Wife Refused Extention Visa In Uk

[hardtimes]

Here is our case in brief

My wife and I now are finding our selves in an increasing impossible situation. we applied for a 2 year visa extension for my wife who is Thai, as advised by the Immigration Advisory Service, we have been refused because my wife does not have the correct visa to apply for this, and immigration want her to return to Thailand to apply from there, we have been married for 2 years together for 4 years. I am a British national.

We are also being informed that we have no recourse to appeal the UK border decision, Based on the fact that my wife does not have the correct visa to apply. Therefore the immigration service have with drawn our appeal as it will fail.

This means that my wife will have to return to Thailand now, which for us is not possible, we do not have any money to take this course of action, just to send my wife back is more than we can afford, to then place an application from Thailand would cost over 3k with fees and expenses flight, some where to live.

I have explained that I as a foreigner can not return to Thailand as I have no means of work there. I have in the past worked for 4 years as a teacher, due to recent changes in the laws, I am unable to work as a teacher, the only work I am allowed to do there. my wife is totally dependent on me

So now we have been dropped by the immigration advisory service, we can not find a lawyer who will help us appeal, it seems because my wife has a tourist visa we have no right to appeal, but as much as everyone keeps saying send your wife back to her home country to apply, we simply do not have the money, we are totally committed here. I have been told to wait it out and have the immigration come to take action to remove my wife, then appeal under the right to family life.

I have been advised to send my wife back to Thailand by everyone, of cause this would be the right thing to do, but we simply do not have the money to do this, it will take months to get the money together, by then she is on overstay, and I believe that this will count against us, and she will be refused, and we will be kept apart.

Unfortunately I am not in a financially stable situation, I pay the bills and get by well enough, just don't have any to spare.

Any help or advise would be a great help

Thanks

[CharlieB]

Here is our case in brief

My wife and I now are finding our selves in an increasing impossible situation. we applied for a 2 year visa extension for my wife who is Thai, as advised by the Immigration Advisory Service, we have been refused because my wife does not have the correct visa to apply for this, and immigration want her to return to Thailand to apply from there, we have been married for 2 years together for 4 years. I am a British national.

We are also being informed that we have no recourse to appeal the UK border decision, Based on the fact that my wife does not have the correct visa to apply. Therefore the immigration service have with drawn our appeal as it will fail.

This means that my wife will have to return to Thailand now, which for us is not possible, we do not have any money to take this course of action, just to send my wife back is more than we can afford, to then place an application from Thailand would cost over 3k with fees and expenses flight, some where to live.

I have explained that I as a foreigner can not return to Thailand as I have no means of work there. I have in the past worked for 4 years as a teacher, due to recent changes in the laws, I am unable to work as a teacher, the only work I am allowed to do there. my wife is totally dependent on me

So now we have been dropped by the immigration advisory service, we can not find a lawyer who will help us appeal, it seems because my wife has a tourist visa we have no right to appeal, but as much as everyone keeps saying send your wife back to her home country to apply, we simply do not have the money, we are totally committed here. I have been told to wait it out and have the immigration come to take action to remove my wife, then appeal under the right to family life.

I have been advised to send my wife back to Thailand by everyone, of cause this would be the right thing to do, but we simply do not have the money to do this, it will take months to get the money together, by then she is on overstay, and I believe that this will count against us, and she will be refused, and we will be kept apart.

Unfortunately I am not in a financially stable situation, I pay the bills and get by well enough, just don't have any to spare.

Any help or advise would be a great help

Thanks

They are correct. You cannot change a visit visa to a form of settlement visa. Why on earth did you not apply for a settlement visa when you returned to the UK? You've dug yourself a very deep hole by not getting the correct visa in the first place. Did you think that the settlement visa was too expensive and you could somehow get over this by getting a cheap visa and fudging it in the UK?

Unfortunately, if you don't get your wife back to Thailand and apply for a settlement visa before her visit visa runs out, or before a 6 month period ends she'll overstay in the UK, get a black mark against her name with the UK authorities and you will find it even harder and more expensive to get a visa. You have to get her back and soon. You are in danger of having her forcibly returned to Thailand, which will be very difficult to get over in any future visa applications. A voluntary return after overstaying is better than a forced return. Can you not borrow the money off friends or family? Have you no option of borrowing the money from your bank?

[hardtimes]

They are correct. You cannot change a visit visa to a form of settlement visa. Why on earth did you not apply for a settlement visa when you returned to the UK? You've dug yourself a very deep hole by not getting the correct visa in the first place. Did you think that the settlement visa was too expensive and you could somehow get over this by getting a cheap visa and fudging it in the UK?

Unfortunately, if you don't get your wife back to Thailand and apply for a settlement visa before her visit visa runs out, or before a 6 month period ends she'll overstay in the UK, get a black mark against her name with the UK authorities and you will find it even harder and more expensive to get a visa. You have to get her back and soon. You are in danger of having her forcibly returned to Thailand, which will be very difficult to get over in any future visa applications. A voluntary return after overstaying is better than a forced return. Can you not borrow the money off friends or family? Have you no option of borrowing the money from your bank?

Hi, Thanks for your reply, everything you have said I know already. we were first advised by the immigration advisory service that we could apply for a two year extension, they were wrong, we were refused and lost our money, and now we do not have to funds to return, and no one we can borrow it from. right now we have no choice but to stay put.

We came here for a holiday, we then decided it was not worth returning to Thailand, I can not work there any more, and have no money like pensions.

So we have no option but to go for the section 8 appeal A right to family life.

But I was wondering to cover our selves more for that time should we start writing letters stating that we do not have the funds to return, there for we are forced into a position we do not want to be in. this may help when it comes to an appeal. based on section 8.

regards

[Eff1n2ret]

Very sorry, can only endorse Charlie B's post.

If it was intended that she should stay here when she applied for the visa, it was a gross error (as well as deception) to apply as a visitor - perhaps you were badly advised at that time.

Your wife should return to Thailand and seek the appropriate entry clearance like everybody else. Pleading poverty as a reason for her overstaying here, and having her removed at public expense, is hardly likely to bolster your case that she can be supported and accommodated here without recourse to public funds.

The Rules are quite clear that visit visas can not be extended or converted into settlement visas, and IAS, who are government-funded, should not be wasting the taxpayers' money on supporting such hopeless applications. They should have given you the honest advice you've been getting since.

[hardtimes]

Very sorry, can only endorse Charlie B's post.

If it was intended that she should stay here when she applied for the visa, it was a gross error (as well as deception) to apply as a visitor - perhaps you were badly advised at that time.

Your wife should return to Thailand and seek the appropriate entry clearance like everybody else. Pleading poverty as a reason for her overstaying here, and having her removed at public expense, is hardly likely to bolster your case that she can be supported and accommodated here without recourse to public funds.

The Rules are quite clear that visit visas can not be extended or converted into settlement visas, and IAS, who are government-funded, should not be wasting the taxpayers' money on supporting such hopeless applications. They should have given you the honest advice you've been getting since.

We applied through the immigration advisory service, they told us that we could not apply for a spousal visa, but we could apply for a two year extension, so they put in the application, it then took 14 weeks to get the refusal from the UK border, we were even sent for a bio ID card in Sheffield that cost travel money.

Here is my question.

If my wife did not have the correct visa to begin with why:

1) was the application submitted

2) why did the UK border except it and take payment of 450 pounds for it.

3) why did it take 14 weeks to come to a decision.

4) why were we sent for a bio reading, which only happens when you are successful

We are eell out of pocket, when we did not stand a chance in the first place.

[Eff1n2ret]

You appear to have been very badly advised by IAS, or misunderstood the process. If they said you couldn't apply for a "spouse visa", that could be just because it's not a visa application within the UK, but the 2-year "extension" must be for some purpose under the Rules, which amounts to the same thing. Surely you didn't think she would be granted a further 2 years as a visitor?

To answer your questions:-

If my wife did not have the correct visa to begin with why:

1) was the application submitted - You'd have to take that up with IAS

2) why did the UK border except it and take payment of 450 pounds for it. You pay for an application, whether it's granted or not - same with a visa abroad.

3) why did it take 14 weeks to come to a decision. Because they have a lot of applications, and that's how long it can take.

4) why were we sent for a bio reading, which only happens when you are successful Does it? The point of securing bio-info is to weed out the fraudulent and/or multiple applicants.

I am sorry for your distress, but I don't think you've been unfairly treated by UKBA, and I wouldn't hold out much hope of success with a Human Rights application. What did IAS tell you about that?

Incidentally, how long is left on your wife's visa? If the 14 weeks for the decision took you beyond its expiry, then she only has 28 days in which to leave.

[torrenova]

I don't hold that someone should have to pay for something which a competent official can see straight away is not possible purely by looking at her passport. Payment for an application is fine, though a rip off, but this application could not even be started as the preliminary checks would highlight her tourist visa.

On a side note, an application for a passport is screened before payment is taken. If a passport cannot be issued on the basis of the information provided, no fee is charged.

I think ths falls between the cracks in the pavement as far as the rules are concerned but as the OP is that short, ask for it back, formally demand it back, advising them of your costs per hour (not your hourly rate, PM me if you need more information) and then put them in the Small Claims Court if they don't pay up. Their bean counters should send you a cheque as it is financially prudent of them to do so and I reckon you've a case which you could win.

[CharlieB]

As Eff1n2ret said, you would be wise to keep quiet about your lack of funds for the moment. If you come across the necessary money you would risk having a record somewhere of you pleading poverty, which would obviously not do your application any good.

I do think someone has been negligent here, as it's obvious you should never have applied for the extension, as it would never be granted in a month of sundays. One of the key requirements, a valid settlement visa, was missing. You were poorly advised if what you have said it true and as a consequence you have lost your £450, plus the time taken for the negative result. It's bad advice that has cost you this and it's up to you whether you try and reclaim this, presumably from the IAS. Not sure how you would feel about taking the IAS to the small claims court. Do you have any official correspondance from them detailing their incorrect advice to you?

I think the UKBA would say that they have accepted an application, processed it and it's not their fault that it never stood a chance. They took the application and fee in good faith. They can't be held accountable for people putting in hopeless applications that don't even meet the minimum requirements. You would have to be pretty sure of an application to risk four or five hundred pounds, unless you're rolling in money.

[hardtimes]

I don't hold that someone should have to pay for something which a competent official can see straight away is not possible purely by looking at her passport. Payment for an application is fine, though a rip off, but this application could not even be started as the preliminary checks would highlight her tourist visa.

On a side note, an application for a passport is screened before payment is taken. If a passport cannot be issued on the basis of the information provided, no fee is charged.

I think ths falls between the cracks in the pavement as far as the rules are concerned but as the OP is that short, ask for it back, formally demand it back, advising them of your costs per hour (not your hourly rate, PM me if you need more information) and then put them in the Small Claims Court if they don't pay up. Their bean counters should send you a cheque as it is financially prudent of them to do so and I reckon you've a case which you could win.

Thanks. this as been my point all along, when my wife still had two months left on her visa, we booked an appointment with the IAS, we asked them what we could do, as we did not have a clue, we were told that we qualified for the two year visa. he saw no problem in being successful, I can only act on what we are told, not having a clue, that is why you pay the IAS. as you say you would think that someone would have looked at my wife passport and mentioned that the visa was not good for this. when i bought thi up with the IAS rep, he shrugged his shoulders and said it was a sticky point, and said something about the fact that we had already been married for two years meant that we could only apply for a spousal visa, which meant returning to Thailand.

So back we come again, why were we told to go ahead in the first place.

We were led to believe because we had been sent to have a bio reading done, we had succeeded, even the girl at the bio center told us to expect it in ten days. so 14 weeks of extra living time in the Uk after the 5 months on my wifes visa, cost of setting up home and all that we now have no money to go back.

I can hear some people on here already saying again, your wife must go back get the money. ok I will just go out side to the money tree and pull it off now, if it was as simple as that I would not be searching for answers to my problem.

[CharlieB]

We came here for a holiday, we then decided it was not worth returning to Thailand, I can not work there any more, and have no money like pensions.

So we have no option but to go for the section 8 appeal A right to family life.

This is the one thing I can't understand though. Who goes on holiday and can then just stay in a country without a second thought to the consequences? What has happened to your home in Thailand, your possessions etc? I can't really believe that you didn't plan on doing this all along. I go on holiday to places and wish I could just stay there, but I can't do it as I have responsibilities, job/house/car etc to keep me from abandoning my life on a whim.

Edited April 25, 2009 by CharlieB

[snuggzzz]

Hardtimes, I've looked thru' this post, and the good advice given. I feel that when you applied for your wife's Visitor Visa in Thailand, if you had read all the relevent info in that application, in which you were successful, surely you must have realised the admission requirements were that your Thai wife was as a Visitor for 6 months. That included bio tests didn't it...??

You also had to prove that your wife would not have recourse to public funds, tell me if I'm wrong, also, had to show where you would live and produce Bank statements etc., in order to show that you had money to support yourselves.

The IAS must surely have asked to look at your wife's passport to see her entry status on admission to the UK.

I would ask is your marriage a Thai village ceremony ??

[hardtimes]

Hardtimes, I've looked thru' this post, and the good advice given. I feel that when you applied for your wife's Visitor Visa in Thailand, if you had read all the relevent info in that application, in which you were successful, surely you must have realised the admission requirements were that your Thai wife was as a Visitor for 6 months. That included bio tests didn't it...??

You also had to prove that your wife would not have recourse to public funds, tell me if I'm wrong, also, had to show where you would live and produce Bank statements etc., in order to show that you had money to support yourselves.

The IAS must surely have asked to look at your wife's passport to see her entry status on admission to the UK.

I would ask is your marriage a Thai village ceremony ??

Hi, Our marriage is a legal one not just village one. Yes I was aware of the rules, as stated before we came here for a holiday, It was whilst being here I changed my mind about going back, By not going back we lost very little as we lived in furnished accommodation. working as a teacher in Thailand which I have done for the past four years was becoming more and more difficult, with the introduction of new tests and rules, I have and will never have any rights in Thailand, It was not my intention to come back to England to live. but needs must, with the changes in Thailand.

Even if I had intended to come back here to live as you suggested i did, we would not have been successful with a spousal visa application, as i did not have a home or job in England and have been absent for four years.

We are a devoted couple and have a right to be together, I am only asking she be allowed to stay with me. I want nothing from the public funds.

[snuggzzz]

Hardtimes, I've looked thru' this post, and the good advice given. I feel that when you applied for your wife's Visitor Visa in Thailand, if you had read all the relevent info in that application, in which you were successful, surely you must have realised the admission requirements were that your Thai wife was as a Visitor for 6 months. That included bio tests didn't it...??

You also had to prove that your wife would not have recourse to public funds, tell me if I'm wrong, also, had to show where you would live and produce Bank statements etc., in order to show that you had money to support yourselves.

The IAS must surely have asked to look at your wife's passport to see her entry status on admission to the UK.

I would ask is your marriage a Thai village ceremony ??

Hi, Our marriage is a legal one not just village one. Yes I was aware of the rules, as stated before we came here for a holiday, It was whilst being here I changed my mind about going back, By not going back we lost very little as we lived in furnished accommodation. working as a teacher in Thailand which I have done for the past four years was becoming more and more difficult, with the introduction of new tests and rules, I have and will never have any rights in Thailand, It was not my intention to come back to England to live. but needs must, with the changes in Thailand.

Even if I had intended to come back here to live as you suggested i did, we would not have been successful with a spousal visa application, as i did not have a home or job in England and have been absent for four years.

We are a devoted couple and have a right to be together, I am only asking she be allowed to stay with me. I want nothing from the public funds.

I understand your predicament, it is a very difficult situation, of which you are no doubt aware, I can only suggest that you attend a citizens advice bureau to seek the possibility of legal aid in this case.

Good luck

[dieter1]

Yes, I know how difficult it is , to bring your wife to your home-country, just to live with her. And it´s expensive !

In my case, it is a procedure which needs over 6 month. And she has to learn my language and to made an examination ( the chance are not more then 50 % that she will do it in the first round). All this before (!) she will get the visa !

I can understand, that you are quite shocked, if you decide to stay in your home country with her, and get the information, you have to send her back first. I think, it will be the same procedure in my country, and (!) also with the task to make a test for language abilities before beeing allowed to come back.

My advice: look out for a cheap ticket ! It´s not that much money. It´s cheaper, before the the summer vacations will start !

And try to get all the informations you need ! It might even be complicate for her to get the visa (or what ever it is) in Thailand !

[nigelandjan]

Here is our case in brief

My wife and I now are finding our selves in an increasing impossible situation. we applied for a 2 year visa extension for my wife who is Thai, as advised by the Immigration Advisory Service, we have been refused because my wife does not have the correct visa to apply for this, and immigration want her to return to Thailand to apply from there, we have been married for 2 years together for 4 years. I am a British national.

We are also being informed that we have no recourse to appeal the UK border decision, Based on the fact that my wife does not have the correct visa to apply. Therefore the immigration service have with drawn our appeal as it will fail.

This means that my wife will have to return to Thailand now, which for us is not possible, we do not have any money to take this course of action, just to send my wife back is more than we can afford, to then place an application from Thailand would cost over 3k with fees and expenses flight, some where to live.

I have explained that I as a foreigner can not return to Thailand as I have no means of work there. I have in the past worked for 4 years as a teacher, due to recent changes in the laws, I am unable to work as a teacher, the only work I am allowed to do there. my wife is totally dependent on me

So now we have been dropped by the immigration advisory service, we can not find a lawyer who will help us appeal, it seems because my wife has a tourist visa we have no right to appeal, but as much as everyone keeps saying send your wife back to her home country to apply, we simply do not have the money, we are totally committed here. I have been told to wait it out and have the immigration come to take action to remove my wife, then appeal under the right to family life.

I have been advised to send my wife back to Thailand by everyone, of cause this would be the right thing to do, but we simply do not have the money to do this, it will take months to get the money together, by then she is on overstay, and I believe that this will count against us, and she will be refused, and we will be kept apart.

Unfortunately I am not in a financially stable situation, I pay the bills and get by well enough, just don't have any to spare.

Any help or advise would be a great help

Thanks

Sorry but you really are some kind of doughnut ,,, I have been lambasted by other doughnuts on here because I have spent a bit of the folding stuff doing things the correct way ,, now my wife has her UK test passed,, we 100% own our UK home,, she is gainfully employed ,, well loved by the neighbours , and 90% of people that meet her ,, and we have a good 5 figure sum tucked away to show for her ILTR and UK passport at a later date . we have just been on a lovely holiday to the Dominican republic and the UKBA could not have been more helpfull when we landed back in the UK ,, even though my wife has an out of date visa in her Thai passport , she has a UK spouse ID card ,, its worth its weight in gold,,,,,and IF you had done it the correct way your wife would have one now. It puzzles me why you would ever want to bring your wife here on a visitor visa in the first place ,, ( mabe you could not make the financial ,, work criteria then ) and by the sound of your post you cannot make the requirements now.. Just let the UKBA deport her then it wont cost you ,,,,then when you have your finances in better order you can help her get a UK settlement visa in BKK .. good luck with that !!!!!!!!!

One thing I can tell you if your that hard up you cant send her home ( which I have to say I dont believe ) you havent got a flyin fkkkks chance of getting her a settlement visa here.

Why people like you seem to think you can shortcut the system never fails to amaze me ,,,,,, I bet you also got a mortgage repaying 12% interest ,, because you never read the small print !

[Lickey]

I think the OP is asking for help, not critisism, he realises what the mistakes are and wants help, thats why he is posting, so kindly keep your doughnut posts to yourself unless you have anything to help him..

[spongeman]

Mate listen you d'ont have any choice, she HAS to go back before her visa expires. I got married in the UK and she went back to get a spousal visa in Bangkok.

I understand how you feel, but d'ont fight a fight that you will not win. She cannot change her visa status.

You can use the fact that she went back before her visa expired as evidence she is trustworthy. D'ont have her damage her reputation with the UK authorities.

Best of luck to you both.

[CharlieB]

I think the OP is asking for help, not critisism, he realises what the mistakes are and wants help, thats why he is posting, so kindly keep your doughnut posts to yourself unless you have anything to help him..

The problem is, there is no help that anyone here can give him. The only thing he can do is either work like crazy to get the money together and get his wife back to BKK after she has overstayed and pray that she is not caught on exiting the country by a passport check at the airport, or borrow money now and send her back now. The other option is she stays here illegally, or she is rounded up and sent back by the authorities.

[spongeman]

Here is our case in brief

My wife and I now are finding our selves in an increasing impossible situation. we applied for a 2 year visa extension for my wife who is Thai, as advised by the Immigration Advisory Service, we have been refused because my wife does not have the correct visa to apply for this, and immigration want her to return to Thailand to apply from there, we have been married for 2 years together for 4 years. I am a British national.

We are also being informed that we have no recourse to appeal the UK border decision, Based on the fact that my wife does not have the correct visa to apply. Therefore the immigration service have with drawn our appeal as it will fail.

This means that my wife will have to return to Thailand now, which for us is not possible, we do not have any money to take this course of action, just to send my wife back is more than we can afford, to then place an application from Thailand would cost over 3k with fees and expenses flight, some where to live.

I have explained that I as a foreigner can not return to Thailand as I have no means of work there. I have in the past worked for 4 years as a teacher, due to recent changes in the laws, I am unable to work as a teacher, the only work I am allowed to do there. my wife is totally dependent on me

So now we have been dropped by the immigration advisory service, we can not find a lawyer who will help us appeal, it seems because my wife has a tourist visa we have no right to appeal, but as much as everyone keeps saying send your wife back to her home country to apply, we simply do not have the money, we are totally committed here. I have been told to wait it out and have the immigration come to take action to remove my wife, then appeal under the right to family life.

I have been advised to send my wife back to Thailand by everyone, of cause this would be the right thing to do, but we simply do not have the money to do this, it will take months to get the money together, by then she is on overstay, and I believe that this will count against us, and she will be refused, and we will be kept apart.

Unfortunately I am not in a financially stable situation, I pay the bills and get by well enough, just don't have any to spare.

Any help or advise would be a great help

Thanks

Sorry but you really are some kind of doughnut ,,, I have been lambasted by other doughnuts on here because I have spent a bit of the folding stuff doing things the correct way ,, now my wife has her UK test passed,, we 100% own our UK home,, she is gainfully employed ,, well loved by the neighbours , and 90% of people that meet her ,, and we have a good 5 figure sum tucked away to show for her ILTR and UK passport at a later date . we have just been on a lovely holiday to the Dominican republic and the UKBA could not have been more helpfull when we landed back in the UK ,, even though my wife has an out of date visa in her Thai passport , she has a UK spouse ID card ,, its worth its weight in gold,,,,,and IF you had done it the correct way your wife would have one now. It puzzles me why you would ever want to bring your wife here on a visitor visa in the first place ,, ( mabe you could not make the financial ,, work criteria then ) and by the sound of your post you cannot make the requirements now.. Just let the UKBA deport her then it wont cost you ,,,,then when you have your finances in better order you can help her get a UK settlement visa in BKK .. good luck with that !!!!!!!!!

One thing I can tell you if your that hard up you cant send her home ( which I have to say I dont believe ) you havent got a flyin fkkkks chance of getting her a settlement visa here.

Why people like you seem to think you can shortcut the system never fails to amaze me ,,,,,, I bet you also got a mortgage repaying 12% interest ,, because you never read the small print !

Giving advice that his wife should be deported? That is very unclever and no help to the OP at all.

[CharlieB]

Here is our case in brief

My wife and I now are finding our selves in an increasing impossible situation. we applied for a 2 year visa extension for my wife who is Thai, as advised by the Immigration Advisory Service, we have been refused because my wife does not have the correct visa to apply for this, and immigration want her to return to Thailand to apply from there, we have been married for 2 years together for 4 years. I am a British national.

We are also being informed that we have no recourse to appeal the UK border decision, Based on the fact that my wife does not have the correct visa to apply. Therefore the immigration service have with drawn our appeal as it will fail.

This means that my wife will have to return to Thailand now, which for us is not possible, we do not have any money to take this course of action, just to send my wife back is more than we can afford, to then place an application from Thailand would cost over 3k with fees and expenses flight, some where to live.

I have explained that I as a foreigner can not return to Thailand as I have no means of work there. I have in the past worked for 4 years as a teacher, due to recent changes in the laws, I am unable to work as a teacher, the only work I am allowed to do there. my wife is totally dependent on me

So now we have been dropped by the immigration advisory service, we can not find a lawyer who will help us appeal, it seems because my wife has a tourist visa we have no right to appeal, but as much as everyone keeps saying send your wife back to her home country to apply, we simply do not have the money, we are totally committed here. I have been told to wait it out and have the immigration come to take action to remove my wife, then appeal under the right to family life.

I have been advised to send my wife back to Thailand by everyone, of cause this would be the right thing to do, but we simply do not have the money to do this, it will take months to get the money together, by then she is on overstay, and I believe that this will count against us, and she will be refused, and we will be kept apart.

Unfortunately I am not in a financially stable situation, I pay the bills and get by well enough, just don't have any to spare.

Any help or advise would be a great help

Thanks

Sorry but you really are some kind of doughnut ,,, I have been lambasted by other doughnuts on here because I have spent a bit of the folding stuff doing things the correct way ,, now my wife has her UK test passed,, we 100% own our UK home,, she is gainfully employed ,, well loved by the neighbours , and 90% of people that meet her ,, and we have a good 5 figure sum tucked away to show for her ILTR and UK passport at a later date . we have just been on a lovely holiday to the Dominican republic and the UKBA could not have been more helpfull when we landed back in the UK ,, even though my wife has an out of date visa in her Thai passport , she has a UK spouse ID card ,, its worth its weight in gold,,,,,and IF you had done it the correct way your wife would have one now. It puzzles me why you would ever want to bring your wife here on a visitor visa in the first place ,, ( mabe you could not make the financial ,, work criteria then ) and by the sound of your post you cannot make the requirements now.. Just let the UKBA deport her then it wont cost you ,,,,then when you have your finances in better order you can help her get a UK settlement visa in BKK .. good luck with that !!!!!!!!!

One thing I can tell you if your that hard up you cant send her home ( which I have to say I dont believe ) you havent got a flyin fkkkks chance of getting her a settlement visa here.

Why people like you seem to think you can shortcut the system never fails to amaze me ,,,,,, I bet you also got a mortgage repaying 12% interest ,, because you never read the small print !

I don't think you do yourself any favours waving your good fortune in the face of someone less fortunate. Yes, he made a mistake, but he is paying for it now with his current difficulties. He doesn't need you showing off and bragging at him to make him feel worse.

[hardtimes]

Sorry but you really are some kind of doughnut ,,, I have been lambasted by other doughnuts on here because I have spent a bit of the folding stuff doing things the correct way ,, now my wife has her UK test passed,, we 100% own our UK home,, she is gainfully employed ,, well loved by the neighbours , and 90% of people that meet her ,, and we have a good 5 figure sum tucked away to show for her ILTR and UK passport at a later date . we have just been on a lovely holiday to the Dominican republic and the UKBA could not have been more helpfull when we landed back in the UK ,, even though my wife has an out of date visa in her Thai passport , she has a UK spouse ID card ,, its worth its weight in gold,,,,,and IF you had done it the correct way your wife would have one now. It puzzles me why you would ever want to bring your wife here on a visitor visa in the first place ,, ( mabe you could not make the financial ,, work criteria then ) and by the sound of your post you cannot make the requirements now.. Just let the UKBA deport her then it wont cost you ,,,,then when you have your finances in better order you can help her get a UK settlement visa in BKK .. good luck with that !!!!!!!!!

One thing I can tell you if your that hard up you cant send her home ( which I have to say I dont believe ) you havent got a flyin fkkkks chance of getting her a settlement visa here.

Why people like you seem to think you can shortcut the system never fails to amaze me ,,,,,, I bet you also got a mortgage repaying 12% interest ,, because you never read the small print !

nigelandjan: You sanctimonious, uncharitable, self center git, I am sure your wife is well loved by the neighbors, you on the other hand am sure are not. What I really despise people like you, you just wait to see people that are down, just so you can show them how well off you are. and dance all over them.

You did not need to make a comment on my case, but you had to do it , just so you could feel better about your own life. go stuff your self mate.

Tell you what. when life gets hard for you, please come to me. unlike you, I will truely show you a helping hand and not kick you in the teeth.

[bangkok2UK]

Here is our case in brief

My wife and I now are finding our selves in an increasing impossible situation. we applied for a 2 year visa extension for my wife who is Thai, as advised by the Immigration Advisory Service, we have been refused because my wife does not have the correct visa to apply for this, and immigration want her to return to Thailand to apply from there, we have been married for 2 years together for 4 years. I am a British national.

We are also being informed that we have no recourse to appeal the UK border decision, Based on the fact that my wife does not have the correct visa to apply. Therefore the immigration service have with drawn our appeal as it will fail.

This means that my wife will have to return to Thailand now, which for us is not possible, we do not have any money to take this course of action, just to send my wife back is more than we can afford, to then place an application from Thailand would cost over 3k with fees and expenses flight, some where to live.

I have explained that I as a foreigner can not return to Thailand as I have no means of work there. I have in the past worked for 4 years as a teacher, due to recent changes in the laws, I am unable to work as a teacher, the only work I am allowed to do there. my wife is totally dependent on me

So now we have been dropped by the immigration advisory service, we can not find a lawyer who will help us appeal, it seems because my wife has a tourist visa we have no right to appeal, but as much as everyone keeps saying send your wife back to her home country to apply, we simply do not have the money, we are totally committed here. I have been told to wait it out and have the immigration come to take action to remove my wife, then appeal under the right to family life.

I have been advised to send my wife back to Thailand by everyone, of cause this would be the right thing to do, but we simply do not have the money to do this, it will take months to get the money together, by then she is on overstay, and I believe that this will count against us, and she will be refused, and we will be kept apart.

Unfortunately I am not in a financially stable situation, I pay the bills and get by well enough, just don't have any to spare.

Any help or advise would be a great help

Thanks

Sorry but you really are some kind of doughnut ,,, I have been lambasted by other doughnuts on here because I have spent a bit of the folding stuff doing things the correct way ,, now my wife has her UK test passed,, we 100% own our UK home,, she is gainfully employed ,, well loved by the neighbours , and 90% of people that meet her ,, and we have a good 5 figure sum tucked away to show for her ILTR and UK passport at a later date . we have just been on a lovely holiday to the Dominican republic and the UKBA could not have been more helpfull when we landed back in the UK ,, even though my wife has an out of date visa in her Thai passport , she has a UK spouse ID card ,, its worth its weight in gold,,,,,and IF you had done it the correct way your wife would have one now. It puzzles me why you would ever want to bring your wife here on a visitor visa in the first place ,, ( mabe you could not make the financial ,, work criteria then ) and by the sound of your post you cannot make the requirements now.. Just let the UKBA deport her then it wont cost you ,,,,then when you have your finances in better order you can help her get a UK settlement visa in BKK .. good luck with that !!!!!!!!!

One thing I can tell you if your that hard up you cant send her home ( which I have to say I dont believe ) you havent got a flyin fkkkks chance of getting her a settlement visa here.

Why people like you seem to think you can shortcut the system never fails to amaze me ,,,,,, I bet you also got a mortgage repaying 12% interest ,, because you never read the small print !

nigelandjan - I hope you and your wife are both Buddhists(especially your wife) and believe in Karma 'What goes around....Don't Please kick people when they are down already.....

[Boo]

Hardtimes, there is no reason with a 2 year relationship & marriage that your wife wouldn't have got a SV even if you had no job or property in UK. There are plenty of threads on Thaivisa where people have managed just that. I think you have made a very bad mistake & unless you want your wife to pay for it in future then I suggest you beg or borrow the money to get her on a plane back to Thailand & when your have save a bit of money then proceed with the correct visa. Even if that means being apart for a couple of months it is better than her being forced to leave UK with a big stamp in her passport stating never to allow entry again. Cause if she goes into overstay then it will possibly have an effect on any future visa she applies for so get her back to Thailand asap & then work to getting the situation resolved.

If as you say you were given bad advice then you can pursue that as well but don't mess with your wife & yours future by trying to buck the system.

nigelandjan, you post is of no help to the op & flaming will not be tolerated either.

[nigelandjan]

Here is our case in brief

My wife and I now are finding our selves in an increasing impossible situation. we applied for a 2 year visa extension for my wife who is Thai, as advised by the Immigration Advisory Service, we have been refused because my wife does not have the correct visa to apply for this, and immigration want her to return to Thailand to apply from there, we have been married for 2 years together for 4 years. I am a British national.

We are also being informed that we have no recourse to appeal the UK border decision, Based on the fact that my wife does not have the correct visa to apply. Therefore the immigration service have with drawn our appeal as it will fail.

This means that my wife will have to return to Thailand now, which for us is not possible, we do not have any money to take this course of action, just to send my wife back is more than we can afford, to then place an application from Thailand would cost over 3k with fees and expenses flight, some where to live.

I have explained that I as a foreigner can not return to Thailand as I have no means of work there. I have in the past worked for 4 years as a teacher, due to recent changes in the laws, I am unable to work as a teacher, the only work I am allowed to do there. my wife is totally dependent on me

So now we have been dropped by the immigration advisory service, we can not find a lawyer who will help us appeal, it seems because my wife has a tourist visa we have no right to appeal, but as much as everyone keeps saying send your wife back to her home country to apply, we simply do not have the money, we are totally committed here. I have been told to wait it out and have the immigration come to take action to remove my wife, then appeal under the right to family life.

I have been advised to send my wife back to Thailand by everyone, of cause this would be the right thing to do, but we simply do not have the money to do this, it will take months to get the money together, by then she is on overstay, and I believe that this will count against us, and she will be refused, and we will be kept apart.

Unfortunately I am not in a financially stable situation, I pay the bills and get by well enough, just don't have any to spare.

Any help or advise would be a great help

Thanks

Sorry but you really are some kind of doughnut ,,, I have been lambasted by other doughnuts on here because I have spent a bit of the folding stuff doing things the correct way ,, now my wife has her UK test passed,, we 100% own our UK home,, she is gainfully employed ,, well loved by the neighbours , and 90% of people that meet her ,, and we have a good 5 figure sum tucked away to show for her ILTR and UK passport at a later date . we have just been on a lovely holiday to the Dominican republic and the UKBA could not have been more helpfull when we landed back in the UK ,, even though my wife has an out of date visa in her Thai passport , she has a UK spouse ID card ,, its worth its weight in gold,,,,,and IF you had done it the correct way your wife would have one now. It puzzles me why you would ever want to bring your wife here on a visitor visa in the first place ,, ( mabe you could not make the financial ,, work criteria then ) and by the sound of your post you cannot make the requirements now.. Just let the UKBA deport her then it wont cost you ,,,,then when you have your finances in better order you can help her get a UK settlement visa in BKK .. good luck with that !!!!!!!!!

One thing I can tell you if your that hard up you cant send her home ( which I have to say I dont believe ) you havent got a flyin fkkkks chance of getting her a settlement visa here.

Why people like you seem to think you can shortcut the system never fails to amaze me ,,,,,, I bet you also got a mortgage repaying 12% interest ,, because you never read the small print !

I don't think you do yourself any favours waving your good fortune in the face of someone less fortunate. Yes, he made a mistake, but he is paying for it now with his current difficulties. He doesn't need you showing off and bragging at him to make him feel worse.

Not bragging about anything ,,,,,,,,,not had good fortune either ,,,,,,,,,,just played the game by the rules and got the result,,,,,,,,,,to be honest the original post is so naieve I doubt vey much it is even the case ,,,,,, why would anyone go through all the expense of getting a visitor visa for his wife , plane ticket etc ,, knowing full well in 6 months he would have to pay for her to go back then go through it all again ? Did he really think you could shortcut the system by getting her here , then getting the UKBA to feel sorry for him and waive her by ?

The point I am making is for other people reading this example who mabe thinking about cutting corners , it shows you in the long run the correct way to go,, and yes also it is bloody expensive , the whole thing is even when she is here ,, you still have at least 2 trips to the UKBA at Croydon to pay for Bio ID cards etc ,, UK test second version ,, ( which the government is currently raking in over 2 million a year from ) etc , my point is anyone thinking of doing it make sure you got enough of the folding stuff before you set off .

As for the OP I have no beef with him ,, if I had my way the fact that they are legally married they should be allowed to stay here without any of this crap , as we all should ,, as he states he pays his way and she cannot claim any benefits anyway,, if the government here removed the garbage from the UK that should not be here then this problem would not arise ,, as usual they are targeting easy people.

[Boo]

post removed, warning & suspension issued. If you cannot post without flaming then your posting rights will be removed.

[steve187]

Hi sorry to hear the news. the only help I can offer is :- are you able to obtain a passport from another eu country. and secondly there is a cheap flight from stanstead to kuala lumpur by air asia x if all else fails

[mrbojangles]

I had my wife in the UK on a Settlement Visa. I then decided to use my Irish ancestry and change her status to that of a spouse, married to an EU Citizen working and living in the UK. We initially got told by Croydon that she would have to leave the UK. I argued the point with them (with a lot of help from TheScouser) and she never did have to leave. They granted her the change, whilst she was in the UK.

Was I just lucky? Or is it different, changing her status from a Settlement Visa, than from a Visit Visa?

hardtimes, as steve187 says, can you get access to some form of EU ancestry by descent? Southern Irish, French, German, Spanish etc.

[CharlieB]

I had my wife in the UK on a Settlement Visa. I then decided to use my Irish ancestry and change her status to that of a spouse, married to an EU Citizen working and living in the UK. We initially got told by Croydon that she would have to leave the UK. I argued the point with them (with a lot of help from TheScouser) and she never did have to leave. They granted her the change, whilst she was in the UK.

Was I just lucky? Or is it different, changing her status from a Settlement Visa, than from a Visit Visa?

hardtimes, as steve187 says, can you get access to some form of EU ancestry by descent? Southern Irish, French, German, Spanish etc.

You changed from a UK settlement route to an EU settlement route, not from a UK visit visa to a UK settlement visa. They are called visit visas because they allow you just that, a short visit to a country. If eveyone on a visit visa decided to stay in the country and apply for some form of settlement visa, and was allowed, we'd be in more chaos than we are now. As it is, there are enough people in the country that have come in on a visit/student visa and then just stayed here with no intention of leaving.

[patklang]

Here is our case in brief

My wife and I now are finding our selves in an increasing impossible situation. we applied for a 2 year visa extension for my wife who is Thai, as advised by the Immigration Advisory Service, we have been refused because my wife does not have the correct visa to apply for this, and immigration want her to return to Thailand to apply from there, we have been married for 2 years together for 4 years. I am a British national.

We are also being informed that we have no recourse to appeal the UK border decision, Based on the fact that my wife does not have the correct visa to apply. Therefore the immigration service have with drawn our appeal as it will fail.

This means that my wife will have to return to Thailand now, which for us is not possible, we do not have any money to take this course of action, just to send my wife back is more than we can afford, to then place an application from Thailand would cost over 3k with fees and expenses flight, some where to live.

I have explained that I as a foreigner can not return to Thailand as I have no means of work there. I have in the past worked for 4 years as a teacher, due to recent changes in the laws, I am unable to work as a teacher, the only work I am allowed to do there. my wife is totally dependent on me

So now we have been dropped by the immigration advisory service, we can not find a lawyer who will help us appeal, it seems because my wife has a tourist visa we have no right to appeal, but as much as everyone keeps saying send your wife back to her home country to apply, we simply do not have the money, we are totally committed here. I have been told to wait it out and have the immigration come to take action to remove my wife, then appeal under the right to family life.

I have been advised to send my wife back to Thailand by everyone, of cause this would be the right thing to do, but we simply do not have the money to do this, it will take months to get the money together, by then she is on overstay, and I believe that this will count against us, and she will be refused, and we will be kept apart.

Unfortunately I am not in a financially stable situation, I pay the bills and get by well enough, just don't have any to spare.

Any help or advise would be a great help

Thanks

Sorry but you really are some kind of doughnut ,,, I have been lambasted by other doughnuts on here because I have spent a bit of the folding stuff doing things the correct way ,, now my wife has her UK test passed,, we 100% own our UK home,, she is gainfully employed ,, well loved by the neighbours , and 90% of people that meet her ,, and we have a good 5 figure sum tucked away to show for her ILTR and UK passport at a later date . we have just been on a lovely holiday to the Dominican republic and the UKBA could not have been more helpfull when we landed back in the UK ,, even though my wife has an out of date visa in her Thai passport , she has a UK spouse ID card ,, its worth its weight in gold,,,,,and IF you had done it the correct way your wife would have one now. It puzzles me why you would ever want to bring your wife here on a visitor visa in the first place ,, ( mabe you could not make the financial ,, work criteria then ) and by the sound of your post you cannot make the requirements now.. Just let the UKBA deport her then it wont cost you ,,,,then when you have your finances in better order you can help her get a UK settlement visa in BKK .. good luck with that !!!!!!!!!

One thing I can tell you if your that hard up you cant send her home ( which I have to say I dont believe ) you havent got a flyin fkkkks chance of getting her a settlement visa here.

Why people like you seem to think you can shortcut the system never fails to amaze me ,,,,,, I bet you also got a mortgage repaying 12% interest ,, because you never read the small print !

I don't think you do yourself any favours waving your good fortune in the face of someone less fortunate. Yes, he made a mistake, but he is paying for it now with his current difficulties. He doesn't need you showing off and bragging at him to make him feel worse.

Not bragging about anything ,,,,,,,,,not had good fortune either ,,,,,,,,,,just played the game by the rules and got the result,,,,,,,,,,to be honest the original post is so naieve I doubt vey much it is even the case ,,,,,, why would anyone go through all the expense of getting a visitor visa for his wife , plane ticket etc ,, knowing full well in 6 months he would have to pay for her to go back then go through it all again ? Did he really think you could shortcut the system by getting her here , then getting the UKBA to feel sorry for him and waive her by ?

The point I am making is for other people reading this example who mabe thinking about cutting corners , it shows you in the long run the correct way to go,, and yes also it is bloody expensive , the whole thing is even when she is here ,, you still have at least 2 trips to the UKBA at Croydon to pay for Bio ID cards etc ,, UK test second version ,, ( which the government is currently raking in over 2 million a year from ) etc , my point is anyone thinking of doing it make sure you got enough of the folding stuff before you set off .

As for the OP I have no beef with him ,, if I had my way the fact that they are legally married they should be allowed to stay here without any of this crap , as we all should ,, as he states he pays his way and she cannot claim any benefits anyway,, if the government here removed the garbage from the UK that should not be here then this problem would not arise ,, as usual they are targeting easy people.

i am very happy you are not my next door neighbour,and i realy hope one day you havent got a pot to piss in.

[beano2274]

I feel sorry for the OP, the fact that in Britain we let people in who say my Great great great Grandfather fought for the British, this guy brings his 4 wives and 10 children with him, each wife gets her own place, all the adults have English classes and he gets a car, all paid for by the old taxpayer.

Now one guy whose wife obviously speaks English needs a little bit of help from the Powers that be, gets nothing

To the Op, Teaching jobs in Thailand are still around, and plenty of teachers still are not qualified, even a lot of part time work around in the evenings, if you know the right people.

If you have no luck in the UK pursuing your wife's Visa or the money, then jump ship and head back to

LOS, am sure you will find something here.

My friend does part time and rakes in over 40,000 a month, no degree, just good luck.

Edited April 26, 2009 by beano2274