Visa

[jim1563]

Hi

Just a quick question if anyone can help.

If i am successful with a settlement visa for my wife do we have to remain in the UK for 2 years or can we come back to Thailand when we please or will this make her visa void?

only plan to come back maybe 6 to 8 weeks a year so we can see friends and family.

cheers jim......................

[billd766]

Hi

Just a quick question if anyone can help.

If i am successful with a settlement visa for my wife do we have to remain in the UK for 2 years or can we come back to Thailand when we please or will this make her visa void?

only plan to come back maybe 6 to 8 weeks a year so we can see friends and family.

cheers jim......................

<{POST_SNAPBACK}>

I think that she has to stay in the UK for 9 months every year and she will not be able to run the 2 x 3months that she is allowed back together (ie 6 months).

The UK embassy in BKK has an email address that you can write in to for clarification, but I can't remember what it is though you can find it through Google.

[GuestHouse]

The rules can be found here Immigration Rules

With respect to the two year probationary period I have questioned the Home Office on this very point - my wife has obtained a 2 year settlement visa, but I have since been posted to one of my employer's offices in Europe, my wife is here with me.

The Home Office response is not encouraging. The Settlement Visa is issued for you to settle in the UK with your wife, indeed one of the specific questions on the application form is 'Do you intend to settle in the UK?'.

You will note that throughout the 'Rules', link posted above, reference is made to 'Present and Settled'. This will almost certainly preclude your wife applying if she and you have returned to the UK.

However, there is no rule regarding the amount of time you have to be in the UK. The rules regarding this matter state that where the majority of time has been spent outside of the UK consideration shall be given to reasons, location and length of time.

I believe my wife and I have a valid reason for being outside of the UK during the 2 year probationary period. (That of working elsewhere in Europe - European Law prohibits any law, rule or regulation that inhibits the movement of workers (and their dependents) between member states). We are arguing that delaying rights of residence and more importantly charging for a second application are real inhibitions to my moving around Europe for the purposes of work.

I can't see that you would get away with moving back to Thailand, this I believe would be seen as returning home.

Also be aware that even if your wife has a settlement visa, if you yourself are not resident in the UK and your wife visits the UK without you, she will need to have a visitor visa. My wife got caught with this exact catch on her last visit to the UK, she was allowed to enter the UK but only because she was clearly on a short visit, had a return ticket to Italy and because she has a one year Schengen Visa and Full Residence Rights in the Italy (The immigration officer was completely within his rights to have refused her entry - thankfully he did not).

[GuestHouse]

IMMIGRATION DIRECTORATES' INSTRUCTIONS SECTION CONTENTS CHAPTER 8 SECTION 1 SPOUSES Oct/04

4.5. Further guidance

There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules.

[GU22]

Hi

Just a quick question if anyone can help.

If i am successful with a settlement visa for my wife do we have to remain in the UK for 2 years or can we come back to Thailand when we please or will this make her visa void?

only plan to come back maybe 6 to 8 weeks a year so we can see friends and family.

cheers jim......................

<{POST_SNAPBACK}>

There is no set limit on the time spent outside the UK whilst living here with a settlement visa. However, as the purpose of the visa is to settle in the UK, when applying for ILR there may be a problem if you have spent more time outside the UK than in.

If you later wish to apply for British citizenship, then there is a residential requirement. You must not have spent more than 270 days out of the UK during the 3 year qualifying period, with no more tan 90 days in the last year.

[jim1563]

Hi

Thanks all for the help,its just i want to make sure i can return to Thailand once a year because we have things here i need to check on and to see my wifes family,and dont want to waste the visa if we get it .

Would like to claim for ltr in the future so we can come and go as we please..

Thanks again for your help Jim.................

[GU22]

Would like to claim for ltr in the future so we can come and go as we please..

I assume you mean ILR (Indefinite Leave to Remain). This is not an option, it's essential! If your wife does not apply for and receive ILR at the end of her 2 year settlement visa, she will have to leave the UK or else she will be in the UK illegally!

When the time comes to apply for ILR you will need to provide documents addressed to you both to show that you have been living together for the last 2 years. So put her name onto utility bills etc. now.