Visa for Wife in UK or Spain?

[grabitanrun]

Hi,

I've now been waiting for over 2yrs for the UKBA to issue a visa for my wife, question is this - I also have property in Spain, would it be easier for me to register as a resident in Spain and apply for a visa for my wife in Spain?

[Donutz]

Yes, see the FAQ on EU/EAA family (spouse): visa should be free and with minimum hassle. She could also come to join you there as a resident. More info on the EU webpages (the one on EU family also has pages on working and living in other EU states).

[theoldgit]

As I recall you and your wife are currently living in the UK, didn't you say your wife was akin to being a prisoner there as she cannot leave?

Two years is a long time to wait for a decision, has there been any progress, did you follow the earlier advice to involve your MP?

http://www.thaivisa.com/forum/topic/733848-help-with-visas/#entry7973449

[grabitanrun]

Yes we involved the MP, which didn't help.

Spoke to a Barrister yesterday, who gave 3 options:

 

1. Go for Judicial Review, her opinion is with the weight of documentation we have, the Judge would throw it out of court and find in our favour - but would take at least 9 months

 

2. Register myself as a resident in Spain, she would then get a 5yr visa without much hassle, but means she would never get a UK passport and may have an impact on my pension

 

3. Go back to Thailand, reapply under the new rules, using paperwork she would supply, which she guarantees would go thru as overseas applications are processed in Washington, not by the idiots in the UK - this would take 2 to 3 months

 

Given my wife wants to see her son go into the Monastery, I think option 3 will be the choice. I find it galling that having paid the UKBA once (they cashed the cheque in 3 days), I will now have to pay again plus the Barristers costs!

[7by7]

I am confused by the second and third options given you.

 

With regard the second; after living with you in Spain for at least three months, assuming you are exercising an economic treaty right there, she could return to the UK with you using the Surinder Singh route.

 

She could then, after living in the UK for 5 years, apply for permanent residence under the EEA regulations and once she has that apply for British citizenship.

 

Assuming you are a British citizen. If you are not then this route is not open to you.

 

But if you are the citizen of another EEA country and are exercising an economic treaty right in the UK then already she has the right to live in the UK with you under the EEA regulations.

 

If you are neither a British citizen nor a citizen of another EEA state then she cannot use the EEA regulations, even the Surinder Singh route, to live in the UK with you and must apply under the UK immigration rules.

 

As for the third point; what has Washington (DC or Tyne and Wear?) got to do with it?

 

Overseas applications for entry clearance to the UK are dealt with by the entry clearance staff in the British embassy of that country. If she applies in Thailand, the decision will be made in Thailand. Unless for some reason the application needs to be referred to the Home Office in the UK.

Edited July 25, 2014 by 7by7

[grabitanrun]

Hi,

I am a UK Citizen, the Washington point was made by the Barrister.

I think one of the issues for me is that in 5 - 7 years I want to retire and need this resolving before then so we can come and go easily during retirement as we want to travel.

That really means it's either option  1 or 2.

Does anyone have experience of how long Thai visa application are taking in Bangkok at the moment? - the only real worry in taking that route is that my wife goes home then gets stuck there with another length delay.

[7by7]

If she returns to Thailand and applies for settlement under the UK immigration rules then it will take her 5 years living in the UK to obtain Indefinite Leave to Remain. Once she has that she can apply for naturalisation as British.
 
Naturalisation is preferred because if she just has ILR then if she spent a continuous period of 2 or more years outside the UK her ILR would lapse.
 
Also, even if she does regularly visit the UK, if it becomes apparent to immigration when she enters the UK that she is not a UK resident but just using her ILR for visits then her ILR will be cancelled; though she would be allowed in as a visitor on that occasion.
 
Lapsed or cancelled, she would then need the appropriate visa to enter the UK again.
 
Naturalised British citizens have the full rights of British citizenship; including leaving the UK as often and for as long as they wish and always being allowed back in again.
 
If you decide on the Surinder Singh route then she would also need to live in the UK for 5 years before she could obtain permanent residence under the EEA regulations. Again, once she has PR she can apply for naturalisation as British.
 
Settlement processing times in Bangkok, or anywhere, vary according to demand for all types of visas.
 
The UKVI current processing times page is currently unavailable; but the official advice is to allow 12 weeks for a settlement application to be processed.
 
For members experiences, see here.

If you follow the Surinder Singh route, applications using the EEA regulations should be processed 'with the minimum of delay,' whatever that means.

Edited July 31, 2014 by 7by7