Visa Problem

[BlimeyCharlie]

My girlfriends visa has ran out, and her husband will not extend it as they have split up. We met after their split i might add. She has a child of just over 2 years.

My question is will she still have to return to Thailand if her husband refuses to extend her visa, the child was also born in Thai. He has made not contact as to wether he wants a residency or contact order over the child.

Will she need some form of proof that he doesn't want a residency order before she can return. She wants to return incidentally.

Thanks

Edited March 3, 2006 by BlimeyCharlie

[Carmine6]

Probably better response in the visa forum.

Also what kind of visa and what country?

[the scouser]

From your IP number, I presume you're British and your girlfriend had permission to stay in the UK for 2 years on the basis of being married to her husband.

In order to qualify for indefinite leave, your girlfriend has to show that her relationship with her husband is still subsisting, which, evidently, it's not, so, unfortunately, she wouldn't qualify for an extension. Furthermore, any application she does make to the Home Office which is subsequently refused will not attract a right of appeal as her visa has already expired. In such a situation, if she is to regularise her status in the UK, she would have to return to Thailand and apply for another visa. Obviously, her chances of success will be reduced as the visa officer might think that she's using her involvement with you as a means of getting back in to the UK.

If the child has spent 7 years in the UK, neither it nor the parent can be kicked out of the UK.

Scouse.

[GU22]

My girlfriends visa has ran out, and her husband will not extend it as they have split up.

If she was the victim of domestic violence from him then it is possible for her to still get her ILR. See Para 289A of the immigration rules in SPOUSES AND CIVIL PARTNERS

Otherwise she will need to return to Thailand and apply for another spouse or fiance visa with you as her sponsor. She will need lots of evidence that your relationship is genuine, for the reason Scouse stated.

[BlimeyCharlie]

My girlfriends visa has ran out, and her husband will not extend it as they have split up.

If she was the victim of domestic violence from him then it is possible for her to still get her ILR. See Para 289A of the immigration rules in SPOUSES AND CIVIL PARTNERS

Otherwise she will need to return to Thailand and apply for another spouse or fiance visa with you as her sponsor. She will need lots of evidence that your relationship is genuine, for the reason Scouse stated.

Thanks for the info people, but the problem we have is proving that there where domestic violence. There was no physical violence but there was emotional abuse and black mail, to the extent that she feared him when he came home. Various help centres and solicitor have spoken to us but to be quite honest the advice varied and no one really helped. It's difficult to prove something that happened behind closed doors, and we were looked upon as though we were doing this just to be together.

When my girfriend had taken has much as she possibly could and left to stay with a friend, her husand made no contact regarding their son and quickly moved away without any communication. This is exactly what he wanted, to push her to the limit so that he could basically abandon them. A week sick man than can only target those weeker than him. These marriages i am so against. I'm sure lots work out but if an older man is looking for a possesion that he quickly gets bored with, then he should be gutted.

I Hope any of you Thai girls reading this reallly know what your doing. Don't throw your life away for the short term gain despite how difficult your lifes may be.

[GU22]

Thanks for the info people, but the problem we have is proving that there where domestic violence. There was no physical violence but there was emotional abuse and black mail, to the extent that she feared him when he came home. Various help centres and solicitor have spoken to us but to be quite honest the advice varied and no one really helped.

This could be difficult, as Para 289A(iv) says

(iv) is able to produce such evidence as may be required by the Secretary of State to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence.

Section 5 of this pdf document gives more detail.

I think that specialist advice is needed here, so can only suggest that you seek the advice of a specialist immigration solicitor. The Immigration Advisory Service may be able to point you in the right direction.

[the scouser]

If you wish your girlfriend to obtain indefinite leave as a consequence of domestic violence, then this has to be shown to have taken place. Generally speaking, this can be achieved through production of police reports, hospital reports, and Social Services reports.

Scouse.

[BlimeyCharlie]

If you wish your girlfriend to obtain indefinite leave as a consequence of domestic violence, then this has to be shown to have taken place. Generally speaking, this can be achieved through production of police reports, hospital reports, and Social Services reports.

Scouse.

Police reports and the rest are fine if you have the confidence to leave your home to report them. Her English at the time wouldn't have gotten her by.

Anyway people i really appreciate your advice but i think she's really faced the fact the she will have to return, and to be quite honest i think she wants to as she misses her family, she's just torn between me and going home.

Thanks

[GU22]

I can understand. Being new in a strange country where one doesn't know the language very well is intimidating at best, but when one is being subjected to abuse as well...........

Maybe the best thing would be for her to return home and get her confidence back whilst with her family. The two of you should keep up the contact and keep records so when the time comes she can apply for a visa as your spouse or fiance.

Remember, though, before she can do this she is going to have to divorce her husband. See Divorce and the Consequences of Divorce - a Beginner's Guide to the Law from Thailand-UK (it's in the members section, so you will need to register).