Return to UK by Thai partner

[Hayling John]

I spend the UK winter in Thailand and my Thai partner of 8 years spends the summer in UK.  She has a 2 year VIsa but has been told she has to spend 6 months in Thailand between visits.  Is this the case and why?   I have had an accident and need home care.

[Brierley]

UK Border Officers explained it to us as follows: during the life of the visa, my wife cannot spend more time in the UK than she spends in Thailand. she also had a 2 year visa. 

[Upnotover]

Rather than a specific 6 month period in Thailand I think it's more to do with the accumulation of time in the UK.  A 2 week trip followed by another 3 months later would be fine, but not 6 months followed by another trip shortly after.  I also don't think the "rules" are written down, if they are maybe someone will confirm.

[Eff1n2ret]

2 hours ago, Hayling John said:

but has been told

Who told her? 

There are limits on time spent abroad for applicants for British citizenship, but none specified for applicants for Indefinite Leave to Remain, which presumably is what your wife will do after her two years. When she applies for that, the requirement is that she "has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; " and you are still married and intending to live together.

If you have spent pretty much all those two years together, it hardly matters what country you spend them in as long as you are normally "settled in the United Kingdom", and present when she applies. If she spent long periods in Thailand without you, the authorities might feel justified in investigating whether the marriage was genuine and subsisting. Whether they have a set yardstick for deciding that, I have no idea.

[brewsterbudgen]

Presumably she holds a 2-year Visitor visa.  With all UK Visitor visas, the holder is only allowed to spend 6 months within any year in the UK.  If you want her to stay longer, she should get a settlement visa.

[brewsterbudgen]

And for better quality replies, this should be moved to the correct Forum (Visas and Migration to other countries) as it is nothing to do with the UK Consulate in Thailand.

[blackcab]

Moved to the Visas and Migration to other countries Forum.

[theoldgit]

On 5/13/2021 at 2:30 PM, Brierley said:

UK Border Officers explained it to us as follows: during the life of the visa, my wife cannot spend more time in the UK than she spends in Thailand. she also had a 2 year visa. 

 

The visit guidance published to Home Home Office is very clear and is covered in the section which covers, Frequent or successive visits, "There is no specified maximum period, which an individual can spend in the UK in any period such as ‘6 months in 12 months’ (as long as each visit does not exceed the maximum period for that visit, normally 6 months). However, if it is clear from an applicant’s travel history that they are seeking to remain in the UK for extended periods or making the UK their home you should refuse their application".

 

Border Force Officers must be satisfied that the applicant meets all the requirements of V 4.2 to V 4.6 of the Visitor Rules and is a genuine visitor. If they are not satisfied, they must refuse the application. A visitor can enter, or extend their stay, to do different permitted activities but they should be expected to have a main reason or reasons for visiting, for example for business or a holiday, and be able to provide details. However, particularly where a visitor holds a long-term, multiple entry visit visa valid for 2, 5 or 10 years, it is likely that their reason for visiting will differ over time. This is permissible, provided they continue to intend to undertake one or more of the permitted visitor activities.

 

Your wife is your wife and is fully allowed to provide care for you, as long it's not long term and she's not being paid, she will probably be required to satisfy the Border Force Officer that she will be returning to her home country and that's where she actually lives.

 

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/938632/visit-guidance-v10.0ext.pdf