2 Year Visa

[junglereps]

Great Forum BTW loadsa good info.

Here is my question....

My wife has just been issued a 2 year UK visa, we applied for this after she had a 6 month fiance visa. She would like to go back to Thailand for 4 months straight, is this allowed?

The reason I ask is that one of her friends has told her if she leaves UK for more than 3 months she forfits her visa. Is this true? personally i cant see it being like that.

thanks Andy

[thaiphoon]

Moving to Visas and migration to other countries forum.

[ThaiVisaExpress]

Yes we are talking about she has a 2 year multi entry settlement visa ?

Then yes she may just remember if she wishes to apply for naturalization it may affect this if she stays out the country for more than 90 days per year, however she is free to come and go as she pleases.

[junglereps]

Yes she has the mulit entry visa

sorry im not to clued up... whats naturalization? citizenship?

so would she have trouble getting back into UK if she stayed for 4 months?

thanks Andy

[7by7]

I assume that she entered the UK with a fiance settlement visa, the marriage has taken place and she now has a two year Further Leave to Remain.

As stated. there is no limit on how long she can be out of the UK for while she has FLR; as long as the FLR has not expired while she was away she will be allowed back in.

However, when the time comes for her to apply for Indefinite Leave to Remain she will need to show that she is a UK resident; so lengthy absences from the UK should be explained in that application to avoid any doubt on this point.

If/when she wishes to apply for naturalisation as British then time out of the UK does have an effect. During the three years prior to applying she must have spent no more than a total of 270 days out of the UK with no more than 90 days in the final year.

I suspect that her friend thinks this requirement applies to ILR as well as citizenship. Rest assured; it doesn't.

[junglereps]

Thanks 7by7 that is assuring advise. Please can you explain what she will need to apply for once the 2 years is up?

Can she apply for another 2 years FLR?

thanks Andy

[7by7]

She could apply for another two years FLR, but when that expired she would need to apply for another one, and when that expired the same again, and again every two years.

Also, while in the UK with FLR the prohibition on claiming certain public funds will apply.

Indefinite Leave to Remain is, as the title suggests, indefinite. It is more expensive than FLR, but once she has it that's it; no need to make any further applications. Unless she was out of the UK for a continuous period of two years or more in which case it would lapse.

Also, once she has ILR she is free to claim the same public funds that any other citizen/resident is.

See the page I linked to earlier for details of how to apply for ILR.

As well the other requirements mentioned on that page, she will also have to show that she satisfies the Knowledge of language and life in the UK requirement.

Once she has ILR and has lived in the UK for three years (starting when she first arrived as a fiance, or even before that if she came with another type of visa first) she can apply for naturalisation as British (see here). Doing so will not effect her Thai citizenship in any way as both the UK and Thailand allow dual citizenship.

The main advantages of citizenship are:-

1) Able to take a full and active role in UK life if desired; from voting up to standing for election.

2) Visa free travel to Europe and any other country where British citizens do not need a visa.

3) Unlike ILR, it cannot lapse; no matter how long one is out of the UK for.

Number 3 is often the important one, especially if a couple are considering moving to Thailand. As already said, ILR will lapse if out of the UK for a continuous period of two years or more. Also, if you are living in Thailand and wish to visit the UK then even though she may hold ILR an Immigration Officer at her port of entry could cancel that ILR if it was apparent that she was not actually resident in the UK and just using it for visits.

British citizenship cannot lapse, no matter how long one is out of the UK for, and British citizens can enter and leave the UK as often and for as long as they wish.

[spot]

My (Thai) wife has been in the UK for 10 months on a settlement visa. I've been offered the chance to finish my research degree working for a company based in Malaysia and Singapore. I would like the three of us, my son (Uk passport), my wife and myself to stay together.

What would happen to my wife's visa if we were all to spend a few months out of the UK?

Spot

[7by7]

As long as it has not expired when you return she will be allowed back in.

As said, there is no limit on the time spent out of the UK while qualifying for ILR, but when she applies for ILR she will need to explain the reason for the long absence and show that the UK is her main residence. Remember that she will have to satisfy the Knowledge of language and life in the UK requirement before applying for ILR and she can only do that in the UK.

If her current visa expires while she is out of the UK then she will have to apply for another one and start the process all over again.

[spot]

Thanks for the info, as always much appreciated.

Just one more question:

If we do spend quite a while out of the UK and my wife hasn't got time to complete the required Knowledge courses when we get back, would it then be better or even possible to apply for the FLR, so give us more time to sort things?

Spot.

[7by7]

If she hasn't satisfied the KOL requirement when she applies for ILR the application will be refused; and you wont get the fee back!

So yes, if she hasn't passed the LitUK test or progressed one level in an ESOL with citizenship course by the time her current visa expires, then she should apply for FLR; which will give her a further 2 years in which to do so.

Like ILR, she can only apply for FLR in the UK.