Marriage Looking Rocky

[mazo]

After two years of marriage some cracks are beginning to become visible. We have been in the uk only 3 months and things are not looking good. she says she wont and does not want to go back to thailand. I am hopeing that we can sort things out because we have an 8 month old baby girl. What i want to ask what would hapen to my wife if we do split can she stay or will she have to go back to thailand. If she stays can she get any benifits to help her because i dont have enough money to pay for two separate lots of bills and accommodation. This is a big worry for me as i dont want to lose my baby girl but if me and her mum can not work it out i dont know what to do. Has any one been through a split with a baby in england on a marriage visa or has any one got any advice

[Penkoprod]

Sorry to say this to you, but this has all the classic hallmarks of, either she had this all planned a while ago ........ getting a ticket to "the promised land" Or she saw how good life can be in the UK compared to Thailand for a Thai, at first hand as soon as she got to UK

Either way you are now deemed surplus to requirements

Does she have any family of hers, or friends (Thai) in the UK?

Penkoprod

[Mossfinn]

We have been in the uk only 3 months and things are not looking good. she says she wont and does not want to go back to thailand.

Hi Mazo, i remember one of your last posts on here and thought you might have a rocky road ahead of you.

I have posted a link, have a look thru, It would appear that she has not been here for six months and so does not have Indefinite Leave to Remain, I believe you need to be here for 2 years to be able to apply for this, so I would assume she has very limited access to public funds.

I feel you might need to wait for Scouse, but in the mean time have a look thru the link. I have copied part of it, the whole link is also supplied.

How do I qualify to join my husband, wife or civil partner in the UK?

You must show that:

* you are legally married to each other or are in a civil partnership recognised in the UK

* your husband, wife or civil partner is present and settled in the UK (see below)

* you both intend to live together permanently as husband and wife or as civil partners

* you have met each other before

* together you can support yourselves and any dependants without any help from public funds

* you have suitable accommodation, which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds

* your husband, wife or civil partner is not under 18, and

* you are not under 18.

If your husband or wife has more than one wife or husband, only one will be allowed to join them in the UK.

At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still married and intend to continue living together, you can apply to stay permanently in the UK.

Husbands Wives and Partners, Info click Here

Good Luck

Moss

[Mahout Angrit]

Although you say "marriage visa" I assume you mean she entered UK on a settlement visa. That being the case she will have been given 2 years leave to remain in the UK. If you dont inform the home office of your split then she can quite easily stay in UK for the remaining part of the 2 years.

At the end of the two years she must apply to remain further or indefinitely and she wont be able to apply without your help and proof that you are living together. She must then return to Thailand. Legally there is no question about that. LTR is not transferable to another husband.

She could however overstay if you were not prepared to help her. I believe after remaining in Uk for 7 years (even partly illegally)with a child she is likely to be given permanant residence if she applied. However if she challenged on the street or elsewhere after 2 years and before she had sorted permanant resident she would in defiance of the immigration regulations and could be deported.

On her LTR status she is not entitled to public funds in her own right.

What the guys above say about this being her intention right from the start given her attitude about refusing to return to Thailand is possible but the girls usually are clued up and know they have to wait until they get ILR before leaving the husband who was the passport to the promised land and she seems to fallen well short of that.

You are also obliged to inform the home office of any change in circumstance in the conditions of her visa to which you were the sponsor. It's up to you how you handle that side of it.

[Mossfinn]

What the guys above say about this being her intention right from the start given her attitude about refusing to return to Thailand i

Just to be a pedant Mahout, you mention guy's as in plural, I never alluded to the point she may have had another agenda on the cards, I mentioned a previous post only.

Apart from that, thanks for clarifying the post.

Moss

[Mahout Angrit]

Just to be a pedant Mahout, you mention guy's as in plural, I never alluded to the point she may have had another agenda on the cards, I mentioned a previous post only.

Sorry Moss, Yes, as a Gentleman I know you wouldn't suggest that apologies for my counting error

[the scouser]

As the others have commented, because your wife is on the probationary two years she cannot receive non-contributory public funds and, as things stand, she would not qualify for either an extension or indefinite leave to remain when her current authority finishes.

However, if your wife were able to demonstrate that she is the victim of domestic violence, she would be allowed to remain in the U.K. Be very careful! Some women have been known to inflict quite serious injuries upon themselves and then report the matter to the police as having been perpetrated by their husbands. Undoubtedly, your wife will get to know of this facility through the barrack-room lawyers of the Thai community and, in desperation, might try it on. Should this occur, get yourself away from her as quickly as possible so as to lessen the chances of you being falsely accused and possibly prosecuted.

Scouse.

[torrenova]

In response to the OP and the comments from Scouse I offer the following. If you feel that she may do something or be advised by others that such an action would allow her to remain in the UK, I suggest you go to your local police station, preferably with her, and have a statement taken that you are no longer responsible for her and you have seperated. They have to take such a statement and you would then have it on official record. She would then be in liable to expulsion although I am not sure of the exact proceedings after that.

I do not say to undertake this course of action lightly but it would give you some protection if you sense things may follow that course.

As to her "setting you up", then that could be true but she has been badly informed that 2 years together is not the same as 2 years in the UK under ILR.

May we ask her profession before you met her ? I know from expereince around the world that many a head is turned by easy cash whether one set out to follow that path. Even I decline to say how much I used to earn with my Thai partner as she cannot think in those figures and knows little about taxation and the cost pf living a life in a first nation capital city.