Thai Spouse travel history/convictions and UK Visas

[sandyf]

10 hours ago, NanLaew said:

This naively assumes that a brand new clean passport doesn't trigger another level of review of the applicants bona fides. It's far easier to tell and maintain the truth. Once you start lying, and not declaring any convictions is lying, then one needs to live the lie and risk being caught in the lie and accepting whatever that entails.

Quite. The UK used to insist on seeing all previous passports, item 11 on the form,  so it is something I have always done. If they no longer insist on seeing them it would mean they have some other way of doing it.

[jimn]

11 hours ago, NanLaew said:

This naively assumes that a brand new clean passport doesn't trigger another level of review of the applicants bona fides. It's far easier to tell and maintain the truth. Once you start lying, and not declaring any convictions is lying, then one needs to live the lie and risk being caught in the lie and accepting whatever that entails. There's a lot of personal information that's shared at levels way above our pay grade and in this new age of tribalism and nationalism masquerading as 'national security', getting black listed from the UK can have broader repercussions than the 5-year one from Malaysia.

 

Since that expires soon, maybe defer any travel and visa plans until after that eventuates? However, my ongoing experience of Malaysian immigration indicates that they don't neccesarily keep their database up to date.

In this case I disagree with you. A questionable arrest and overstaying the visa in Malaysia with result in her being denied a UK visit visa. The UK will have no way of checking any Malaysian database even if it is kept up to date. She has nothing to lose by getting a new passport and not declaring the convictions, no one will know. By the way I am not naive about UK visa applications. I have successfully carried out 3 x 1 year applications, a 5 year and a 10 year visa for my Thai wife.

[MicroB]

On 4/23/2023 at 9:25 AM, sandyf said:

Almost certainly and personally I think little chance of success in current circumstances.

I would suggest getting married, wait a couple of years and the application would have a better chance of success.

I have now read S-EC.1.4(c), and well understand it now. Wait until December 11 2024, unless Appendix FM is revised. Hopefully PM Starmer by then. Not that I would normally vote for his party. Present HS has a screw loose and looks to low hanging fruit to get herself out of trouble.

[markclover]

She has a work permit for foot massaging?  It's a different world for some people.

Edited April 24, 2023 by markclover

[MicroB]

23 hours ago, jimn said:

In this case I disagree with you. A questionable arrest and overstaying the visa in Malaysia with result in her being denied a UK visit visa. The UK will have no way of checking any Malaysian database even if it is kept up to date. She has nothing to lose by getting a new passport and not declaring the convictions, no one will know. By the way I am not naive about UK visa applications. I have successfully carried out 3 x 1 year applications, a 5 year and a 10 year visa for my Thai wife.

For a Partner Visa, I have £1500+ to lose (non-refundable). Immigration Rules Appendix FM S-EC.1.4.(c) make it clear:

 

Quote

 

S-EC.1.4. The exclusion of the applicant from the UK is conducive to the public good because they have:

1. (c) been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence.

 

Though common sense suggests there is a difference between a beak handing down 1 year versus 4 weeks because they didn't have the money to pay the fine. But anyhow, a good Malaysian friend (consultant Surgeon in the UK) who had a particularly nasty run in with the HMG (threatened with deportation because he asked permission to attend a wedding in KL. Cost him £5k in lawyer fees to stay in the UK, missing the wedding of course, due to the arbitrary nature of a nameless official), is looking into the Malaysian codes I have to confirm what was the actual offence. I suspect there is no leeway, hence the manual, but time is a probable solution.

 

Her current passport in in her previous married name, which being Thailand means she had a first name chosen by her ex-husband, because he didn't like her given name. Her ID card is in her maiden name and new given name. So she needs a new passport. She thought she would have to wait for her current one to expire before getting a new one, which isn't the case. She just has to apply for a new one and the current one is canceled.

 

 

 

[MicroB]

For those interested, anyone with a Thai passport with such a stamp in is blocked from applying for a new one until any blacklisting has expired.