Few questions about a visit visa and also settlement visa

[JusticeFT96]

My wife came to the UK in December and left on the 30th April, when could she apply again for a visit visa? I have been told 3 months after arriving back in Thailand but also 6 months by 2 different visa companies.

I will be employed in September, after 6 months employment I take it she can't apply for a settlement visa whilst visiting the UK on a visit visa? If not can she apply in an EU country or does she have to return back to Thailand?

Cheers

[7by7]

There is no rule on how long a visitor has to be out of the UK before they can enter/apply again. The only rule is that a general/family visitor cannot spend more than 6 months in the UK on any one visit.

However, there is a convention that a visitor should not normally spend more than 6 months out of any 12 in the UK.

She left the UK in April after spending 5 months here, she may have problems convincing the ECO that she just intends another visit and is not attempting to by pass the settlement rules.

VAT1.5 Frequency and duration of visits

There is no restriction on the number of visits a person may make to the UK nor any requirement that a specified time must elapse between successive visits. However, the Immigration Rules state that the applicant must show that they do not intend to live in the UK for extended periods through frequent and successive visits. An ECO must consider the reason for a series of visits with only brief intervals outside the UK between each visit. The ECO must consider the purpose of the visit against the time elapsed between visits and the duration of previous visits to the UK.

There is no Rule that states a visitor can only remain in the UK for 6 out of any 12 months, but an ECO must examine the pattern and frequency of visits to see that it does not amount to de facto residence.

One can only apply for a UK visa in one's country of residence; so she could only apply for a UK settlement visa in another European country if she actually lived there.

If Thailand is her country of residence, that is where she has to apply.

However, if you are exercising your EEA treaty right to live and work (employed or self employed) in another EEA country and she is living there with you then not only can she apply there, she can also apply under the EEA regulations rather than the UK immigration rules. Which means, in addition to other advantages, you wont have to meet the financial requirements, simply show that you can support and accommodate her without recourse to public funds, and there will be no application fee.

See EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases)

[JusticeFT96]

Cheers,

We arrived in the UK around the 23rd December so it was pretty late so just over 4 months and a week she stayed for. I wont start work until around late September so hopefully by the time the application goes through I will already be working meaning that at the end of her visit she can apply for a settlement visa in Thailand without much problem.

[ThaiVisaExpress]

If for example she only spent 3 months on this visa then she should apply again after she has spent 3 months in Thailand. You have to be careful under the frequency of visits guidance for eco.

[Jay Sata]

My wife came to the UK in December and left on the 30th April, when could she apply again for a visit visa? I have been told 3 months after arriving back in Thailand but also 6 months by 2 different visa companies.

I will be employed in September, after 6 months employment I take it she can't apply for a settlement visa whilst visiting the UK on a visit visa? If not can she apply in an EU country or does she have to return back to Thailand?

Cheers

So you are not employed in the UK at present and are on holiday?