Settlement Visa Over Renewal Date

[nik2]

Can anyone give me some advise on this issue. My partner and father to my child (unmarried) who is a Thai citizen had received a settlement visa to join me in the UK. The visa was for a 2 year period and then we had to extend it. We lived in the UK but at the time due for it to be extended we were in Thailand. We were not worried about renewing it as we were informed by the embassy that we could do this at Bangkok.

Unfortunately during this time we heard the devastating news that my brother had been murdered. Due to this I packed a back and took the first flight back to the UK to be with my parents. The case with my brother has been a complicated and ongoing one. The British embassy and other government organisations have been involved and now 6 months on things are still not settled.

Due to all this my partner stayed in Thailand as we were not sure of what was going on, of course we were all devastated by the news and were not in the position to progress with the visa. Now we want to have my partner join us in the UK and are told by the embassy, sorry but due to the visa expiring we have to go through the whole process again.

I can't believe that they won't let us just do an extension on the visa due to the cirmcumstances. The problem with applying from the beginning is that the waiting period, (we have already been apart for 6 months) the cost, and also the fact that we can not show evidence of being together as we have been apart for the past 6 months due to the above reasons. I have tried to explain this to the embassy but not getting much response. I am really upset that they do not even take things like this into consideration.. Our daughter really misses her daddy and we have already lost one member of the family it is a great strain on us that we can not be reunited with another.

We are thinking of just trying to get him a tourist visa, just so he can be here for Christmas and to see his daughter, do you think is a good idea? and then try to change the visa once here. If there anywere or anyone else I can contact to help with this.

It has been a very trying and difficult time and I just can't believe that the embassy are going to put as through this.

[paully]

We are thinking of just trying to get him a tourist visa, just so he can be here for Christmas and to see his daughter, do you think is a good idea? and then try to change the visa once here.

He can't just 'change the visa once here' in the UK if it was a visitor visa.

Unfortunately, I think he will have to apply for a settlement visa all over again. You could try the letter to your MP route, but I suspect a fresh application will be needed.

[7by7]

I would like to offer my sympathy for your loss.

at the time due for it to be extended we were in Thailand. We were not worried about renewing it as we were informed by the embassy that we could do this at Bangkok.

I don't know who told you this, but they were wrong. A settlement visa cannot be extended outside the UK. If the holder of a settlement visa is outside the UK when it expires then they have to apply for another settlement visa if they wish to return to the UK to live.

As Paully says, a visit visa cannot be extended, neither can the holder switch to another category once in the UK.

Tragic though your circumstances are, the only way for your partner to to return to the UK to live is for him to apply for another settlement visa. That he was issued one before should make the whole process simpler as they have already accepted that your relationship etc. is genuine. Just provide updates on the evidence supplied before plus an explanation of why he was unable to apply for either Further or Indefinite Leave to Remain in the UK before returning to Thailand. If you have the name of the embassy official who misinformed you then I would also include this.

Edit.

I'm a little confused as on the 22nd September you said here that you and your child's father had split up and you had decided to leave Thailand due to his drinking and other behaviour. Have you now reconciled?

Edited October 13, 2009 by 7by7

[nik2]

although it is not anyone's business but our own personal one. Yes we have decided to try with our relationship again. We are both missing each other and also our daughter has been very disturbed by not having her daddy with us.

[paully]

Good luck with the application, Nik.

[7by7]

although it is not anyone's business but our own personal one. Yes we have decided to try with our relationship again. We are both missing each other and also our daughter has been very disturbed by not having her daddy with us.

I wish you luck.

I did have a reason for asking, though. It is none of my, or any other member's, business; but it is the business of the ECO. Apparent inconsistencies and contradictory statements in a visa application are a sure way to get a refusal. Make sure that all the evidence you produce and statements you make this time are consistent with what you have said in the past.