visitor visa uk help!

[alison1990]

Posting on behalf of my dad, he married a lady from thailand a few months back. They both came over to uk and my dads wife came over on a visitor visa. The 6 month is up in may so was wondering if there was anyway she cud stay in uk and not have to go back to thailand to apply for a spouses visa.

thanks in advance

[twinpin]

Short answer to the question is No she must return and apply for settlement.

If she does overstay it wont go well if at a later stage she wants to get a settlement visa. She could end up with a 10 year ban

[alison1990]

Thank u for the information u provided. If she goes back to thailand in may can she apply straight away for another visa or would she have to wait a while?

What visa would be best to apply for when back in thailand?.. settlement or spouse visa?

Thanks in advance

[tonyk]

She can apply for settlement as a spouse immediately she returns to Thailand. There is an unwritten convention that she could not apply again as a visitor for another 6 months.

[alison1990]

Ok brilliant thanks for your reply

[PeeJay1959]

If they're planning on living in the UK then settlement as a spouse would be the best way to go. Is your dad aware of the financial requirements?

[alison1990]

they are planning on living in uk. Yes 18,600 in a year BUT ive done alot of research and found out he receives the war disablement pension and can use that as adequate maintenance rather than meeting a financial threshold.

[Tony M]

You are right that he is exempt from the financial threshold fo 18,600 GBP a year, but he must still show that his pension ( or his pension plus any other income/savings) is adequate to support himself and his spouse. He is not totally exempt from proving that he can maintain and acoomodate his wife just because he receives the war disablement pension.

[alison1990]

How would he be able to show that? Since shes been over here he has looked after her financially.

Thanks in advance

[alison1990]

Information i found about settlement as a spouse:

This section explains how you can apply for permission to settle permanently in the UK if you are currently here as the partner of a British citizen or a person who is present and settled here.

Permission to settle in the UK is also known as 'indefinite leave to remain'.

You must meet all the requirements of the Immigration Rules at the time when you apply for settlement. If you are considering applying for settlement in the future, you should note that the Immigration Rules are subject to change.

Applying for settlement

New immigration rules that came into force on 9 July 2012 changed the length of time that family members must be in the UK before applying for settlement. This applies to partners of those who are British citizens, settled in the UK, in the UK with refugee leave or humanitarian protection, or here as a worker in a points-based category.

If you applied to come to the UK or for permission to stay here on or after 9 July 2012 and that permission was granted, you will need to be in the UK for 5 years before you qualify for settlement. You will initially be given leave to enter for 2 and a half years, and then you can apply for another period of 2 and a half years.

If you do not meet the requirements on the 5 year route you may qualify for settlement after 10 years if you were given permission to stay on the basis of your family or private life in exceptional circumstances.

You can apply for settlement as a husband, wife or civil partner if:

you have completed a period of 5 years in the UK, with a visa or permission to remain here in this category.

Is this the right visa? Jusy dont understand how she will get this visa as shes would only of been in uk for 6months.

Thanks in advance

[alison1990]

Information i found about settlement as a spouse:

This section explains how you can apply for permission to settle permanently in the UK if you are currently here as the partner of a British citizen or a person who is present and settled here.

Permission to settle in the UK is also known as 'indefinite leave to remain'.

You must meet all the requirements of the Immigration Rules at the time when you apply for settlement. If you are considering applying for settlement in the future, you should note that the Immigration Rules are subject to change.

Applying for settlement

New immigration rules that came into force on 9 July 2012 changed the length of time that family members must be in the UK before applying for settlement. This applies to partners of those who are British citizens, settled in the UK, in the UK with refugee leave or humanitarian protection, or here as a worker in a points-based category.

If you applied to come to the UK or for permission to stay here on or after 9 July 2012 and that permission was granted, you will need to be in the UK for 5 years before you qualify for settlement. You will initially be given leave to enter for 2 and a half years, and then you can apply for another period of 2 and a half years.

If you do not meet the requirements on the 5 year route you may qualify for settlement after 10 years if you were given permission to stay on the basis of your family or private life in exceptional circumstances.

You can apply for settlement as a husband, wife or civil partner if:

you have completed a period of 5 years in the UK, with a visa or permission to remain here in this category.

Is this the right visa? Jusy dont understand how she will get this visa as shes would only of been in uk for 6months.

Thanks in advance

[7by7]

As the information you quote says, that is the information on applying to settle indefinitely in the UK as a spouse/partner after living in the UK for 5 years.

She first applies to move to the UK as a spouse/partner.

See UK settlement visa basics.

She can only apply for this visa in Thailand; her current country of residence.

If she is in the UK as a visitor, she cannot extend that visa after her 6 months are up nor can she convert it to another type of visa whilst in the UK.