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Posted (edited)

Hey all.

My wifes 27 month visa for the UK expires on the 1 August 2014.

We were under the assumption that we would have to now upgrade to the full settlement visa but really have no solid plans of settling there.

Her visa type: Settlement Spouse/CP (my name and dob)

Now the question is, can she just go and get this renewed instead of having to apply for ILR?

Would rather go that route as we only really have this visa for convenience sake i.e. the ability to go back there as and when we please.

Also would dearly love to not have to furnish the buggers with any more of my hard earned loot.

They've had their pound of flesh out of me already from the last round.

What I am hoping is that we can get this current visa renewed in Bangkok rather than having to go back to the UK to do it.

Anyway, any help would be gratefully recieved. I tried the UK Border people and got a form response of "this is how you apply for settlement" which was not my question to them but hey...

Edited by dansan
Posted

If she does not meet the requirements for ILR, e.g. the language requirement, then she can apply for FLR; but both applications can only be made in the UK.

There is no specific maximum time allowed out of the UK whilst becoming time qualified for both FLR and ILR. However, when applying she would need to show that she is a UK resident and will continue to be so. Difficult to do if most of her time is spent outside the UK!

If she is outside the UK when her current visa expires then she will have to apply for the appropriate visa to enter the UK again. If applying for a new settlement visa then she will come under the new rules which came into force on 9/7/12, including the financial requirements.

You say "Would rather go that route as we only really have this visa for convenience sake i.e. the ability to go back there as and when we please."

If you are spending most of your time in Thailand then a long term visit visa (2, 5 or 10 years) may be a better, and cheaper, option. A 10 year visit visa currently costs £737; as opposed to £885 for a new 33 month settlement visa, £601 for FLR (valid 2 years as her initial visa application was before 9/7/12) or £1093 for ILR. (FLR and ILR can be applied for in person; but it costs an additional £400.)

Note, though, that as a visitor she would only be able to spend a maximum of 6 months in the UK per visit and, usually, no more than 6 months out of any 12 in the UK.

But if she had one of a another settlement visa, FLR or ILR and it became apparent to immigration when entering the UK that she was not actually a UK resident but just using it for visits then it could be cancelled; though she would be allowed in as a visitor on that occasion.

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