Visa to stay in UK for more than 6 months

[chris1101]

Is it possible under the UK Government visa regulations for any of my wealthy children to sponsor my Thai wife (their step-mother) for a lengthy visit to the UK - my income can support us but I cannot meet the financial requirements for more than a six months visitor visa?  She has visited before (twice for 6 months in 2006 and 2016 and once for two years from 2008 to 2010) and has always complied with the terms of her visas. As an aside, I have been married and lived in Thailand for 11 very happy years but in February this year I had to return to UK for health reasons and treatment and that is where I am likely to remain as no-one seems willing to provide affordable health insurance for an ill 71 years old.  Thank you for any advice/assistance you can give.

[7by7]

The maximum time allowed in the UK as a general or family visitor per visit is 6 months, regardless of the term of the visa held.

 

Whilst it is not a hard and fast rule, the convention is that a visitor should not spend more than 6 months out of any 12 in the UK. Obtaining a longer term, up to 10 years, visit visa and then attempting to exceed this by doing some form of 'border run' would probably result in her being refused entry on her return to the UK. Unless she can satisfy UK Border Force at her port of entry that she is a genuine visitor with a genuine reason for spending so long in the UK as a visitor and is not using her visit visa to by-pass the settlement rules.

 

Apart from a student or work visa, there is no visa type which will allow her to remain in the UK for longer than 6 months except settlement as your wife except, if she can qualify, a visa as a retired person of independent means.

[bobrussell]

If you are entitled to certain disability allowances or carers/attendance allowances your wife might be exempt from the financial requirement linked to a settlement visa. It will still be necessary to demonstrate that the applicant can be accommodated and maintained adequately without recourse to public funds. 

There really are only two choices for the vast majority of people, visit or settlement visas.

Edited July 5, 2018 by bobrussell

[chris1101]

Thank you 7by7 and BobRussell. Apologies for delay in replying but I have been detained in hospital yet again. I understand the 6 months visitor visa requirements as my wife has had them several times over the last 12 years.  Due to my health (I do not receive any carers/attendance allowances) I would like her to stay for, say, 2 years: whilst I have the means to support her, I cannot meet the income/savings requirements and for that reason I was wondering if any one of my children could sponsor my wife''s visit - they include two solicitors and a finance manager and all have incomes savings far in excess of the governments financial requirements.  I have chosen two years as my health is unlikely to exceed that time span - in any event my wife wants to be with me but come my demise she will return to her family in Thailand as she would not want to live in the UK on her own.

 

Many thanks for any further advice.  If the worst comes to the worse then it will be another 6 months visa then apart for another 6 months.

[Pat in Pattaya]

So you have 2 wealthy sons who are happy to sponsor your wife but they won't pay your health insurance?

[7by7]

Your sons could certainly sponsor her for a visit; but the same restriction on length of sttay would apply; max of 6 months per visit and usually no more than 6 months out of any 12 in the UK.

 

As far as I'm aware, the only way for her to stay the 2 years you wish is for her to apply for settlement.

 

If she does this then your sons cannot 'sponsor' her; only you, her spouse, can. Neither can you use their funds to meet the financial requiremnt per se.

 

However, if they were to gift you the money then after you had held it in the approrpiate cash account for 6 months you can use it to meet the requiremnt through cash savings.

 

But it must be a gift, not a loan.

 

[jimn]

Hi Chris. Good accurate advice as always from 7by7. I am however curious. You state that 

 

"She has visited before (twice for 6 months in 2006 and 2016 and once for two years from 2008 to 2010)"

 

Considering the fact that any stay over any 12 month period would only be 6 months, how did she manage to stay 2 years. Did she overstay her visa or did she have a settlement visa before?