back. I suppose the Border Force Official would deny entry in such a case. So how about another scenario - visit UK for 6 months, go back to Thailand for 3 months then come back to UK for 6 months etc. etc. At what point would the BFO say that is not within the guidelines of the visa and deny entry?

It just seems to me that this could be a very good way of spending significant time in the UK without having to go through all the hoops and costs of a settlement visa e.g. english test, LITUK, NHS Surcharge, TB test, FLRs etc.

Obviously it would not be practical for many people. But for others (e.g. retirees) it could be worthwhile.

Any thoughts appreciated. Thanks.

14 minutes ago, ThailandRyan said:

You folks are definitely not paying attention to who can arrive and who can not.  No international tourism is entering Thailand. Outbound flights are those trying to get home who have been stuck here as tourists and flights keep getting canceled.  Flights arriving are bringing in Repatriated Thais and commerce.  Look at the CAAT website for info before you think to much as a Thai would say.

Sorry mate but take a look at the article on page 1. It talks about international flights not resuming until September. It doesn't say anything about people or nationalities etc. So the article is at best poorly worded and therefore extremely misleading or, at worse, factually wrong.

6 hours ago, mjnaus said:

Commercial flights arriving daily, from lot's of destinations across the globe. Plenty of flights to be had. Which this announcement even dumber, as flights never stopped... Options are a more limited than usual, and fares might be more expensive, but again, plenty of commercial flights arriving and departing daily.

https://www.bangkokairportonline.com/flight-status-arrivals-departures/

Totally agree - loads of international arriving flights. Maybe not as many e.g. can't see any Air Asia. Some from "risky" places like Kolkata.

Actually I don't agree that LITUK is as easy as some of you seem to be saying. Most Brits couldn't pass LITUK without studying it - and quite a lot wouldn't pass with studying it. Also the sample test questions are not exactly the same as the actual test questions. By that I mean that they change the wording around so it is asked in a different way. AFAIK it is not possible to get the actual exact questions.

My wife studied LITUK for 2 years (with the Thai translation version) and failed both times she took it. She got 12 right first time and 10 the second. The pass is 18 out of 24 so she was nowhere near it. I have stopped her doing it now because I didn't want to put her through it anymore.

The initial visa is usually for 2 years 9 months which would make the BRP expiry date correct. I don't think you have anything to worry about.

37 minutes ago, Tony M said:

This is from UKVI published guidance just one month ago.  See Section 4 on the first page.

Approved_Secure_English_Language_Tests_21.5.2020.pdf 144.71 kB · 7 downloads

Yes your right Tony it does say 2 year validity. This seems a bit at odds with Further Leave to Remain requirements where there is no 2 year limitation. I suppose the rationale for that would be that a person in the UK is constantly practising their English whilst someone in Thailand may not be.

Tony,

As far as I know an English test pass is accepted indefinitely. Somewhere in the archives of this forum (about 6 years ago) is a lengthy discussion about this and I believe some sort of ruling was obtained they would be still be valid. It is true that some tests state on the certificate that they are valid for 2 years but I think this is just the testing body covering their backsides. However, if it is a TOEIC test pass then that may be a problem as TOEIC were struck off as a result of fraud (highlighted by the BBC Panorama programme). I suggest the OP check the certificate and see if the examining body is still on the list of approved testers.

15 hours ago, sometimewoodworker said:

not may be, is.

if you do not report your change of permanent address you are lying, so wriggle all you like you are lying.

 

ignorance of the law is no excuse 

A treaty!

It is not grey. If you do not inform HMG as you are required to do you are lying by omission. It’s as black and white as it gets.

 

You can choose to do that but stop pretending. You may never get caught, I don’t know the penalties but HMRC is not known for its forgiving nature.
 

If all you have is your pension you are not going to find lt enough to live on and if you have enough income you will have to put in tax returns, another way to get tripped up, then there is the winter fuel payment etc. 
 

Oh, what a tangled web we weave. When first we practice to deceive!

 

 

You see things as black or white - I don't. And if things are so black or white then please tell me under what law a person living abroad permanently is required to tell HMG. And I don't mean guidance please tell me the actual law that would be broken. Thank you.