Uk Spouse Visa

[DPinSBW]

Hi, not sure if anyone knows (or may have heard) the answer to this question.

My wife currently has a 2 year spouse visa for the UK, after which time she can apply to settle there forever. We were living together in the UK for 15 months, but for personal reasons we have now returned to Thailand. Her visa still has another 5 months before it expires, but I want to know if we stay in Thailand beyond that expiry, and then decide to go and settle permanently in England, can she apply for a new spouse visa, or is there some rule that says you can only apply for one spouse visa in your lifetime?

Hope somebody can offer some advice, as this is causing some stress.

Thanks

[vinny]

The scouser could probably give a definite answer. But I don't remember reading any clause that says you can only apply for one spouse visa in your lifetime. Some people may get married more than once. It's just that you will have the enjoyment of having to repeat the visa application process all over again.

You can read the rules yourself, see SPOUSES AND CIVIL PARTNERS and Part 9: General grounds for the refusal of entry clearance, leave to enter or variation of leave to enter or remain in the United Kingdom.

Perhaps more interestingly for you and your wife, if your stay outside the UK is over 4 years, are clauses 281(i)( b ) and 282.

Edited February 7, 2006 by vinny

[the scouser]

Your missus can apply for as many settlement visas as she needs. Also, as they issued the first one and you are still together, unless your other circumstances have changed, the application should be a straightforward process.

Scouse.

[DPinSBW]

Would they not be reluctant to issue another visa, since she didn't stay in England the first time, or do they not really care about that?

[GU22]

She will need to explain why she had to return to Thailand and satisfy the ECO that her intention is now to remain in the UK indefinitely. Provided she can do so then she should not have a problem.

You say that she still has 5 months to go on her original visa. Is it not possible to return to the UK for that time so she can get her Indefinite Leave to Remain?