In Uk On Family Visit Visa And Have Problems And Need To Extend

[silentnine]

Hi All..

1st off ... as far as I'm aware my wife cannot extend her visa. And i think she will have to return to Thailand.. however I'll ask away anyway in hope I'm wrong and to seek any advise

my wife (Thai) and I (British) and children (British & Thai duel nationalities) have been living in Thailand for over 6 years.

we have a (she has lol) a ongoing business in Thailand currently being manged with lots of phone calls and family help.

we have all our possessions in Thailand, Car, Business, Home and nothing in the UK.

we came to the UK in late January with my wife & kids on a 6 month family tourist visa to visit my elderly mother.

the plan was to stay for 2 months then go home to Thailand ..

since arriving here it has become evident that my mother in her late 80's needs help which has fallen to us and this for me at least presents problems.

i do not want our family to be split up .

I need my wife's help to care for my mother at the moment.

my mother is now getting attendance allowance and is entitled to someone to claim carers allowance for her.

neither i nor my wife want to move to the UK and if it was not for my mother needing help we would be on our way home this week.

the problems as i see them

if we drag out the 6 month visa my wife is on it could cause problems when re applying as we aid we were only coming for 2 months.

when she returns to Thailand she will not be able to just simply apply for another 6 month visa and hop on the next plane back as my reading tells me back to back tourist visas are a no go (amazing how hard done by many of us feel with Thailand visa regs for farangs when in reality they are so much more relaxed than those for a Thai in the UK).

so an option is for her to come back to Thailand and apply for a full UK visa i guess.. I can either take a job offer that's on the the table immediately to try to comply with finance rules or go for exemption with carers allowance..

also bearing in mind the full UK visa costs an arm and a leg compared to the tourist visa .. from what i read the big UK visa as i call it is the path to settlement which seems a waste as we do not want to settle..

its been suggested to me that my wife can apply to come back to care for my mother or even extend on special circumstances on that basis.

we have a catch 22 in that if i care full time i cannot work .. and funds will dwindle... but if i work full time i become unable to care

flying mother over to Thailand is a no-go as I'm not sure how she would mange the flight and more over the heat and lack of medical care would be final. she's not about to go and meet her maker any day soon but does require help with most tasks ..

(ps this is a short version... i wrote the extended edition earlier and lost my net connection after clicking submit sob)

sooo ...

can anyone suggest what we should do..

[silentnine]

another problem i forsee is that we based our application for her to come to the UK on our income from Thailand. and that becomes harder as with an extended stay we are paying most of that out to staff/family to keep the business going...

then to add insult I'm not sure they will then take into account the income in the UK if i take on employment as it will not of been for the previous 6 months

[ThaiVisaExpress]

It's not an easy one to give advice on. The government has just recently added ( to come into effect in April 2013) the following into the immigration rules for visitors (paragraph 41(ii) ) - my bold type :

(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and does not intend to live for extended periods in the United Kingdom through frequent or successive visits.

I'm not sure why this is added now. It does go some way to stopping the abuse of visit visas, but does not really address the question of what a visit actually is. The attached appeal determination gives some "clarity" on general visits, and actually applies in many ways to your own situation. If you do decide to go for more visit visas, then it could be a bumpy ride.

Oppong full determination.docx

Whether you apply for a settlement visa for your wife or not has to be your decision. It is an expensive, and long term, process, as you know.

If we can help, then send an email to Paul at his UK or Thailand office.

Edited March 28, 2013 by ThaiVisaExpress

[pikwik]

Hello SilentNIne,

I am not sure if I can assist with your situation, but I do feel your pain. Anyway, for what its worth. I too ran into the same situation four years ago, my father is elderly and has turned 90. I had to give up my life in Thailand(for now) and my wife with new born had to move over to the UK. We are currently full time carers for my father, but we have had to jump over some serious hurdles along the way and despite serious financial loss we have held together as a family for now.

You have already ran over the available options and probably are now looking to resort to the worst case scenario, which was the same option I took. You are looking at the settlement option if you can, because it won't be an easy process under the circumstances, but not impossible (if there are other people on this forum who can offer a better option...I am completely open to your sugggestions, as I have never implied that I am an expert). Just to be completely clear about covering all your options...have a word with Ralph Khan, who is a visa expert in the UK (Google Davie Khan) ..he has frequently helped alot of people on this forum with visa issues to the UK and was a moderator in the past. He might be able to assist you with an alternative option.

Good luck.

[silentnine]

Hello SilentNIne,

I am not sure if I can assist with your situation, but I do feel your pain. Anyway, for what its worth. I too ran into the same situation four years ago, my father is elderly and has turned 90. I had to give up my life in Thailand(for now) and my wife with new born had to move over to the UK. We are currently full time carers for my father, but we have had to jump over some serious hurdles along the way and despite serious financial loss we have held together as a family for now.

You have already ran over the available options and probably are now looking to resort to the worst case scenario, which was the same option I took. You are looking at the settlement option if you can, because it won't be an easy process under the circumstances, but not impossible (if there are other people on this forum who can offer a better option...I am completely open to your sugggestions, as I have never implied that I am an expert). Just to be completely clear about covering all your options...have a word with Ralph Khan, who is a visa expert in the UK (Google Davie Khan) ..he has frequently helped alot of people on this forum with visa issues to the UK and was a moderator in the past. He might be able to assist you with an alternative option.

Good luck.

had a look for Davie Kahn but cannot find him ... can you give me any more pointers please

[Crossy]

had a look for Davie Kahn but cannot find him ... can you give me any more pointers please

Typo, it's Davies Khan http://www.davieskhan.co.uk/

[apetley]

Try 'davies khan'. A friend used his advice a few years ago, highly recommended.

Edit.....that crossy's quick off the mark:-)

Sent from my GT-I9003 using Thaivisa Connect Thailand mobile app

Edited May 13, 2013 by apetley