Possible Thai Passport Problem? Uk Ilr

[cookie78]

Sorry, my first posting. I've been a lurker for a while but I'm hoping someone on here can help me with some legal advise.

I lived in Thailand for a number of years until I returned to the UK two years ago. Been married to a Thai lady for 7 years. My wife's business went tits up and we were getting a lot of hassle from creditors including death threats. I was advised to get out of the country and my wife went awol. She applied for, and got her UK settlement visa, but discovered that there was a warrant for her arrest before she was able to leave the country. It cost me an arm and a leg in tea money to get her across the border and in to the UK and she's been here for 18 months, working all the hours God sends to try and pay back at least some of the creditors.

That's the background, now for the problems.

1. Are warrants for arrest indefinate in Thailand, or is there a time limit? The warrant is for fraud and a successful outcome could mean up to 1 year in nick.

2. Her Thai passport is due to expire 3 months after she applies for ILR. What would her chances be of renewing it be and, more to the point, does she actually NEED it since she is unlikely to return to Thailand in the foreseeable future

If there are any legal eagles reading this I would appreciate some input.

[bobrussell]

You need proper legal advice! I suspect this will be way outside the expertise of the vast majority of posters.

Your wife will probably struggle to get ILR as the application includes questions about criminal records including cases yet to go to court both in the UK and abroad.

If there is a warrant out for her arrest I would suspect the chance of ILR is pretty small.

Start with a good immigration lawyer!

Hopefully someone here has the expertise but this sounds like a very complicated case.

[7by7]

On the lapsed passport side, it doesn't matter if her passport lapses once she has ILR; I'm not even 100% sure if it has to be valid when she applies!

What would happen if she turned up at the Thai embassy to renew it, I don't know. All Thai passport applications are sent to Thailand to be processed; I suspect that bells would start ringing and (worst case scenario) maybe an extradition order issued for her arrest and deportation to Thailand to stand trial.

What the statute of limitations in Thailand for fraud is, if any, I don't know. I doubt that it's as short as 18 months, though!

As Bob says, she will be asked about criminal convictions or charges etc. in her ILR application; if she doesn't mention this and it is later discovered then that is a very serious matter; obtaining ILR by deception. Her ILR could be canceled, she deported and banned from ever entering the UK again.

You not only need a UK lawyer, I think you need a Thai one as well.

BTW, I've edited your topic title to make the subject a bit clearer.

[cookie78]

Thank you for the replies. At the risk of splitting hairs, she hasn't been charged with any offence as of yet. The warrant is an "invitation" to talk with the powers that be to decide if charges are appropriate. So I can't see why the replies to the ILR questions shouldn't be in the negative. Maybe I'm wrong. I guess eventually I will need to take legal advise.

[bobrussell]

I accept the wording does say 'charged' but failure to disclose an active arrest warrant on the application could be considered a serious failure and might lead to serious visa consequences. If there was no case to answer the question arises as to why someone had to be smuggled across a border rather than face questioning. This is how I would expect the authorities to view the situation!

Even if granted ILR could be removed if the authorities consider there was failure to disclose salient facts and therefore obtained it by deception.

Take proper legal advice as soon as possible and remember she must not overstay her present visa. From memory anyone overstaying more than 28 days now needs to reapply in their own country. You say she has been in the UK 18 months already so there would appear to be 6 months to go. The legal world moves slowly!

[Thongkorn]

if you are in the UK , why not just try and renew it here, at the Thai Embassy London. after you have ILR.

[Soutpeel]

Thank you for the replies. At the risk of splitting hairs, she hasn't been charged with any offence as of yet. The warrant is an "invitation" to talk with the powers that be to decide if charges are appropriate. So I can't see why the replies to the ILR questions shouldn't be in the negative. Maybe I'm wrong. I guess eventually I will need to take legal advise.

Actually an "invitation" to talk to the BiB infers a charge has been laid and if she hasnt turned up a warrant has been issued for her arrest, and this will warrant will stand as long as she doesnt attend to the matter either directly or via a lawyer

[7by7]

if you are in the UK , why not just try and renew it here, at the Thai Embassy London. after you have ILR.

What would happen if she turned up at the Thai embassy to renew it, I don't know. All Thai passport applications are sent to Thailand to be processed; I suspect that bells would start ringing and (worst case scenario) maybe an extradition order issued for her arrest and deportation to Thailand to stand trial.

cookie78.

If she does disclose it in her ILR application the UKBA may or may not consider it serious enough to refuse her ILR application. That depends on what the charges are, what sentence she would have received had she been found guilty of the same crime in the UK and whether or not, if she had been sentenced in the UK, the conviction would be spent under the Rehabilitation of Offenders Act.

If she doesn't disclose it then she is guilty of attempting to obtain ILR by deception and if discovered her ILR will be refused and she will be deported.

If they don't discover it at the application stage but do later she will be guilty of obtaining ILR by deception and her ILR will be revoked and she will be deported.

Do you and her really want to be looking over your shoulders for the rest of your lives? Unable to return to Thailand because of the possible charges she may face; worried that the UKBA will discover her deception and deport her.

Sorry to shout; BUT YOU MUST SORT THIS OUT NOW!