UK visitor visa for wife to accompany dying husband

[Beornfrith]

Hello TV members,

This question does not relate to my personal situation but rather to an acquaintance of my wife, whose aunt is currently in a very difficult situation. The situation is basically that Mrs Wife (a Thai) is married to Mr Husband (a Briton). Mr Husband has a terminal case of cancer and has had to return to the UK to spend his last months. Mrs Wife had applied for a settlement visa but it was denied. She desperately wants to spend this time with her husband and wishes to apply for a visitor visa but is finding the process very difficult.

Mr Husband is not well enough to write an adequate letter of sponsorship and Mrs Wife does not have sufficient or suitable contacts in the UK to ask somebody else. For instance, her relationship with my wife is tenuous and even if it wasn't we live at the other end of the country to Mr Husband.

I have suggested that Mrs Wife try to ask her husband's doctors if they can write letters to explain his health in the hope that this will help the powers that be allow her application. Beyond that, I have so little experience with the visa processes that I do not know what to suggest. All I do know is that having just gone through a very difficult settlement-visa application with my wife I appreciate that if you do not cover as many bases as possible in your application you may as well be banging your head against a brick wall.

Is there any advice about this situation that anyone can give? Are there any contacts in Bangkok that someone can recommend that may be able to offer Mrs Wife help? Mrs Wife has actually sought the advice of an agency (seemingly called 'Mythai-visa' (sic)); first with her settlement visa and now with the visitor visa. It appears that they have been of very little help at all.

Any help would be appreciated, thank you.

[Basil B]

It is a long shot, but Macmillan's is a charity that supports people here in the UK with cancer, he will probably be already receiving help from them, they may be able help with a letter which may help in a future aplication, but it is for his wife to apply for a visa, not sure if a settlement visa is the appropriate,

Again we do not know the prognosis and how long the husband has to live but assuming that it is less than 6 months then I would have said a visit visa would be easier to get, then the requirements of financial support would be only for the duration of the visit, maybe relatives and friends of his in the UK maybe able to offer to help with this, the other big issue is reason to return.

I would also expect UKVI to look at any such request with compassion given the circumstances.

[ThaiVisaExpress]

There are quite a few things to consider. Basil B is correct, and any application for a visit visa should be considered compassionately by the Embassy here in Bangkok. That said, the ECO will be thinking about what the applicant's intentions are if she has to remain in the UK longer than 6 months. If a visa is issued, it will be for a maximum of 6 months, and the applicant must give the ECO some idea of her intentions if she has to stay longer than this. She could return to Thailand, and apply for another visit visa, and that might be granted. She can, of course, apply for an extension of stay in the UK, in view of the compassionate circumstances, but an extension is certainly not guaranteed. The ECO will, of course, be aware that the applicant has (recently ?) had a settlement visa application refused.

Do you know why the settlement visa was refused ? Has any appeal been submitted ? The agency used by the applicant state that they are specialists in settlement visa applications, so they may well be following up on the refusal ( even though you say they have been of little help ) ? If your friend is willing to post the refusal notice here, with all personal details removed, then it might be possible to tell you if there is any hope of a new settlement application being successful. Your friend's wife can also contact us, for a free consultation, if she wishes, but we would also need to see the refusal notice.

Tony M

[Beornfrith]

Thank you very much for taking the time to reply to my question. I've passed this thread on to Mrs Wife. As I understand it she has requested the letter from Mr Husband's doctors and is finding out about the MacMillan side of things.

With time being limited she has decided not to appeal the failed settlement visa application. I think she feels that it is too lengthy and stressful a process to deal with when, unfortunately, time is very much of the essence. Instead, I believe she is going to focus on a new visitor visa application. I also believe she is using the same agency as before and I admit that worries me a little bit. I cannot find any information about them at all (a complete contrast to your website) and although I do not personally know Mrs Wife I wouldn't want anyone to be ripped off.

I did not personally realise that an extension to a visitor visa was technically possible. I will make sure that Mrs Wife understands that - thank you.

[7by7]

One point to consider is that were she granted a settlement visa and move to live in the UK with her husband and her husband were to die before she had lived in the UK for 5 years and obtained Indefinite Leave to Remain then she could apply for ILR as a bereaved spouse; without having to meet the usual residential, financial or language requirements for ILR. Dependant on her circumstances, she may even be able to apply without paying the usual fee.

Whereas were she in the UK as a visitor she could not convert that to settlement and would have to leave when her visa, or compassionate extension of same, expired; i.e. when her husband died at the latest.

However, as Tony says above, it is not possible to opine whether an appeal against her refusal or a new settlement application would be successful without knowing the exact reasons for her previous refusal.

Hopefully her current agents are advising her on this; if not then I suggest she changes agents.

[ulike]

Original poster,

Was the settlement visa not allowed due to financial reasons?

[Basil B]

I am worried that a lot of damage may be done by using a bad visa agent, I really think she should take up Tony's offer even if it is just for a second opinion.