Rights Of Thai Wife To Stay In Uk

[phillmasuk]

Hello everyone,

My wife has a settement visa whch was granted in jan 2008 my question is if we separate can she still live in the U.k and apply for her FLR in december. She works full time and wishes to stay in this country. Also is it dependant on us staying married or could we divorce?

Phill

[7by7]

As she does not yet have ILR, the whole basis of her 'right' to remain in the UK lies in her marriage to you. If this marriage breaks down before she has recieved ILR then she has no legal reason or right to remain in the UK. She could remain until her current leave expires, but would have to leave the UK then.

The only exceptions to this would be:-

1) Your death.

2) The marriage broke down due to you committing violence against her; which would need to be proved with police reports etc.

[phillmasuk]

As she does not yet have ILR, the whole basis of her 'right' to remain in the UK lies in her marriage to you. If this marriage breaks down before she has recieved ILR then she has no legal reason or right to remain in the UK. She could remain until her current leave expires, but would have to leave the UK then.

The only exceptions to this would be:-

1) Your death.

2) The marriage broke down due to you committing violence against her; which would need to be proved with police reports etc.

Thanks 7by7 pretty much as i suspected and since niether exceptions apply "at least i hope No1 doesn't" then we know what the options are.

Am i right in assuming that after her current leave expires and she went home it would be up to her new boyfriend to start the process again with a Visitors Visa etc etc? would the embassy treat this like any other application or would it be easier for her because she has complied with all the previous rules and regulations?

Phill

[mariner29]

If you are no longer in a subsisting relationship then she will not get an extension of her immigration status.

[7by7]

Am i right in assuming that after her current leave expires and she went home it would be up to her new boyfriend to start the process again with a Visitors Visa etc etc? would the embassy treat this like any other application or would it be easier for her because she has complied with all the previous rules and regulations?

Whatever she and her new boyfriend want to do regarding any future visas for her to the UK is up to them; you need have no involvement at all, and why would you want to!?

As she was granted a setlement visa as your spouse in Jan 2008, were she to apply for any type of visa again with a new boyfriend as the sponsor then the ECO will want to know what happened to her relationship with you. But that's her problem, not yours.

If she wishes to marry this other bloke then she will obviously need to divorce you first. If you married in Thailand then you can divorce there as well; the simplest way being for both of you to attend an Ampur and sign a few papers. If you decide to divorce in the UK then you will need to wait until you have been married for two years before you can do so, and will have to go to court. If uncontested it should be a simple procedure, but I would recommend getting legal advice first.

All the best.

[7by7]

Forgot to add an important point.

Do not divorce at the Thai embassy in London.

Such a divorce would be recognised in Thailand, but not in the UK. Therefore under UK law you would still be married to each other and any subsequent marriage would be bigamous (sp?)!

[ThaiVisaExpress]

She will be returning home simple as that, if she decides to marry again once divorced she may apply again in Thailand.