England Visa Stamp Every 2 Years

[vin1965]

Hi, Can anyone help me with this please.

My Thai wife has leave to remain in the United Kingdon for a indefinite period visa.

We live in Thailand and she must go back every 2 years to keep her visa.

She entered the UK on the 12 June 2008 and then returned to Thailand on the 3rd of July 2008.

My question is what is the last day she must return to the UK to keep this visa?

Thanks Vince

[Mossfinn]

Hi Vince

If no one answers soon, I'll make a call, see if someone I know will provide the answer.

Hope all is well on HMRP

Good Luck

Mo

[7by7]

Remember that it is indefinite, not permanent.

If the holder of ILR is now residing outside the UK then their ILR can only be used if they are returning to resume residence in the UK within two years of leaving. Returning for a visit every two years does not keep the ILR's validity.

Posted by Eff1n2ret here.

.........the passenger should be returning to resume residence. The instructions to Immigration Officers say this:-

"2.5. Doubts as to true intentions

Where a person seeks admission as a returning resident but there are clear and substantive reasons to doubt that the person is returning to settle in the United Kingdom, the immigration officer should try to establish his true intentions. If, after further examination, it is clear that the passenger is only visiting the United Kingdom before resuming residence overseas he should be admitted as a visitor.."

Re-admission as a visitor would have the effect of cancelling the ILR and the passenger would have to obtain a visa for subsequent trips.

As you and your wife are living in Thailand then she may be able to obtain a 10 year visitor's visa, see VAT1.4 Visa validity - What period for a multiple entry visit visa?

Remember that even though the visa would be valid for 10 years, she would only be able to remain in the UK for a maximum of 6 months per visit and a total of 6 months out of any 12.

When (if?) you decide to return to the UK to live then she would need to apply for a new settlement visa and go through the whole process up to ILR again.

The way to avoid all this is to remain in the UK not only long enough to get ILR (2 years) but also to become naturalised as British (3 years for the spouse or civil partner of a British citizen). Once British, and with a British passport, one can leave the UK for as long as one wishes and still return whenever and for as long as one desires.