Uk 1 Year Visa

[2long]

My Thai wife has had 4 UK tourist visas and been 4 times. We have a dual nationality baby. We are married legally in the UK.

We're thinking of going back (to the uk) for just one year. She doesn't need or plan to work or claim anything.

Is it a big deal getting either a tourist visa, then returning to bangkok and instantly applying for one more? Is there another visa that she can get that wouldn't involve me spending time (in the UK) away from her and the baby, totting up the 'credits' needed to prove I can support her? I've heard about settlement visas, is there a marriage one?

Thanx in advance.

[vinny]

A tourist/visitor visa will allow her to stay in the UK for up to six months at a time. A visitor visa could be valid for multiple journeys over a period of up to ten years. However, normally, visitors are expected to stay up to a total of six months in a year. If they notice that she is staying longer in a year, they may consider her not to be a genuine visitor. See Immigration Directorates Instructions, Chapter 2 annexes - Visitors, Annex A - General visitors guidance.

4. FREQUENCY AND DURATION OF VISITS

IDI/ Feb 2006

There is no restriction on the number of visits a person may make to the United Kingdom nor any requirement that a specified time must elapse between successive visits. The fact that a person has made a series of visits with only brief intervals between them would not, in the absence of any other relevant factors, constitute sufficient ground for refusal.

It is reasonable, however, for the immigration officer to consider the stated purpose of the visit in the light of the length of time that has elapsed since previous visits. A visitor should not, for example, normally spend more than 6 out of any 12 months in this country (but see Section 3 of this chapter in the case of visitors for private medical treatment). Occasionally, a business visitor may require to stay for a period of weeks or even months (eg where machinery is being installed or faults being diagnosed and corrected). The immigration officer should be satisfied, however, that a person's presence here on business for more than 6 out of any 12 months does not mean that he is basing himself here and holding down a specific post which constitutes employment requiring a work permit.

See also 13.5 Spouses/civil partners and how they qualify, Spouses and Spouse's checklist.

[the scouser]

Although your wife doesn't intend to be in the UK longer than a year, she can apply for a settlement visa. That way, she doesn't need to leave and re-enter the UK after 6 months as she would have to do if travelling on a visit visa.

Additionally, if she were to travel on a visit visa, it is unlikely that she would experience any difficulties, but your wife would be infringing the spirit of the visit rules and all you need is one overzealous immigration officer to pick up on this.

Scouse.

[2long]

Thanks,

Am I correct in thinking that settlement visas involve a lot of 'proof of being able to support the spouse'? I teach English in LOS, but want to do a year's work in UK. I don't want to and won't go there first to work and live alone to prove I can support her. What sort of things does one need to get a settlement visa. I've been in LOS for 7 years and do not own property in the UK, although my parents can offer support.

[the scouser]

The difficulty your wife faces, despite her previous 4 successful visits to the UK, is that if she makes another visit visa application stating that she intends to stay in the UK for 1 year, the visa officer is duty bound to refuse it, as the longest permitted visit is 6 months. If she dresses it up as 2 visits of 6 months, the visa officer is as equally likely to refuse.

I, therefore, think that your wife's best option is a settlement visa as, with an eye on future applications, this will maintain her credibility as a trustworthy applicant. Furthermore, you never know what will happen jobwise whilst you're in the UK, and, if you should choose to stay, your wife would already have the relevant permission.

In terms of a settlement visa, your wife will need to demonstrate that she can be maintained and accommodated without recourse to public funds, for which your parents could act as guarantors. Alternatively, if you have employment to return to in the UK, you can use your offer letter as evidence of your own financial standing.

Scouse.

[2long]

Cheers, Mr Scouse