Questions from UK Immigration and the NHS

[James207]

My wife returned to the UK last week after a holiday to see her son and family. UK immigration asked her how long she intended to stay. She seemed puzzled as was I given that she is 15 months into a settlement visa not on a tourist visa.

She answered that she lived in the UK with her husband at my address. Not satisfied with the answer they asked again so she said 3 months as in September she intends to take another holiday to see her son. I was a bit annoyed that she had been pressured into given that answer as her stay will be up to her FLR application next year then from then on up to UKBA. I assume that she is not restricted to taking holidays to see her dependent son.

She has also received a letter from the NHS asking her to confirm that she still lives at my address. They said that she would be removed from the GP's address if they didn't hear within 21 days.

Is it normal for Immigration and the NHS to ask these sorts of questions. I am not looking forward to the FLR stage if after 15 months they think something is going on. I told her that if they ask this question again to say that she lives in the UK now so will stay indefinitely and that Immigration can call me if they have an issue with that.

[7by7]

As she, presumably, has a valid 33 month settlement visa in her passport, I can see no reason why immigration would have asked her this question.

Settlement visa, and FLR, holders are allowed out of the country, and there are no limits on how long they are allowed out of the UK for.

Except that come the next application, FLR in your wife's case, she will need to show that she is a UK resident and has been for the entire period. Which may be difficult to do if she has spent more time in Thailand than in the UK.

I may be wrong, but can only assume that the letter from her doctor was either routine for new patients or prompted in some way by her answers to immigration; the government is tightening up on access to the NHS by those who are not entitled to NHS treatment.

As your wife is a UK resident; she is.

Presumably she has contacted your GP and confirmed that she does still live at your address.

[howerde]

I would say the letter from NHS was linked to immigration, there seems more cooperation between govenment agencies, in my case i took a fairly large cash sum to Thailand , was stopped at dep gate by a customs and revenue guy, who was happy with my circumstances, but took my passport details, and a month later got a tax return from revenue the only one they ever sent in 30 years to me. even though all my income is PAYE. big brother getting bigger every day.

[James207]

The letter was from the District Health Authority so we just wrote back confirming that she still lived here. The question from Immigration seemed odd. They would certainly have seen stamps that she entered the UK in March 2013 and again in September 2013 so I don't know if that was what initiated the question and why they didn't accept the answer that she lived with her husband in the UK.

I just wondered if this was general and other people were getting similar questions.

[jimn]

James it may be relevant if you let us know how long your wife stayed in the UK after she came in March 2013 and September 2013 and how long she has spent on holiday in Thailand. Their thinking may be that she is spending too long outside of the UK and is not a true resident living in the UK. I seem to remember a recent topic about this I will try and find it and post it. Might be helpful in understanding the questions

Here it is

http://www.thaivisa.com/forum/topic/727716-holiday-entitlement-on-a-settlement-visa/

Edited June 17, 2014 by jimn

[star kicker]

James it may be relevant if you let us know how long your wife stayed in the UK after she came in March 2013 and September 2013 and how long she has spent on holiday in Thailand. Their thinking may be that she is spending too long outside of the UK and is not a true resident living in the UK. I seem to remember a recent topic about this I will try and find it and post it. Might be helpful in understanding the questions

Here it is

http://www.thaivisa.com/forum/topic/727716-holiday-entitlement-on-a-settlement-visa/

agree, immigration are likely to be looking at the bigger picture and have the right to check your wife is actually resident in the UK which is defined by the number of days she spends in the country. i forget the number.

immigration are getting sharper, some call it big brother but i am all for it. there is far too much economic immigration to the uk.

[bobrussell]

Probably just made a mistake and the comment was made without thought! My wife was asked how long she had been on holiday but that was it going through Heathrow.

Would not read anything sinister into it!

[James207]

She went back for 2 or 3 weeks, Can't remember how exactly last August then she just returned after a longer break going out in April and returning last week to coincide with school break. She does have a dependent child living in Thailand who was refused a visa so I don't really understand the need to enquire how long she was staying. It wasn't really the asking of the question it was having been given an answer, that she was living in the UK with her husband, that they didn't accept the answer and tried to trick her.

I am a little perturbed that Immigration don't seemed to be accepting people on settlement visas, tourist visas I can understand.

It isn't as if there aren't enough in depth checks and some not inconsiderable expense in getting the settlement visa. If they don't believe the marriage is genuine isn't the FLR stage the time to sort it out?

Call me a cynic but I don't trust the border agency further than I can spit. They don't exactly have a good track record.

[SDM0712]

UK Immigration ask a lot of annoying questions, but they are the equivalent of police officers so I put up with it. To give an example my family and I live over here on a permanent basis and we return to the UK every year or so. Everytime we go back Immigration at Heathrow ask how long we have been away. There must be a point to the question, but I cannot see what it is. We are all British passport holders and go through the proper channel. What I want to say is " why do you need to know this, you cannot refuse us entry", but am too tired and just want to get out of the airport.

SDM

[Thai at Heart]

Have you seen the mess that UKIP had got the government in. The dailymail ran.with "208,000 new passport holders in one year", only last weekend.

Immigration is going to try to find even one individual to turn over if they can. Ridiculously, keeping one Thai out has no effect on the movement of any Europeans. It is a farcical situation.

[rhythmworx]

All your problems are the airport you are flying to, Heathrow naah don't fly from there or out of there save yourself the hassle.

[jimn]

James I have sympathy for your frustration but you are blind to the fact that there is in the eyes of immigration a limit of the time your wife can spend outside Thailand whilst on a Settlement visa. She has to prove she is living in the Uk. By going on regular long holidays to Thailand she is not doing this and immigration have a right to question this. If in the future she is granted ILR in the Uk that is a different matter but on a Settlement visa she has to live permanently in the Uk. A short holiday a year ok if not expect problems.

[7by7]

As I said before; there is no fixed limit on the time spent outside the UK whilst one is qualifying for both FLR and then ILR.

Though for both applications one does need to show that one is a UK resident; which may be difficult to do if more time has been spent outside the UK than in. But even then, each case is judged on it's own merits.

For example, someone who has spent large amounts of time outside the UK accompanying their British spouse who is working abroad is going to be looked upon more favourably than someone who has spent the same amount of time in Thailand with their Thai family while their British spouse remained in the UK.

<snip>
If in the future she is granted ILR in the Uk that is a different matter but on a Settlement visa she has to live permanently in the Uk.

Not quite.

If an ILR holder spends a continuous period of 2 years or more outside the UK then their ILR will lapse and they will need the appropriate visa to enter the UK again.

Furthermore, if an ILR holder does not actually live in the UK and is using their ILR just for visits and immigration discover this then their ILR will be cancelled on the spot; though they will be allowed in as a visitor on that occasion.

The topic linked to by jimn above contains more detailed explanations of all the above.

[jimn]

Thanks for putting me right 7by7. James read the linked topic and take note of what 7by7 has said it will save you worrying and your wife falling foul of any immigration issues.

[Jay Sata]

To be fair the questions border officers often ask can appear a bit over the mark.

I was asked where I had been on a recent trip that included Laos,China and Thailand.

As a British passport holder I do not have to justify or explain my travel.

I replied South East Asia and he left it at that.

The stamps and visas in the passport told him where I had been.

I suspect a lot of the time the conversation engaged with the passport holder is to winkle out the odd few criminal travelling on other people passports.