Fiancee Visa

[ant07]

Can anyone help please.

My Thai wife is very stressed at present because her Thai friend who came to the UK on a Fiancee Visa is extremely unhappy.

Her Friend has the two year visa extension in her passport, she has only been married for a few months however things are not going very smoothly for her. Without entering into great detail her husband is not being very kind whatsoever to put it mildly.

If she was to leave him now would she be told to return to Thailand ?

Plus if things continued or became worse, where would she stand about getting a divorce ?

If she does not complete the 2 year visa extension living with her husband does this mean she must return to Thailand.

She entered into the marriage in good faith and we both feel so very sorry for her.

[the scouser]

Hi Ant,

First things first. Your wife's friend would not be required to leave the UK during the currency of her 2-year stamp if she were to leave her husband unless she can be classed as an illegal entrant; e.g. she employed deceit in order to gain entry. In other words it is most unlikely.

If the marriage were to break down because the 2 don't get along the friend would not qualify for indefinite leave and would have to either seek leave in a different capacity or leave the UK. If she were to do the former any application would fall to be refused because she would not have entered the UK with a visa for entry in that capacity.

However, the immigration rules allow her to qualify for indefinite leave if she has been the recipient of domestic abuse. She would have to make the application as normal and explain to the Home Office the circumstances in which her marriage broke down, submitting proof of the domestic abuse (normally evidence from the police).

For your information there follow the rules for your guidance.

"289A. The requirements to be met by a person who is the victim of domestic violence and who is seeking indefinite leave to remain in the United Kingdom are that the applicant:

(i) was admitted to the United Kingdom or given an extension of stay for a period of 2 years as the spouse of a person present and settled here; or

(ii) was admitted to the United Kingdom or given an extension of stay for a period of 2 years as the unmarried partner of a person present and settled here; and

(iii) the relationship with their spouse or unmarried partner, as appropriate, was subsisting at the beginning of the relevant period of leave or extension of stay referred to in (I) or (ii) above; and

(iv) is able to produce such evidence as may be required by the Secretary of State to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence."

Cheers,

Scouse.

[the scouser]

Oops, forgot to say that if, however, the friend left the UK during her two years' leave she could be refused entry by the immigration officer upon her return as her the circumstances would have changed since the issue of the visa.

Just to recap - no, she won't be kicked out but if she voluntarily leaves she may have problems getting back in.

Scouse.

[ant07]

Thanks Scouser,

It was a great help,

Basicly she wants to remain in the UK as she's made many friends & has settled well despite all the problems.

There has been no physical abuse but certainly a great deal of mental torture.

If the marriage continues to encounter problems and she leaves him it appears from your answer that she is ok to stay up to the expiry date of the 2 yr visa but then it is `up in the air`

I will pass on your remarks,

Thanks Again.

[the scouser]

If the marriage continues to encounter problems and she leaves him it appears from your answer that she is ok to stay up to the expiry date of the 2 yr visa but then it is `up in the air`

<{POST_SNAPBACK}>

Exactly! The immigration rules only refer to domestic violence rather than mental torture. Perhaps at the time she can find a wily brief to argue that the two are synonymous.

Cheers,

Scouse.