Uk Visa For Thai Girl Living In England Seperated From Husband

[mavric]

i'm english and have a thai girlfriend. my girlfriend is came to the uk on a 2 year marrage visa but the marrage has broken down after her husband started taking drugs regualy and hit her. she left him and stayed with a friend and is now living with me. i would like to know if this is in breach of her visa (If she is allowed to) and how she could remain in the uk when her visa expires next year. i know that she has been the victim of domestic violence and is thus entitled to remain on the grounds of this but she has no evidence of this and would therefor have a hard time to prove she was.

Any help answering my questions is much apreciated.

[Charma]

Get in touch with the scouse, either via PM or through the Davies Khan sponsored link above. If you are serious about this it is best to get the very best advice you can.

[britmaveric]

Not to doubt, but how do you know she was abused?

[imaneggspurt]

Very sticky wicket, the visa was granted as long as she stays with and marrys him ( usually within 6 months ) she is definatly in breach being with you and i would think if the ex informs the home office she will be hoisted out, be aware this drug abuse/violence is a widely used ploy of ex bgs to get rid of a guy once landed in the uk, im not saying she is but be aware,. ,but as far as the visa goes she can only apply for a different visa from within thailand, however im sure with the right lawyer giving a sob story it could be dragged out for years, pm scouse for accurate details, hes the man,.

[imaneggspurt]

Not to doubt, but how do you know she was abused?

did you see his name ?

[Eff1n2ret]

Not to doubt, but how do you know she was abused?

Whether the OP knows or not is scarcely relevant. He's said there isn't any evidence, and without that she is unlikely to be able to construct a case to remain under the rules. She isn't committing an offence by staying with the OP until her visa runs out, or it's curtailed by UKBA - but unless it's got a long time to run they are unlikely to do that, even if hubby has bothered to notify them.

If the OP takes a long-term view, he might conclude that she should leave when her visa expires and they spend a couple of years cementing the relationship before she applies for another visa. It would be in her favour that they had a lengthy period together here and that she did not stay here illegally.

[Spartacus_m]

Well, if she is married to this other chap , she can do a few things:-

1 - wiat until her visa is about to expire an dthen go back to Thai an dtry to apply again as the posts above are correct in that she will not be able to renew this visa.

2- if she married hy man in Thai go there an dpay a lawyer to get a divorce

3 - did ishe sign in Thai or the Uk?

40. If she didn't sign in the UK or register the marriage at the embassy then she can pay a lawyer to get her a quickie divorce. East to do. Mt mate marries a Thai girl, was m3essed around an dthen divorced her at the sam eplace where the marriage was registered - amphur office wherever and it took about 10 mins and was free. he was given a Thai certificate - like a Thai marriage certificate but not with red but blackborder. She can them apply with this new bloke.

It will not be easy fro her an dI would hazzard a guess she will be refused.

[JayBpool]

A question i would like to ask, how long ago did she leave her husband??? she is now your girlfriend?? seems a little suspect to me. Appoliges if she has been hurt but the police and thai embassy are there for this type of thing.

Bottom line is if she is married and has left the home where her sponser lives she will have 28 days and her visa will expire and she will have to leave. as she is not resident in the address on her visa application. She is also married and therfore commiting adultry. She would need to seek advice from the home office or thai embassy as to her rights. If she doesn't she has no rights she will be an illegal overstayer and will end up deported (unless her husband has not notifed the home office). When the 2 yr visa ends whats she going to do then? will the husband apply for ILR? if not she will have to leave and apply out of thailand. Does she want to stay in England?

If she has been abused and you are serious about each other you prob would be best going back to Thailand wait a few years and then apply and come back again.

I dont see many more options for you

[7by7]

i'm english and have a thai girlfriend. my girlfriend is came to the uk on a 2 year marrage visa but the marrage has broken down after her husband started taking drugs regualy and hit her. she left him and stayed with a friend and is now living with me. i would like to know if this is in breach of her visa (If she is allowed to) and how she could remain in the uk when her visa expires next year. i know that she has been the victim of domestic violence and is thus entitled to remain on the grounds of this but she has no evidence of this and would therefor have a hard time to prove she was.

Any help answering my questions is much apreciated.

How long ago did the abuse happen? If recently then, I think, she may still be able to report it to the police and possibly be able to apply to remain under the domestic violence rules, especially if she has witnesses to the abuse and any injuries she sustained can be confirmed by them or, even better, medical evidence. However, as some time has passed she really must seek advice from a professional adviser on this.

Even if she cannot apply to remain under these rules, she can remain until her current visa expires, but then must leave the UK. If she wishes to re-enter as your wife or fiancée then she must first divorce her current husband and then apply for the appropriate visa in Thailand.

[britmaveric]

Unfortunately if you are a foreigner these days - UK in all its infinite wisdom won't deport!!!

[cwkid]

Her Visa will be curtailed when her husband informs the authorities that she has left him. That means she has to leave the UK then, she might not get a date set in stone when she has to leave by, but she will be expected to leave in a reasonable time frame.

I had a friend in a similar situation and they had an appeal at court and she also mentioned abuse but had no evidence the court dismissed the case and she had to leave the UK eventually. She left and and paid for her flights, so she did not get deported. If you are deported they will put a black mark on you and I would think it is very difficult to ever come back to the UK.

There was an application that they could have been made within the country to stay, but it cost more money than applying from Thailand and was less likely to be granted. I remember that turned out not to be the best option for them.

I think realistically she needs to go back to Thailand and then re-apply for a new visa once she is divorced. For an un-married partner visa you need to have been together for 2 years or more and show evidence to back that up.

The other option is a 6 months fiancee visa, not sure what documents you need for that and of course you could get married in Thailand and bring her back as your spouse.

But trying to keep her in the UK now is going to be very difficult / expensive and very stressful for you both.

Good luck

[benjamat]

Her Visa will be curtailed when her husband informs the authorities that she has left him. That means she has to leave the UK then, she might not get a date set in stone when she has to leave by, but she will be expected to leave in a reasonable time frame.

I had a friend in a similar situation and they had an appeal at court and she also mentioned abuse but had no evidence the court dismissed the case and she had to leave the UK eventually. She left and and paid for her flights, so she did not get deported. If you are deported they will put a black mark on you and I would think it is very difficult to ever come back to the UK.

There was an application that they could have been made within the country to stay, but it cost more money than applying from Thailand and was less likely to be granted. I remember that turned out not to be the best option for them.

I think realistically she needs to go back to Thailand and then re-apply for a new visa once she is divorced. For an un-married partner visa you need to have been together for 2 years or more and show evidence to back that up.

The other option is a 6 months fiancee visa, not sure what documents you need for that and of course you could get married in Thailand and bring her back as your spouse.

But trying to keep her in the UK now is going to be very difficult / expensive and very stressful for you both.

Good luck

Good advice.

At this time she is in the uk illegally. The length of the visa is irrelevant as it is issued for her to live with her husband in common abode for 2 years at which point a residence visa would be applied for. By not living with the husband she is already in default of the visa requirements and should leave the country. You are categorically not allowed to regard the visa length as catre blanche to use this time in any way you wish. It is possible that should she leave the country and later try for a new visa they may refuse on basis of overstay.

Leave the uk as soon as possible, get divorced, and then if all is genuine she can make new and completely seperate visa application to stay with you as her new husband or fiance.

[Charma]

Well, if she is married to this other chap , she can do a few things:-

1 - wiat until her visa is about to expire an dthen go back to Thai an dtry to apply again as the posts above are correct in that she will not be able to renew this visa.

2- if she married hy man in Thai go there an dpay a lawyer to get a divorce

3 - did ishe sign in Thai or the Uk?

40. If she didn't sign in the UK or register the marriage at the embassy then she can pay a lawyer to get her a quickie divorce. East to do. Mt mate marries a Thai girl, was m3essed around an dthen divorced her at the sam eplace where the marriage was registered - amphur office wherever and it took about 10 mins and was free. he was given a Thai certificate - like a Thai marriage certificate but not with red but blackborder. She can them apply with this new bloke.

It will not be easy fro her an dI would hazzard a guess she will be refused.

I also find it hard to type with the gardening gloves on!

[darklightmatter]

Something similar happened to me as a victim of a claimed DV that never happened. Thai women are notorious liars and when it comes to money or visas they will make up any story and believe it themselves.

I divorced my Thai wife two years ago in the UK and during that period informed the HO that means her marriage visa ended July 2007. From what I know she is still in the UK living at some poor buggers house as a girlfriend who I presume is making up loads of stories about me so that she can take advantage of her boyfriend. The HO has done absolutely nothing; she is an illegal gaining sympathy from strangers by making up loads of bull.

So I would say do nothing as the HO does not give a dam. But I would be very careful for are you really certain this person is for you? are you quite sure that you really know this persons motives?

Personally I would find out more about her husband and maybe go and have a chat with him or find out more about the guy. You may find a completely different story. As if you start believing everything your TG is telling you without checking up on it you might be letting yourself into a very big expensive mess.