Using a UK Settlement Visa for Tourism

[rwdrwdrwd]

Hi, wonder if anyone has been in a similar situation

My wife was granted a Settlement Visa to the UK last year, at the time I had a UK co, accommodation etc but the former is now dormant and the latter is no longer rented by me.

After 6 months living in London, our situation changed and we're now able to live in Thailand, which we prefer. We moved back out early this year.

At present my wife still has 12 months or so on her Settlement Visa, we'd like to visit the UK for a couple of weeks to see family with our baby but I'm concerned that the Settlement Visa is not designed for this, and that we might struggle to obtain a Tourist Visa now that there is no financial connection to the UK - we have no interests there any more besides family.

Our baby has a British passport, but really we'd all like to go to visit and I'm worried my wife may be turned away from immigration on the Settlement Visa for entering without the intention to settle.

Has anyone dealt with a similar scenario? Entering the UK for family visits on a Settlement Visa?

Edited August 30, 2013 by rwdrwdrwd

[theoldgit]

The visa was issued for the purpose of settlement, and your wife no longer intends to settle, so no that visa couldn't be used for a family visit.

Your wife may get away with using it and may be admitted to the UK without question, on the other hand if the IO at the border questioned your wife and was satisfied that there was a change of circumstances, which there is, she could be denied landing and returned home, this could effect any future application.

That's a worst case scenario, but it could happen.

[rwdrwdrwd]

The visa was issued for the purpose of settlement, and your wife no longer intends to settle, so no that visa couldn't be used for a family visit.

Your wife may get away with using it and may be admitted to the UK without question, on the other hand if the IO at the border questioned your wife and was satisfied that there was a change of circumstances, which there is, she could be denied landing and returned home, this could effect any future application.

That's a worst case scenario, but it could happen.

Thanks for the reply theoldgit - it's pretty much what I thought was the case.

It's a tricky situation though since I'm not certain we'd get a Tourist Visa, I expect applying for one would nullify the Settlement one, and it was an expensive rigamarole to secure (and I'm sure even worse now with the new rules)

I guess we have to try and sort out meeting the requirements for and applying for one of these 5 year / 10 year family visit visas. It's not worth the risk of her being refused entry on the Settlement Visa and the impact that will have on any potential future visits.

[7by7]

If you are living in Thailand with her and can prove it, then I can see no problem with her obtaining a visit visa.

I would, though, suggest that she explain in the application why she no longer wishes to live in the UK and so is applying for a visit visa rather than using her existing settlement one.

Whilst the guidance states that there is no requirement for an applicant for a long term visit visa to have held a shorter term one previously, anecdotal evidence suggests that, in Bangkok at least, applicants are unlikely to be granted a long term one unless they have previously had at least one 6 month one.

It is up to you how long she applies for; but remember that if they issue her with a shorter term than she applied for they will not refund the difference in fees.

You may find UK Visit Visa Basics helpful.

Or you could consider returning to the UK to live long enough for her to be naturalised as British. Even with the long absence this year, it would only be about three years from when she first entered the UK with he settlement visa. Though you'd have to make sure she didn't spend more than 270 days out of the UK during that period and no more than 90 days in the final year.

[rwdrwdrwd]

Thank you very much for the detailed response, some very good information there

Whilst the guidance states that there is no requirement for an applicant for a long term visit visa to have held a shorter term one previously, anecdotal evidence suggests that, in Bangkok at least, applicants are unlikely to be granted a long term one unless they have previously had at least one 6 month one.

It is up to you how long she applies for; but remember that if they issue her with a shorter term than she applied for they will not refund the difference in fees.

She did previously have a 6 month Tourist Visa so hopefully this may help!

Or you could consider returning to the UK to live long enough for her to be naturalised as British. Even with the long absence this year, it would only be about three years from when she first entered the UK with he settlement visa. Though you'd have to make sure she didn't spend more than 270 days out of the UK during that period and no more than 90 days in the final year.

We're very happy here but it's certainly something to consider. I'd previously ruled it out though since given the time out of the UK, an extension to her Settlement Visa would be necessary to reach 27 months in the UK. I assumed this extension (as with the original application) would require full documentary proof of my income in the UK (possibly under the new income rules - not sure if it would be 'grandfathered') and accommodation etc - am I wrong, are extensions much easier than that?

Thanks again!

Edited August 30, 2013 by rwdrwdrwd

[7by7]

There is no actual maximum time allowed out of the UK whilst qualifying for Indefinite Leave to Remain. Though she would need to explain in the application why it was necessary for her to spend such a long time outside the UK and the longer that absence is, the more of a problem it may be.

If an extension (Further Leave to Remain) was necessary, then as her original application was prior to 9/7/12 she would come under the old rules, not the new.

As said, though, there is a limit on time outside the UK whilst qualifying for citizenship.

She must have been in the UK on the exact day three years prior to applying and during the intervening three years have spent no more than 270 days in total outside the UK with no more than 90 days in the final year.

See Requirements for naturalisation if you are married to or the civil partner of a British citizen for more.

One point, though. If you do all decide to use her existing visa to return to the UK to live, she/you may be asked by immigration for evidence that she does intend to continue living in the UK and is not attempting to use her settlement visa to enter just for a visit.