Can My Wife Switch Her Visa?- In Uk Now

[svensingha]

I'm a British citizen in the UK now with my Thai wife and our dual nationality son. We have decided that we want to stay here rather than return to LOS. The problem is that my wife only has a Visitor Visa.

My question is: Can my wife apply for an FLR(M) visa here, or does she have to return to Thailand and apply for a settlement visa in Bangkok which could take months and months (and would deprive my son of his mother for this time)?

I have found a permanent job here and we are renting an apartment.

Any help would be appreciated.

[markr]

It cannot be transfered, your wife will need to return to thailand and apply for a settlement visa.

If she is already on a visitors visa and sticks to it, she should have no problem obtaining a settlement visa.

The cost is £500

Good luck

Ps Where is the son and how is he able to stay with you??

Mark

Edited August 6, 2007 by markr

[the scouser]

Unfortunately, it is a requirement of the Immigration Rules that someone who wishes to settle in the UK as the spouse of a British citizen has to have entered with a visa issued in that capacity. Consequently, your wife will need to leave the UK and obtain a settlement visa.

In the most exceptional circumstances the Borders and Immigration Agency (BIA) will grant permission to stay without the individual having entered on a settlement visa, but the situation must be truly remarkable.

Scouse.

[svensingha]

What a crappy system:

As I understand it, I have to stay in the UK to show 6 months' bank statements to the British Embassy in Bangkok as evidence that I am able to support her as well as maintaining a residence here in UK. She has to leave, wait for me to get the paperwork together, wait for the application process and attend an interview in Bangkok, which hopefully she passes. Total waiting time: 9 months?

So, the question is: does my two-year old son stay here with me (he has a British passport) and go without his mother or does he get jettisoned back to Bangkok and live in a shoebox apartment with Mommy?

[the scouser]

The system is as it is because when it was more relaxed, and human nature being what it is, people used to gain entry as visitors fully intending to switch to settlement, thereby avoiding having to pay the settlement visa application fee. Admittedly, there is less of an advantage now as the Borders and Immigration Agency charge for considering applications which they didn't used to do. However, the general argument is that why should a minority be allowed to circumvent the system when the majority do things by the book and apply for a settlement visa from abroad.

Anyway, some good news. Although your wife will not be allowed to switch, and will have to apply for a settlement visa from abroad, there is no stipulation that you have to have either been working or maintained a residence for a set length of time. Your wife can remain in the U.K. as a visitor whilst her current visa is valid, and once you have the relevant paperwork collated, she can return to Thailand, lodge her application, and, all things being equal, she could be back in the U.K. on a settlement visa within a fortnight.

Scouse.

[Briggsy]

I'm sure Sven won't mind me posting his fantastic news here. Will you, mate?

His wife's settlement visa was issued in 3 working days by the Bangkok Embassy. That's from the submission of the application to picking it up. Total number of days spent in Thailand = 8 + a few hours.

Well done and congratulations.

[the scouser]

Well done, Sven.

Scouse.