Uk Settlement Visa

[srisatch]

My friend... UK Passport married a Thai woman in the UK in 2001.

In April 2003 she got a 2yr visa for the UK..reason marriage...just after changed from 12 months to 2 years!

They have a child, aged nearly 3..has UK Passport, not well, ...they lived, from May 2003 for 18 months in UK; together brought child back to Thailand for 4 months, as have family to help care.

IND said originally, on phone, have to be in UK for first 6 months, then if you go away go together, wherever..Europe, US, Thailand, make sure all passports stamped...no restriction on time away..BUT!? True?

Now back in UK and 2 years will soon be up..and need SET(M) Right to Remain...Have all the documentation for Marriage/Living together/Same UK (and Thai)Address.Will IND grant it...do you know?Think? Or what? Any experience of this?

[the scouser]

Hi Srisatch,

The length of time spent outside the UK within the currency of the 2-year probationary stamp is not really an issue providing that the couple are still together and at the time of the indefinite leave application are settled in the UK.

For your guidance there follow the requirements which your friend's wife will have to satisfy:-

"287. (a) The requirements for indefinite leave to remain for the spouse of a person present and settled in the United Kingdom are that:

(i)(a) the applicant was admitted to the United Kingdom or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse of a person present and settled in the United Kingdom; or

( the applicant was admitted to the United Kingdom or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules and during that 2 year period married the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried partner and then the spouse of a person present and settled in the United Kingdom; and

(ii) the applicant is still the spouse of the person he or she was admitted or granted an extension of stay to join and the marriage is subsisting; and

(iii) each of the parties intends to live permanently with the other as his or her spouse; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds."

Cheers,

Scouse.

[srisatch]

Hi Srisatch,

The length of time spent outside the UK within the currency of the 2-year probationary stamp is not really an issue providing that the couple are still together and at the time of the indefinite leave application are settled in the UK.

For your guidance there follow the requirements which your friend's wife will have to satisfy:-

"287. (a) The requirements for indefinite leave to remain for the spouse of a person present and settled in the United Kingdom are that:

(i)(a) the applicant was admitted to the United Kingdom or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse of a person present and settled in the United Kingdom; or

( the applicant was admitted to the United Kingdom or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules and during that 2 year period married the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried partner and then the spouse of a person present and settled in the United Kingdom; and

(ii) the applicant is still the spouse of the person he or she was admitted or granted an extension of stay to join and the marriage is subsisting; and

(iii) each of the parties intends to live permanently with the other as his or her spouse; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds."

Cheers,

Scouse.

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Yes, I thought you might have the right reference. Thanks very much Mr Scouser!!