What To Do After 2 Years Is Up?

[SudaratMam]

Hi all

Any help would be much appreciated.

A good friend of mine, Mam she's called. She has a 2 year Spouse Visa and it will expire in early 2011. This is very complicated so sadly needs a new topic to be created. She has been married to her husband for nearly 5 years. Three years they spent together in Thailand. Her mothers kidney doesn't work, so so needs many visits to the hospital to clean the kidney. Her husband currently lives in Thailand. They both have a house in Thailand where he lives. He let her travel and stay in the UK for all this time, because she needs to work for her mum who has very expenisve medical bills. He cares for her Mum.

She will do the life in UK test soon.

But my question I have for her, is will it be a problem for her to apply for ILR. If she is unsucessful will she be granted another 2 year extention which she has now?

I'm here to give you any further information if you need it.

Many thanks in advance.

[ThaiVisaExpress]

Is her husband with her in the UK or Thailand ?

[SudaratMam]

Is her husband with her in the UK or Thailand ?

Thanks for your reply.

Her husband stay in Thailand and help support her mother who has bad health problem with kidney, but he come to UK soon to visit his wife. He allow her to go because he know she really have no choice but to work for her mum, with the medical bills being as expensive as they are. Her husband is retired age (60 or 61)

She is working now and has been for a long time, just a basic job she has.

[7by7]

The problem as I see it is that in order for her to obtain ILR, she and her husband will need to show that they are living together in the UK and have been for the preceding two years. Sorry to be blunt, but a spouse visa and then ILR is not so she can come to the UK to work while her husband stays in Thailand; no matter how compassionate the circumstances.

As they have been married for 5 years, then she could take her Lituk test and then return to Thailand and apply again for a spouse visa. This time she should be given ILE, which is the same as ILR but issued outside the UK, not inside. See Uk Settlement; Spouse Visa Or Ile? Have you been married for 4 years or more? It would still, I think, be bending the rules as he wouldn't be coming with her, but would probably be easier than trying to obtain ILR in the UK. (Cheaper, too, if one ignores the cost of the flights.)

That's all I can think off, but maybe one of the professionals will be able to offer something more positive.

[Rayongy]

The problem as I see it is that in order for her to obtain ILR, she and her husband will need to show that they are living together in the UK and have been for the preceding two years. Sorry to be blunt, but a spouse visa and then ILR is not so she can come to the UK to work while her husband stays in Thailand; no matter how compassionate the circumstances.

As they have been married for 5 years, then she could take her Lituk test and then return to Thailand and apply again for a spouse visa. This time she should be given ILE, which is the same as ILR but issued outside the UK, not inside. See Uk Settlement; Spouse Visa Or Ile? Have you been married for 4 years or more? It would still, I think, be bending the rules as he wouldn't be coming with her, but would probably be easier than trying to obtain ILR in the UK. (Cheaper, too, if one ignores the cost of the flights.)

That's all I can think off, but maybe one of the professionals will be able to offer something more positive.

Scouser?

[SudaratMam]

Thanks 7by7, no worries for being blunt. I would rather know the truth.

He does have many letters going to his sister house in the UK. Bank statements, etc.. also his wife who is in the UK. Her bank statements and pay slips also go to his sisters house. Would this be enough to show that they are living together? Even though he is living in Thailand.

Thanks for all the replies.

[Rayongy]

a mate of mien does the same - he's in Nigeria and the Mrs is in the UK.

[SudaratMam]

a mate of mien does the same - he's in Nigeria and the Mrs is in the UK.

Interesting. Do you know if she was able to get the ILR even though they were living apart?

[yeesipha]

Thanks 7by7, no worries for being blunt. I would rather know the truth.

He does have many letters going to his sister house in the UK. Bank statements, etc.. also his wife who is in the UK. Her bank statements and pay slips also go to his sisters house. Would this be enough to show that they are living together? Even though he is living in Thailand.

Thanks for all the replies.

one thing, i think the guy will need to provide his passport along with the ILR application for his wife,yes ,you could send HIS passport by post back to the UK for her to submit with the ILR application

but the visa stamps will show he has been in thai, sooo not a good idea.

[SudaratMam]

Thanks 7by7, no worries for being blunt. I would rather know the truth.

He does have many letters going to his sister house in the UK. Bank statements, etc.. also his wife who is in the UK. Her bank statements and pay slips also go to his sisters house. Would this be enough to show that they are living together? Even though he is living in Thailand.

Thanks for all the replies.

one thing, i think the guy will need to provide his passport along with the ILR application for his wife,yes ,you could send HIS passport by post back to the UK for her to submit with the ILR application

but the visa stamps will show he has been in thai, sooo not a good idea.

Yes, I was thinking that may an issue if he has to send his passport along with the application. Thanks for that anway.

[7by7]

One thing to consider is that any application she makes for ILR may be fraudulent; especially if she and her husband say that they live together in the UK when they don't.

The consequences if discovered making a fraudulent application could be as severe as permanent exclusion from the UK for her and a prison sentence for him.

[SudaratMam]

One thing to consider is that any application she makes for ILR may be fraudulent; especially if she and her husband say that they live together in the UK when they don't.

The consequences if discovered making a fraudulent application could be as severe as permanent exclusion from the UK for her and a prison sentence for him.

Thank you 7by7 and others for helping on this.

[Rayongy]

One thing to consider is that any application she makes for ILR may be fraudulent; especially if she and her husband say that they live together in the UK when they don't.

The consequences if discovered making a fraudulent application could be as severe as permanent exclusion from the UK for her and a prison sentence for him.

And i wonder how likely either are. Prison.......

And as for permanent exclusion, a friend has just been granted an ILE visa, she entered the UK in 1996 on a tourist visa, left in 2004!!!!! 8 years overstay. She married in 2004 in Thailand and her and her husband just returned....

[SudaratMam]

One thing to consider is that any application she makes for ILR may be fraudulent; especially if she and her husband say that they live together in the UK when they don't.

The consequences if discovered making a fraudulent application could be as severe as permanent exclusion from the UK for her and a prison sentence for him.

And i wonder how likely either are. Prison.......

And as for permanent exclusion, a friend has just been granted an ILE visa, she entered the UK in 1996 on a tourist visa, left in 2004!!!!! 8 years overstay. She married in 2004 in Thailand and her and her husband just returned....

Wow, if she could get an ILE after overstaying for 8 years then, things may look rosey for her. Thanks for that post.

[7by7]

Immigration Rules

Para 287

Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner.

Immigration Rules.,

Para 322

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused

(1A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.

Note that it says "are to be refused," not "may be" or "should be."

Para 320(11)

Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused

where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.

There are also rules which state that an existing leave to enter/remain can be canceled if it is found to have been obtained fraudulently, and a person can be refused entry at a port and their leave canceled if it is found to have been obtained fraudulently.

Also, a British resident conspiring in a fraudulent application could suffer a prison sentence.

One may consider these sanctions to be the extreme and unlikely to happen; but, SudaratMam, your friend should be aware of them and then it is up to her to decide if she wants to take the risk.

As for Rayongy's friend; overstaying is not the same as making a fraudulent application. Also, how an overstayer is treated depends upon the circumstances of their discovery and leaving the UK; did they leave voluntarily for example.

Also, if judged under 320(7)( b ) then it wont apply to spouse applications; but if considered serious enough to be judged under 320(11) then it will.

Again, up to her if she wants to take the risk.

[SudaratMam]

Immigration Rules

Para 287

Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner.

Immigration Rules.,

Para 322

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused

(1A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant's knowledge), or material facts have not been disclosed, in relation to the application.

Note that it says "are to be refused," not "may be" or "should be."

Para 320(11)

Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused

where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.

There are also rules which state that an existing leave to enter/remain can be canceled if it is found to have been obtained fraudulently, and a person can be refused entry at a port and their leave canceled if it is found to have been obtained fraudulently.

Also, a British resident conspiring in a fraudulent application could suffer a prison sentence.

One may consider these sanctions to be the extreme and unlikely to happen; but, SudaratMam, your friend should be aware of them and then it is up to her to decide if she wants to take the risk.

As for Rayongy's friend; overstaying is not the same as making a fraudulent application. Also, how an overstayer is treated depends upon the circumstances of their discovery and leaving the UK; did they leave voluntarily for example.

Also, if judged under 320(7)( b ) then it wont apply to spouse applications; but if considered serious enough to be judged under 320(11) then it will.

Again, up to her if she wants to take the risk.

Thank you 7by7, for taking the time to supply that information.