UK Spouse Visa - Applying again after moving back to Thailand

[magicroundabout]

Hi All,

 

Looking for a bit of advice….its a bit long story so will try and cut it short!

 

My wife (Thai National) came to the UK in 2013 (Spouse visa and then FLR which we extended a couple of times). However, my wife had a tragic family bereavement back in Thailand and coupled with the pandemic we decided in would be best if she returned home (She went back to Thailand in November 2020).  I then moved to Thailand June 2021 and just returned back to the UK a couple of weeks ago). At the time we weren’t sure if we would live in Thailand permanently – However, we have both decided we want to move back to the UK.

 

I’ve got a couple of questions.

 

Would UK immigration take a negative view of the application due to the fact that my wife moved back to Thailand for a couple of years?

 

Would my wife have to take a new English test?  (She previously passed an A2 English test – Trinity College London in April 2018).  From my reading it states you can use a previous test even if expired if used in a successful application (which it is was).  However, not sure if this would apply as in essence we are starting from scratch.

 

As usual thanks in advance for any thoughts.

Edited May 29, 2022 by magicroundabout

[Tony M]

To answer your questions.  UKVI will not take a negative view of a new appplication. It's not uncommon for spouses/partners to have to return home for various reasons.

 

I think your wife will need a new English test. Using the previous test result seems to apply only in FLR and ILR applications. That's the way I read it :
 

You do not need to prove your knowledge of English or take a test if one of the following is true:

• you’re applying as a child
• you’re applying as an adult coming to be cared for by a relative
• you’ve been in the UK on a family visa for 5 years and you’re extending it as a partner or parent
• you’re over 65
• you have a physical or mental condition that prevents you from meeting the requirement