Which Visa Should My Wife Apply For?

[teletiger]

My Thai wife and I plan to join our children (my step-children) in either Australia or New Zealand sometime next year. (They have PR in both countries) But first I would like to go back to England for 6 months or so.

My feelings are that my very fickle wife (this a Thai thing, right?) will get sick of the kids after a few months and want to relocate again. I know she misses England very much. Now, do we go for a visitors visa, or a settlement visa (or do I dump her ?)

Looking through this forum for the best part of today, I realize that we may have a few problems, with either.

1: I have no address in England. 2: I have no job to go to.

We have a low 7 figure Baht account and a small UK account.

We Married in England in 2002, came to Thailand in 2004.

My wife OVERSTAYED by 27 months on her 6 month visitors visa. (not our fault, honest guv)

Went to Croydon Immigration in May 2004 with our excuses (2 inches of correspondence between our selves and our Immigration solicitors) Very nice Asian gentleman there, picked up on the fact that we were leaving for Thailand in July and that we would do better to sort it out then. "Shouldn't be a problem at the Airport" said he, handing us back 5 kilos of paper. At the airport my wife breezed through the immigration checkpoint.....they didn't even look at her passport. I dumped the papers in the nearest bin. Thai immigration stamped the visa back in, so an eagle-eyed person would notice the discrepancy.

My apologies for such a long winded post.

How to approach this? I'd appreciate your comments.

Regards

[the scouser]

Apply for the type of visa which fits your intentions at the time of application, so if you intend a visit to the UK, then apply for a visitor's visa. However, if you think that you may end up remaining in the UK, then apply for a settlement visa. You're going to have to come clean about the overstaying, though, as a record will exist of your wife having previously been issued with a visit visa and, as you say, it will anyhow be apparent from the stamps in her passport. You'll have to argue that a lot of water has since passed under the bridge, and that you ultimately intend to relocate to either Australia or New Zealand. If you were already to have the authrisation for you to settle, that'd help no end. Irrespective of which capacity you apply in, though, you will have to demonstrate either savings or an income with which to support yourselves whilst in the UK, although you may use third party sponsorship, too.

Scouse.

[Mahout Angrit]

You married on a visitors visa to UK which the regulations say is not allowed, you overstayed by years,you have no base in UK but you do have enough money to pay for a holiday.

If I were you I'd go straight to Oz or NZ or take your third visa option (go alone!)

However you you insist on going then another visit visa is really your only option as you dont intend to and have no means to settle.

[the scouser]

Marriage whilst in the UK unlawfully, or as a visitor, only became prohibited in February 2005, so we have to presume that at the time the OP and his wife got married, it was perfectly legitimate.

Scouse.

[slimsam]

Teletiger,

A previous overstay would not be a barrier to getting a settlement visa (my wife overstayed for seven years and it was not a problem for the SV) but you would need to show that you can support your wife with either a guaranteed income from yourself with either a job or pension. You would also need to show that you have long term accomodation with either a rental agreement or a house you have purchased. Without these things you would probably get rejected.

A visitor visa might also get rejected on the grounds that your wife did not keep within the terms of the last visitor visa and you, as a UK citizen, may be assumed to be simply returning home. However if you can show sufficient proof that you do not intend to settle in the UK then you may stand a chance. This may be through showing return (or onward travel) air tickets and a copy of the visa your wife has obtained to enter Australia or New Zealand (better decide which as vague travel plans will not go too well). If you limited your stay in the UK to a few months that also may be more believable.

These are only my comments and I am not expert so you may wish to get more professional advice.