Wife Divorced Then Remarried - Ilr In Old Passport

[phitsanulokjon]

My wife has her ILR for UK in her old passport (in her former married name) (first husband was UK citizen also) and she has National Insurance Number, NHS number etc from her time in UK.

Now divorced and remarried she has got new passport in our name and retained her old one with relevant stamps from Thai authorities noting the divorce, change of name to her maiden surname and then to her new married surname etc.

We are due to visit UK soon - I understand that carrying both old and new passports is good enough for re-entry (we can show divorce/marriage certificates as well). Also she is within the 2year period from when we left the UK to live in Thailand that I believe can effect the validity of ILR if she was to remain outside longer.

NB-both marriages and the divorce were in Thailand

Can anyone confirm this/comment on their experiences.

Also is it straightforward to get Home Office to put new ILR stamp in new passport ?

Thanks

[vinny]

See also Visa For Uk In Expired Thai Passport, What shoud we do now? advice sought.

[the scouser]

That the ILR vignette is in the old passport is of no consequence: your wife may simply carry both the old and the new. In terms of having indefinite leave endorsed in the new passport, your wife may apply either to the embassy in Bangkok for a returning resident visa or, once in the UK, to the Border Agency. A fee is payable for both options.

However, be aware that each time your wife enters the UK and presents herself as having indefinite leave, the Immigration Rules dictate that it should be for the purposes of settlement. As on this occasion she will be only visiting, if this were known to the immigration officer at the UK airport he could effectively withdraw the indefinite leave and admit her as a visitor. Thereafter, she would need to obtain visas from the embassy in Bangkok to visit the UK.

Scouse.

[phitsanulokjon]

That the ILR vignette is in the old passport is of no consequence: your wife may simply carry both the old and the new. In terms of having indefinite leave endorsed in the new passport, your wife may apply either to the embassy in Bangkok for a returning resident visa or, once in the UK, to the Border Agency. A fee is payable for both options.

However, be aware that each time your wife enters the UK and presents herself as having indefinite leave, the Immigration Rules dictate that it should be for the purposes of settlement. As on this occasion she will be only visiting, if this were known to the immigration officer at the UK airport he could effectively withdraw the indefinite leave and admit her as a visitor. Thereafter, she would need to obtain visas from the embassy in Bangkok to visit the UK.

Scouse.

Thanks Scouse

Can whether she is visiting or settling actually be determined by immigration in this circumstance though ??

She never had a problem travelling back many times on her own when it was just her original passport in first married name.

We are actually considering settling back in the UK for a few years and I'm back in UK now-she will travel through immigration alone - is that a likely problem ??

Brit Embassy in BKK told us when we visited them to just show both passports and then go to home office in London for a new ILR sticker - that was quite a few months ago though and I must admit they didnt seem 100% sure - has the law changed recently ?

I guess my 1 worry is that I'm there waiting in arrivals and she gets stuck at Immigration !!

Thanks

[the scouser]

That a holder of indefinite leave must be intending to settle/resume settlement in the UK has been a condition of the Immigration Rules for as long as I can remember, and I became an immigration officer in 1989. The rules state verbatim:-

18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:

(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and

(ii) has not been away from the United Kingdom for more than 2 years; and

(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and

(iv) now seeks admission for the purpose of settlement.

As you note, the immigration officer on arrival will only know the answer if he asks the question. It may well be that he simply espies the ILR in your wife's passport and lets her in without a mutter. However, if she were to make an application to either the embassy ot the Border Agency, she would have to complete and sign a form in which she declares that she is settled in the U.K.

Scouse.

[phitsanulokjon]

That a holder of indefinite leave must be intending to settle/resume settlement in the UK has been a condition of the Immigration Rules for as long as I can remember, and I became an immigration officer in 1989. The rules state verbatim:-

18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:

(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and

(ii) has not been away from the United Kingdom for more than 2 years; and

(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and

(iv) now seeks admission for the purpose of settlement.

As you note, the immigration officer on arrival will only know the answer if he asks the question. It may well be that he simply espies the ILR in your wife's passport and lets her in without a mutter. However, if she were to make an application to either the embassy ot the Border Agency, she would have to complete and sign a form in which she declares that she is settled in the U.K.

Scouse.

Thanks Scouse

Certainly she satisfies the criteria 1-3

1) left UK with ILR in old passport (only separated from 1st husband at that time)-divorced subsequently in Thailand and then we married over there

2) will have been away from UK less than 2 years

3) we paid for our flights so there was no recourse to public funds

4) possibly the only "grey" area ???

I understand that divorce doesnt primae facie affect ILR-however does the fact that she has a new passport in a new married name affect it ? In other words is ILR affected by remarriage ?

or if immigration ask "are you here for settlement" and she replies "yes" and "with my new husband" is that OK ??

Cheers

[the scouser]

In other words is ILR affected by remarriage ?

No.

if immigration ask "are you here for settlement" and she replies "yes" and "with my new husband" is that OK ??

Not if it's not true. What is relevant is the individual's intention at the moment s/he speaks to the immigration officer. It is conceivable that someone might intend to return to the UK for settlement, but following his/her arrival find that circumstances dictate that s/he has to return to their indigenous country.

Scouse.

[phitsanulokjon]

In other words is ILR affected by remarriage ?

No.

if immigration ask "are you here for settlement" and she replies "yes" and "with my new husband" is that OK ??

Not if it's not true. What is relevant is the individual's intention at the moment s/he speaks to the immigration officer. It is conceivable that someone might intend to return to the UK for settlement, but following his/her arrival find that circumstances dictate that s/he has to return to their indigenous country.

Scouse.

Thanks Scouse

Well we intend to stay back here for five years plus together as husband and wife then we'd like to move back to Thailand to retire one day - so she would genuinely be saying that she intends to be with her husband.

1) Thus immigration can only determine intent by what she says in these circumstances ??

2) As she has ILR we don't have to show any supporting documentation (or are likely to be asked for anything) as I understand would have been the case when she first came to the UK with husband no 1. (and of course wouldnt have had ILR) ??

3) or is it worth having at least the divorce and new marriage certificates to hand ??

Cheers

[the scouser]

They will take your wife's word at face value unless they have reason to doubt it. They shouldn't ask for any additional documentation, but you never know, so it does no harm to carry her divorce certificate and your marriage certificate just in case.

Scouse.

[phitsanulokjon]

They will take your wife's word at face value unless they have reason to doubt it. They shouldn't ask for any additional documentation, but you never know, so it does no harm to carry her divorce certificate and your marriage certificate just in case.

Scouse.

Thanks very much Scouse

Will let everyone know what happens in due course