UK settlement visa - time away from UK question

[silentnine]

Hi all

can someone please clarify for me.

on a 10 year path settlement visa (4 x 2.5yrs) ..

how long can the thai person spend out of the UK and back in thailand without it affecting the next 2.5 year renewal.

i'm asking as out plan is to spend 7 months in the UK then 5 months in LOS each year.

so it seems a tourist visa is no good as it too long in the UK each year and its not tourism , we're living and workign in the UK for those 7 months.

and i'm being told the settlement visa renewal would be be a problem as they will say we're away from the UK to much.

we're not bothered about getting ILR at the end ,at least not yet anyway.

so being told 2 different things.

1/ cannot be way from UK for 5 months each year, to long away and iit will create a problem on the 2.5 year check/renewal.

2/ its fine. can spend as much time away as you want and it only makes a difference if your going to ILR/citizenship..

anyone ?

[7by7]

Any route to settlement is just that; a route to settlement, not a glorified visit visa. There are no fixed limits on time spent out of he UK; but when applying for FLR or ILR the applicant does need to show that they are a UK resident. Obviously the more time spent out of the UK, the harder this will be to do.

But each case is treated on it's own merits, and the reason for spending lengthy periods out of the UK are taken into consideration; e.g. accompanying one's British partner while they temporarily work abroad.

You say the person is on 'a 10 year path to settlement'; which category are they currently in the UK under?

[silentnine]

Any route to settlement is just that; a route to settlement, not a glorified visit visa. There are no fixed limits on time spent out of he UK; but when applying for FLR or ILR the applicant does need to show that they are a UK resident. Obviously the more time spent out of the UK, the harder this will be to do.

But each case is treated on it's own merits, and the reason for spending lengthy periods out of the UK are taken into consideration; e.g. accompanying one's British partner while they temporarily work abroad.

You say the person is on 'a 10 year path to settlement'; which category are they currently in the UK under?

spouse visa . not seen the visa itself yet as home office take a long time to send the passport back

same as the normal 5 year one that most people apply for from thailand but this is the 10 year route.

you get the 5 year (2 * 2.5) if you apply within the rules. out of the rules as in where some of the conditions/requirments are not met..

very long story but in short and i'm sure it will create lots of confusion. might do a write up on it soon but would most likely be the longest thread ever on TV lol ..

most people say you cannot convert a 6 month tourist visa to a residence visa from within the UK without leaving the UK. you can do so but as it is done out of the rules under special cirumstances you end up on a 10 year path before ILR can be applied for.

"Immigrants need to be in the UK for 10 years before applying for settlement if they were granted permission for the 10-year family route or the 10-year private life route on or after 9 July 2012. They will also initially be given indefinite leave to enter the UK for 2 and a half years and then can apply for three more periods of 2 and a half years."

Edited January 31, 2014 by silentnine

[7by7]

Having had a look at your past posts, I don't get it.

From what you have posted before, your wife's application to convert her visit visa and remain in the UK was based upon the need for you both to remain in the UK and care for your elderly mother; and that this was not really something you wanted as you both wished to live in Thailand but, understandably, you were putting your mother first.

Now you are saying that you want to spend 7 months per year in the UK and the other 5 in Thailand! I hope this doesn't mean bad news about your mother; if it does, my condolences. I've lost both my parents and so know how you feel.

None of which, of course, alters my previous reply.

However, if you adjust your plans slightly to 6 months per year in each country then as I said here a long term visit visa is a lot cheaper than making a FLR application every 2.5 years. Of course. your wife would need to convince the ECO she has a credible need to regularly visit the UK.

Wouldn't lead to ILR, of course, but then, from what you've said, I don't think your current plans will, either.

[silentnine]

Having had a look at your past posts, I don't get it.

From what you have posted before, your wife's application to convert her visit visa and remain in the UK was based upon the need for you both to remain in the UK and care for your elderly mother; and that this was not really something you wanted as you both wished to live in Thailand but, understandably, you were putting your mother first.

Now you are saying that you want to spend 7 months per year in the UK and the other 5 in Thailand! I hope this doesn't mean bad news about your mother; if it does, my condolences. I've lost both my parents and so know how you feel.

None of which, of course, alters my previous reply.

However, if you adjust your plans slightly to 6 months per year in each country then as I said here a long term visit visa is a lot cheaper than making a FLR application every 2.5 years. Of course. your wife would need to convince the ECO she has a credible need to regularly visit the UK.

Wouldn't lead to ILR, of course, but then, from what you've said, I don't think your current plans will, either.

as you read the past posts you know a little of the background .. of course i did not go into great details on them. but you get the idea.

my question here is not so much about now but in the future.

its all well and good having the visa, but as you noticed i'd prefer to be in los.

with mother being 85 the need to remain permanantly may not last forever. so i am considwring the future options.

i've already setup a new buisness in the UK since being here and that will keep me here 7 or 8 months per year. leaving the colder 4 or 5 months where we could run for the warmth.

that could possibly be sooner rarther than later if i can get mother to fly also.

hence the question . 6 months UK / 6 months LOS would not work . neither from a family or wrok perspective.

8 months UK / 4 monhts LOS could work .. but not if messed up the wifes long fougnt visa.

[7by7]

Then as I've already said, each application is treated on it's own merits and it's difficult to say whether your plan would work and she would be granted FLR each time or not. I think not; maybe the first time, but the second and third etc. when the record shows she spends a significant part of each year out of the UK for no acceptable, to UKVI, reason?

I'm afraid I've nothing further to offer.

The complexities of her original case leads me to suspect that you probably had professional help with that; if so, have you asked them?

[silentnine]

so to make sure i undersrtand correctly

there appears to be no visa appropriate for people who would spend time in UK/LOS on a 70/30 split of time really.

long term visit visa - the applicant must show that they do not intend to live in the UK for extended periods through frequent and successive visits.

so it could be said living as a resident with your husband would be too long.

and the setllement visa becomes endangered if you spend time living away.

my preference would be for the mrs to be on the settlement visa as of ciurse she can work during the uk stays and not jsut sit vegitating. considering how many falangs works in LOS under the radar because they need to do somethign with there time i think having a wife who can do nothing other than be a tourist on frequent succesive long stay visits eould not be much fun.

as you say i'll have to have a good chat with council .. i have mentioned it breifley and was told a couple of months away was about the limit.

i do wonder though if it could be acceptable with just based around moving away from the cold uk weather for 4 monhts in the winter.