Question About Spouse Visa

[martin1234]

hi there i have a bit of a tricky situation that i need help with , i have a girlfriend from thailand who currently lives in the uk and has a spouse visa that lasts for another 2 years , she doesnt love her husband obviously or she wouldnt be seeing me , she wants to leave him and live with me but we need to know if she leaves him can he have her thrown out of the uk ? any help would be much appreciated

thanks

martin

[7by7]

currently lives in the uk and has a spouse visa that lasts for another 2 years , she doesnt love her husband

As spouse visas are valid for 27 months, she must have changed her mind about her husband very quickly!

At the moment the only right she has to be living in the UK is her marriage. If this ends, so does any right she has to live in the UK.

Whilst it is extremely unlikely that the UKBA will follow up any report from her husband that the marriage is over, she will not be able to extend her stay in the UK once her current leave expires without the husband's assistance; they would both have to declare that the marriage has been, and still is, extant. If she enlisted his co-operation to make a false declaration and this was discovered then she would be deported from the UK and the husband could face serious legal repercussions.

The only way she could leave her husband and still be able to apply to remain in the UK is if he has committed domestic violence against her. Her word on this would not be sufficient; she would have to provide police and medical reports to back up the claim.

There is nothing to stop her returning to Thailand, divorcing him, marrying you and then applying to return to the UK as your spouse.

To divorce in Thailand with his consent requires them both to attend an ampur (sort of combination town hall/registry office). if he does not consent then she would need to divorce via the Thai courts. They can divorce at the Thai embassy in London, but whilst this would be valid in Thailand it would not be valid in the UK; under UK law they would still be married. The only way one can divorce in the UK is via the courts. Also, before they can divorce in the UK they must have been married for at least 2 years.

[martin1234]

currently lives in the uk and has a spouse visa that lasts for another 2 years , she doesnt love her husband

As spouse visas are valid for 27 months, she must have changed her mind about her husband very quickly!

At the moment the only right she has to be living in the UK is her marriage. If this ends, so does any right she has to live in the UK.

Whilst it is extremely unlikely that the UKBA will follow up any report from her husband that the marriage is over, she will not be able to extend her stay in the UK once her current leave expires without the husband's assistance; they would both have to declare that the marriage has been, and still is, extant. If she enlisted his co-operation to make a false declaration and this was discovered then she would be deported from the UK and the husband could face serious legal repercussions.

The only way she could leave her husband and still be able to apply to remain in the UK is if he has committed domestic violence against her. Her word on this would not be sufficient; she would have to provide police and medical reports to back up the claim.

There is nothing to stop her returning to Thailand, divorcing him, marrying you and then applying to return to the UK as your spouse.

To divorce in Thailand with his consent requires them both to attend an ampur (sort of combination town hall/registry office). if he does not consent then she would need to divorce via the Thai courts. They can divorce at the Thai embassy in London, but whilst this would be valid in Thailand it would not be valid in the UK; under UK law they would still be married. The only way one can divorce in the UK is via the courts. Also, before they can divorce in the UK they must have been married for at least 2 years.

thanks for the reply not really what i wanted to hear but is what i expected , to be honest i think she changed her mind about her husband before she even married him but just one of them things , so i take it if she stays with him for 2 more years and then gets her next visa she could leave him then , would she have any right to stay here if she were pregnant by me ?

[7by7]

If she were to stay with him for another two years and obtain her ILR then she could stay if she left him. However, if it came to light that she obtained the ILR by making a fraudulent declaration, then the ILR would be revoked, she would be deported and possibly banned from the UK for 10 years.

would she have any right to stay here if she were pregnant by me ?

How long have you known her? Can't be more than a couple of months; a bit too soon to be thinking of having children, IMHO! It wouldn't automatically give her any right to stay, anyway. She would almost certainly have to return to Thailand and apply again for settlement.

That's my understanding, but I stand to be corrected by someone more knowledgeable.

[martin1234]

If she were to stay with him for another two years and obtain her ILR then she could stay if she left him. However, if it came to light that she obtained the ILR by making a fraudulent declaration, then the ILR would be revoked, she would be deported and possibly banned from the UK for 10 years.

would she have any right to stay here if she were pregnant by me ?

How long have you known her? Can't be more than a couple of months; a bit too soon to be thinking of having children, IMHO! It wouldn't automatically give her any right to stay, anyway. She would almost certainly have to return to Thailand and apply again for settlement.

That's my understanding, but I stand to be corrected by someone more knowledgeable.

no i have known her for a few years and originally she wanted to be with me but it was me that wasnt ready to settle down as i have a business and needed to put my efforts and concentration into that , now that the business is running ok i am ready to be with her now but looks like i might have to wait a while yet

[7by7]

So you turned her down, she married another bloke she didn't have feelings for because it's "just one of them things!"

One has to wonder why she married him. To get into the UK and take up with you again?

Now you have changed your mind and want to be with her, and she wants to leave him to be with you!

It seems that both of you have made poor decisions, and now you have to live with that and accept that it is not going to be quick nor easy to sort it all out.

To be honest, I've no sympathy for either of you; but a lot of sympathy for her husband.

[martin1234]

So you turned her down, she married another bloke she didn't have feelings for because it's "just one of them things!"

One has to wonder why she married him. To get into the UK and take up with you again?

Now you have changed your mind and want to be with her, and she wants to leave him to be with you!

It seems that both of you have made poor decisions, and now you have to live with that and accept that it is not going to be quick nor easy to sort it all out.

To be honest, I've no sympathy for either of you; but a lot of sympathy for her husband.

well to be honest i dont expect any sympathy from anyone that isnt why i came on here but thanks for the help anyway

[nigelandjan]

hi there i have a bit of a tricky situation that i need help with , i have a girlfriend from thailand who currently lives in the uk and has a spouse visa that lasts for another 2 years , she doesnt love her husband obviously or she wouldnt be seeing me , she wants to leave him and live with me but we need to know if she leaves him can he have her thrown out of the uk ? any help would be much appreciated

thanks

martin

Couple of points .

1. What are you doing messing about with a married woman ? ( dont want an answer )

2. Go and find yourself a PROPER Thai lady there is plenty out there , ( let me explain ,, last week a good friend of mine visited our home ( in the UK ) and completely in his mind inofensifely pecked my wife on the cheek which at the time she went along with , but I did think oh oh!! later that night when they had gone she told me how much that hurt her , as being my wife she is 100% only mine , even after I explained its no probs the western way she was unconfortable with it,, I quietly explained to my friend the next day no more pecks please .

I also feel sorry for her husband for all the hard work ,, time and money he has put in to get his wife with him in the Uk ,, pity he did not do his homework more thoughraly about her.

[Thongkorn]

I know its a bit cynical but do you have more money than her Husband!

[ThaiVisaExpress]

You would find it very difficult gaining entry to the UK quickly if she divorced him and returned to Thailand. The ECO would possibly think she only married first time to enter the UK which looks likes this was the case however I'm not here to judge your personal situation.

He may write to the UK/BA and inform them they are no longer in a subsisting relationship and the visa could be cancelled. Then moving onto you both you would need to demonstrate to the ECO that your relationship is genuine over a period of time.

Good luck.

[martin1234]

You would find it very difficult gaining entry to the UK quickly if she divorced him and returned to Thailand. The ECO would possibly think she only married first time to enter the UK which looks likes this was the case however I'm not here to judge your personal situation.

He may write to the UK/BA and inform them they are no longer in a subsisting relationship and the visa could be cancelled. Then moving onto you both you would need to demonstrate to the ECO that your relationship is genuine over a period of time.

Good luck.

thats why i think i will have to wait for her for at least two years because she said if she was to leave him now she may not get another visa , our only other option might be to live in thailand togethor

[martin1234]

I know its a bit cynical but do you have more money than her Husband!

its definatly not a money thing

[martin1234]

hi there i have a bit of a tricky situation that i need help with , i have a girlfriend from thailand who currently lives in the uk and has a spouse visa that lasts for another 2 years , she doesnt love her husband obviously or she wouldnt be seeing me , she wants to leave him and live with me but we need to know if she leaves him can he have her thrown out of the uk ? any help would be much appreciated

thanks

martin

Couple of points .

1. What are you doing messing about with a married woman ? ( dont want an answer )

2. Go and find yourself a PROPER Thai lady there is plenty out there , ( let me explain ,, last week a good friend of mine visited our home ( in the UK ) and completely in his mind inofensifely pecked my wife on the cheek which at the time she went along with , but I did think oh oh!! later that night when they had gone she told me how much that hurt her , as being my wife she is 100% only mine , even after I explained its no probs the western way she was unconfortable with it,, I quietly explained to my friend the next day no more pecks please .

I also feel sorry for her husband for all the hard work ,, time and money he has put in to get his wife with him in the Uk ,, pity he did not do his homework more thoughraly about her.

couple of points

1 how do you know HE did all the hard work to get the visa ? and what do you class as a PROPER thai lady she comes from thailand and she is a woman , that sounds like a proper thai lady to me , i came on here for visa advice not relationship advice

thanks anyway

[ThaiVisaExpress]

I would perhaps think it would be better for her to return to Thailand and writing to the UK/BA explaining she does not love her husband and wishes to cancel the visa .As she has met you etc and wishes to continue a relationship with you or she sits tight and see the visa out ?

I really cant guide you i just wish to give you my thoughts it would look a lot better for you both for future applications IMO.

Others will add their thoughts im sure i wish you both good luck, i do feel sympathy for her husband who has spent a lot of time and money on her entry to the UK.

[martin1234]

I would perhaps think it would be better for her to return to Thailand and writing to the UK/BA explaining she does not love her husband and wishes to cancel the visa .As she has met you etc and wishes to continue a relationship with you or she sits tight and see the visa out ?

I really cant guide you i just wish to give you my thoughts it would look a lot better for you both for future applications IMO.

Others will add their thoughts im sure i wish you both good luck, i do feel sympathy for her husband who has spent a lot of time and money on her entry to the UK.

thanks for that if the truth be known i feel sorry for him aswell i dont want to hurt him or anyone else but sometimes life isnt as easy as we would like so i think i will just have to sit and wait i do love her and am quite sure she feels the same for me , i would quite happily give him any money back with more for the trouble but i realise its not about money

thanks for help

[personchester]

I would perhaps think it would be better for her to return to Thailand and writing to the UK/BA explaining she does not love her husband and wishes to cancel the visa .As she has met you etc and wishes to continue a relationship with you or she sits tight and see the visa out ?

I really cant guide you i just wish to give you my thoughts it would look a lot better for you both for future applications IMO.

Others will add their thoughts im sure i wish you both good luck, i do feel sympathy for her husband who has spent a lot of time and money on her entry to the UK.

thanks for that if the truth be known i feel sorry for him aswell i dont want to hurt him or anyone else but sometimes life isnt as easy as we would like so i think i will just have to sit and wait i do love her and am quite sure she feels the same for me , i would quite happily give him any money back with more for the trouble but i realise its not about money

thanks for help

Well ... You should not have come on line here asking for advice on UK immigration matters based on, and surrounded by, circumstances that can only be regarded as morally wrong, therefore don't be surprised if you are being criticized, moreover, some of your explanations don't make sense, starting a business does not prevent a man from getting married, on the contrary having a wife whilst staring a business can be positive, anyway that is your story, the fact that you mentioned your intention to have a baby with your girlfriend at this stage of your relationship seems to indicate that you intent to use the birth of a baby as an advantageous immigration tool, in order to keep your girlfriend (the other man's wife) planted in the UK, moreover, it might not have escaped you attention that by having a baby you will automatically initiate the UK welfare payment system, that is to say providing a council house, and regularly income.

Your story is indicative of the fact that the husband of your girlfriend was conned from the outset, that is to say plan "A" and plan "B" first you tried to get the girl into the UK but were unable (due to negative financial circumstances) to get a visa for her, thus plan "B" came into play, marry an older man who can prove to the embassy that he can look after her and thus gets a visa for entry in the UK, but once in the UK the plan is to leave him so that you 'two' can be together again, yes, one is bound to feel sorry for the husband who spend time and money on all of this, and is now financially and emotionally penalized, and no doubt immensely embarrassed.

[Boo]

I beleive under thai law, if the women is married but has a child with another man, her legal husband will be considered the father of the child. Anyone can clarify that?

I would say having a child is the last thing to consider. TVE has given you the best advice IMO, she returns to Thailand, gives in her visa herself with a letter explaining that on arrival in UK things weren't working so she has decided to return. Then spend sometime together in thailand & apply in future with a clean slate.

If the husband doesn't agree to a thai amphur divorce though, then it will need to follow the normal process, seperation for a period of time, then divorce.

[ThaiVisaExpress]

You will gain much more respect for any future application if you was honest. Or sit tight for two years then it could take you a very ling time to show them you are in a subsisting relationship for her to re gain entry to the UK. Are you prepared to go down this long road to be together because you have a lot of people to convince in the future and again it is going to cost you both emotionally and financially.

As for her partner he deserves to find happiness again and should not waste 2 years with someone who does not love him.

Lets not go down the road please of he has done wrong i have my opinion as do others, however this is my opinion on her immigration status.

Good luck to everyone concerned.

[ThaiVisaExpress]

I beleive under thai law, if the women is married but has a child with another man, her legal husband will be considered the father of the child. Anyone can clarify that?

I would say having a child is the last thing to consider. TVE has given you the best advice IMO, she returns to Thailand, gives in her visa herself with a letter explaining that on arrival in UK things weren't working so she has decided to return. Then spend sometime together in thailand & apply in future with a clean slate.

If the husband doesn't agree to a thai amphur divorce though, then it will need to follow the normal process, seperation for a period of time, then divorce.

I'm not sure on the child father angle but my office could clarify this if i email them.

[Boo]

I just recall some threads about it in family section. I think Mario will know for sure.

[ThaiVisaExpress]

Yes Boo be interesting to know the answer.

[venturalaw]

To the OP, the only way you could make this worse - much much worse, is to bring an innocent child into the mix. It's one thing to take advantage of an adult - your gf faking affection to enter into a fraudulent marriage to gain entry to the UK, but then to have a child potentially for the purpose of prolonging or guaranteeing said fraudulent stay, is unconscionable. Talk about lowlifes! You and your gf are two excellent reasons for birth control.

[7by7]

how do you know HE did all the hard work to get the visa ?

Are you saying that she did all the running around to get all the documents, including details of his home, his income and his bank accounts? Did she also pay the fee?

i came on here for visa advice not relationship advice

You may not like some, or any, of the comments made about you, her and your relationship. However, whatever course of action you decide upon someone, whether they are an ECO at the Bangkok embassy or the equivalent at the UKBA, is going to have the same thoughts and be asking you and she some very difficult questions.

If either of you have an ounce of common human decency you will immediately confess all to her husband. She returns to Thailand and they divorce and she then applies for another visa as your wife or fiance. If you can convince the ECO that the current marriage was all a terrible mistake, then she may even get it.

If you take the alternative course of continuing to deceive her husband until she has obtained her ILR (which he will no doubt pay for) then not only do you show that neither of you have any honour or decency you also run the risk of being discovered and she possibly deported and and banned from the UK for up to 10 years, or even forever if para 320(11) applies. Which, if you take this second course, in my opinion would be thoroughly deserved.

Your choice, be a man and do the decent thing, or continue to abuse an innocent man's feelings and finances.

[martin1234]

To the OP, the only way you could make this worse - much much worse, is to bring an innocent child into the mix. It's one thing to take advantage of an adult - your gf faking affection to enter into a fraudulent marriage to gain entry to the UK, but then to have a child potentially for the purpose of prolonging or guaranteeing said fraudulent stay, is unconscionable. Talk about lowlifes! You and your gf are two excellent reasons for birth control.

i think if you read my post properly you will see that i asked what if she were pregnant , that does not say i intend to get her pregnant or that she wants to get pregnant i was just asking the question , i didnt come on this forum for any relation ship advice i asked for visa advice so i would say to you read the topic headline first and if you have nothing to say that can help regarding the question i asked then dont bother answering, i dont need moral advice from any one including you .you have obviously led a perfect life and never made a mistake well good for you

[martin1234]

I would perhaps think it would be better for her to return to Thailand and writing to the UK/BA explaining she does not love her husband and wishes to cancel the visa .As she has met you etc and wishes to continue a relationship with you or she sits tight and see the visa out ?

I really cant guide you i just wish to give you my thoughts it would look a lot better for you both for future applications IMO.

Others will add their thoughts im sure i wish you both good luck, i do feel sympathy for her husband who has spent a lot of time and money on her entry to the UK.

thanks for that if the truth be known i feel sorry for him aswell i dont want to hurt him or anyone else but sometimes life isnt as easy as we would like so i think i will just have to sit and wait i do love her and am quite sure she feels the same for me , i would quite happily give him any money back with more for the trouble but i realise its not about money

thanks for help

Well ... You should not have come on line here asking for advice on UK immigration matters based on, and surrounded by, circumstances that can only be regarded as morally wrong, therefore don't be surprised if you are being criticized, moreover, some of your explanations don't make sense, starting a business does not prevent a man from getting married, on the contrary having a wife whilst staring a business can be positive, anyway that is your story, the fact that you mentioned your intention to have a baby with your girlfriend at this stage of your relationship seems to indicate that you intent to use the birth of a baby as an advantageous immigration tool, in order to keep your girlfriend (the other man's wife) planted in the UK, moreover, it might not have escaped you attention that by having a baby you will automatically initiate the UK welfare payment system, that is to say providing a council house, and regularly income.

Your story is indicative of the fact that the husband of your girlfriend was conned from the outset, that is to say plan "A" and plan "B" first you tried to get the girl into the UK but were unable (due to negative financial circumstances) to get a visa for her, thus plan "B" came into play, marry an older man who can prove to the embassy that he can look after her and thus gets a visa for entry in the UK, but once in the UK the plan is to leave him so that you 'two' can be together again, yes, one is bound to feel sorry for the husband who spend time and money on all of this, and is now financially and emotionally penalized, and no doubt immensely embarrassed.

just wondered where the uk welfare payment system came in to it , did i say we would need a council house ? no , did i say that we would need any financial help at all ? no , did i say that i tried to get her into the uk but couldnt ? no so stick to the facts please and if you cant help with the question i asked then dont answer thanks

[ThaiVisaExpress]

I think he has the answer to the question and we need add no further comments on this matter IMO.

Sorry but he has been given good advise please take on board everyone's feelings and do the correct thing.

If you love this girl as you say then go about this the correct way and you both may get the result you require. And again lets not forget her partner he deserves to start again and i hope he finds happiness again.

You should let her return to her host country and demonstrate a subsisting relationship over the next two years.

[sbk]

I agree

//CLOSED//

[Maestro]

A flame and the replies to it have been deleted.

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Maestro