Settlement Visa For Wife

[hopeful]

Hello everyone, I hope you guys can help me.

I have been married to a Thai national for 1 year she has visited England on 2 occassions,

She is a nurse and was due to retire in may of 2009, this is when we had planned to apply for her settlement visa.

We have since found out she can retire in november of this year, she is coming here in October for 1 month on a 6 month visitor visa. Can we apply here for her settlement visa as it would save all the hassle of her returning to Thailand to apply

Thanks for any help you can give me. hopeful

[CharlieB]

Hello everyone, I hope you guys can help me.

I have been married to a Thai national for 1 year she has visited England on 2 occassions,

She is a nurse and was due to retire in may of 2009, this is when we had planned to apply for her settlement visa.

We have since found out she can retire in november of this year, she is coming here in October for 1 month on a 6 month visitor visa. Can we apply here for her settlement visa as it would save all the hassle of her returning to Thailand to apply

Thanks for any help you can give me. hopeful

The normal procedure is to apply in your country of residence, which for your wife is Thailand. Why not just re-apply for the settlement visa now? You can explain what you have said here in the application letter.

[7by7]

In most circumstances one cannot apply for settlement in the UK whilst in the UK as a visitor.

However, as already said, there is no reason why she cannot apply for settlement now.

Get the application in quick and, given your circumstances, there is a good chance she will get the visa in time to come in October not as a visitor but to live.

Edited September 16, 2008 by 7by7

[hopeful]

In most circumstances one cannot apply for settlement in the UK whilst in the UK as a visitor.

However, as already said, there is no reason why she cannot apply for settlement now.

Get the application in quick and, given your circumstances, there is a good chance she will get the visa in time to come in October not as a visitor but to live.

Thanks for that, But my question was can we apply here ?

If not why not ?

[Eff1n2ret]

In most circumstances one cannot apply for settlement in the UK whilst in the UK as a visitor.

However, as already said, there is no reason why she cannot apply for settlement now.

Get the application in quick and, given your circumstances, there is a good chance she will get the visa in time to come in October not as a visitor but to live.

Thanks for that, But my question was can we apply here ?

If not why not ?

Because the Immigration Rules say that you can't. She has to have been given leave to enter for more than six months to be able to apply. Also, the conditions attached to a visit visa include the requirement to leave the UK on completion of the visit. If someone enters the UK as a visitor intending to apply to stay here, it's an infringement of the visa.

Unfortunately in previous years the facility to come here under any pretext and then apply to stay as a spouse was much abused, and that's why the rules were tightened up.

As has already been suggested, if you have time you could apply for a settlement visa before you travel, otherwise make your preparations for a future application in Bangkok after her return there.

[7by7]

Thanks for that, But my question was can we apply here ?

Err, I thought I answered that. I'll try to make it clearer: you cannot apply in the UK for settlement if you are in the UK as a visitor. She will need to return to Thailand and apply there.

Having a valid UK visit visa will not stop her from applying for UK settlement, but she must apply in Thailand.

Clear?

If not why not ?

See reply from Eff1n2ret above. Edited September 16, 2008 by 7by7

[hopeful]

Thanks for that, But my question was can we apply here ?

Err, I thought I answered that. I'll try to make it clearer: you cannot apply in the UK for settlement if you are in the UK as a visitor. She will need to return to Thailand and apply there.

Having a valid UK visit visa will not stop her from applying for UK settlement, but she must apply in Thailand.

Clear?

If not why not ?

See reply from Eff1n2ret above.

Thanks 7by7 All clear will try to get it through before october.

[vinny]

In most circumstances one cannot apply for settlement in the UK whilst in the UK as a visitor.

However, as already said, there is no reason why she cannot apply for settlement now.

Get the application in quick and, given your circumstances, there is a good chance she will get the visa in time to come in October not as a visitor but to live.

Thanks for that, But my question was can we apply here ?

If not why not ?

284(i) and Section 1 - Spouses (3.1. Key points):

The "no switching" into marriage provision prevents those given limited leave to enter the United Kingdom for 6 months or less, e.g. visitors and short term students, from switching into the marriage category. It does not apply to those given leave to enter the United Kingdom for 6 months as a fiancé(e). Neither does it apply to those who have been granted an extension of stay in the United Kingdom of six months or less at the end of their initial period of leave.

[hopeful]

In most circumstances one cannot apply for settlement in the UK whilst in the UK as a visitor.

However, as already said, there is no reason why she cannot apply for settlement now.

Get the application in quick and, given your circumstances, there is a good chance she will get the visa in time to come in October not as a visitor but to live.

Thanks for that, But my question was can we apply here ?

If not why not ?

284(i) and Section 1 - Spouses (3.1. Key points):

The "no switching" into marriage provision prevents those given limited leave to enter the United Kingdom for 6 months or less, e.g. visitors and short term students, from switching into the marriage category. It does not apply to those given leave to enter the United Kingdom for 6 months as a fiancé(e). Neither does it apply to those who have been granted an extension of stay in the United Kingdom of six months or less at the end of their initial period of leave.

[hopeful]

In most circumstances one cannot apply for settlement in the UK whilst in the UK as a visitor.

However, as already said, there is no reason why she cannot apply for settlement now.

Get the application in quick and, given your circumstances, there is a good chance she will get the visa in time to come in October not as a visitor but to live.

Thanks for that, But my question was can we apply here ?

If not why not ?

Sorry to ask this but can someone deciepher immigration rule 284 spouses thanks

284(i) and Section 1 - Spouses (3.1. Key points):

The "no switching" into marriage provision prevents those given limited leave to enter the United Kingdom for 6 months or less, e.g. visitors and short term students, from switching into the marriage category. It does not apply to those given leave to enter the United Kingdom for 6 months as a fiancé(e). Neither does it apply to those who have been granted an extension of stay in the United Kingdom of six months or less at the end of their initial period of leave.

[vinny]

Visitors may not switch to FLR(M) (spouse status).