Settlement/ Visitor Visa Advice

[tony2006]

I have a brief query regarding visa options to UK and would appreciate any thoughts.

Basically I am a British Citizen maried To a Thai female for a number of years. Some years ago we decided to utilize the land that she owned to start a small enteprize. However with our funds running low this meant I had to return to the uk , found employment and subsequently have been sending funds to my wife.

My wifes business commitments were such that she was unable to leave it unattended and it was more convenient for me to visit .

The situation now is that the business is sufficiently established that m wife can leave unattended for short periods and now wishes to be with me in the UK.

Here lies my Dillema which Visa ; Family visitor visa or settlement.

With my wife having an established business and property ,House, will the ECO think she is not intending to settle in the UK.

Family Visitor visa ideally we would prefer a visa that allows my wife the freedom to return to Thailand and backto the UK without having to constantly re apply for visas every 6 months.

Regards

tony2006

[vinny]

As her intention is not to settle in the UK, a long term family visit visa application would be appropriate.

[Mahout Angrit]

Where is she likely to spend the bulk of her time?

If she is a visitor to UK she shouldn't be trying to spend more than 6 months in UK every 12 months whatever visitors visa she has.

If she is settling in UK she shouldn't be spending more than half of her time in Thailand otherwise it will be difficult to satisfy the requirements for LTR.

[tony2006]

Where is she likely to spend the bulk of her time?

If she is a visitor to UK she shouldn't be trying to spend more than 6 months in UK every 12 months whatever visitors visa she has.

If she is settling in UK she shouldn't be spending more than half of her time in Thailand otherwise it will be difficult to satisfy the requirements for LTR.

My own thoughts are it would be diificult to satisfy the ECO that my wife is coming to settle in the Uk whilst she maintains a business and property in Thailand , especially when itwould require her to return to Thailand frequently for its maintenance. It is envisaged that she would spend 8 months UK / 4 months Thailand in a 12 month period on assumption visas obtained.

We would notwant her to sell or give up the property she owns in Thailand, and really waqnts to visit he Uk because I am presently lving and working in the UK (British Citizen)

[vinny]

As Mahout Angrit said, a visitor should really only spend at most six out of twelve months in the UK.

[Mahout Angrit]

My own thoughts are it would be diificult to satisfy the ECO that my wife is coming to settle in the Uk whilst she maintains a business and property in Thailand , especially when itwould require her to return to Thailand frequently for its maintenance. It is envisaged that she would spend 8 months UK / 4 months Thailand in a 12 month period on assumption visas obtained.

We would notwant her to sell or give up the property she owns in Thailand, and really waqnts to visit he Uk because I am presently lving and working in the UK (British Citizen)

If you were to get a 2 year visitors visa (which is unlikely if it's her first application for a visa). then strictly speaking it allows her to enter UK as many times as she wishes as long as any visit does not exceed 6 months. However the Immigration officer on entry to UK could well pick up she is trying to live in the UK on a visitors visa and refuse her entry. Not worth the risk if she intends to spend 8 months each 12 in UK.

So you have no option but to apply for a settlement visa. Owning property in Thailand wont go against the decision to grant a visa but you should play down the amount of hands on attention the business could require. I dont think she will be asked how much time she intends to spend outside UK.

If she is granted settlement she will get Leave to remain for a two year period, she is free to come and go as she wishes but when she comes to apply for ILR then it may be questioned why she has spent a lot of time outside UK but in that event she will just be given another 2 year period of LTR.

Edited April 11, 2007 by Mahout Angrit