Visa to UK for thai wife, I year visit returned passport, empty, no reason given.

[Lesbill]

Hi my first post.
My friend has thai wife, married in UK two years ago, she had work visa, it expired last November , they completed the test for UK citizenship, but we're told wrong test taken, returned passport etc, they both had to visit her mother before Xmas, but she was refused boarding, leaving her husband to return alone to UK,
He tried every way to get her home to UK, but failed, he spent over two thousand pounds, I said try this way, so I applied for her, with a one year visit visa, to visit family and retake the correct test , as I was told it could only be taken in the UK, she had actually over-stayed for 6/7 weeks, she had to stay in bangkok with her mother, whilst we waited, he paid the fee $500 US had all the required papers marriage proof etc, we completed the online forms, submitted all to new Visa office, waited the 3 weeks, collected but all blank, nothing but the passport and documents returned, no explanation what-ever. We emailed the Consulat etc, only reply , respond in 20 days, ( but not for Visa enquiries,) tried other but response was "mailbox full"
Can you or anyone please help, or assist, they are both heartbroken. This is not the usual "want to get girl friend to stay in UK, " but she lived and worked for her brothers restuarant " when they met, fell in love and married legally in the uk, I try to help as I too have a thai wife here in Khorat, but spend half my time between the UK and Thailand, on 90 day visa,s . They want to continue living in the UK,
Please thanks

[7by7]

It seems that your friend and his wife have been given some very poor advice.

 

Regardless of what test she took, she could not have applied for British citizenship.

 

This is because one of the requirements for naturalisation is that the applicant has no time limit on their stay in the UK; e.g. Indefinite Leave to Remain.

 

A work permit does have a time limit, so regardless of any other factors this alone means that any naturalisation application by her would have been refused.

 

However, she could have, and should have, switched in the UK from a work permit to leave to remain as a spouse. Then once she had ILR she could, provided all the other requirements were met, have applied for naturalisation as British.

 

But she didn't do this. Instead, from what you have said, she overstayed her work permit and then, having left the UK, was not able to get back in again. Quite rightly as she had no valid entry clearance.

 

From what you say, her intention is to live in the UK with her husband; correct?

 

In which case a visit visa is definitely not the right way to go. Regardless of the term of the visa held, a visitor cannot spend more than 6 months per visit in the UK and, usually, no more than 6 months out of any 12 in the UK.

 

I think that her application has probably been refused. Her previous overstay would certainly be a factor, and if the Entry Clearance Officer had any reason to suspect that she intended to remain in the UK beyond 6 months then s/he would have refused the application.

 

Also, unlike a work permit, a visit visa cannot be converted to settlement inside the UK. Had she got the visa then she could have spent no more than 6 months in the UK and would have had to return to Thailand to apply for settlement.

 

However, if she has been refused then she should have had a refusal notice sent with the return of her passport explaining the reasons for the refusal. I suggest double checking as maybe she missed it?

 

As her intention appears to be to live in the UK with her husband then she needs to forget about a visit visa and instead apply for a settlement visa. See UK settlement visa basics.

 

Once she has met all the requirements, including ILR which will take 5 years living in the UK to obtain, she can then apply for British citizenship. See British citizenship basics.

 

 

 

[ThaiVisaExpress]

Can you put some kind of time references on this ?   When did she receive the passport back ?  When did you contact the Embassy, and were told 20 days ( it is actually 20 working days) ?

 

If the 20 working days haven't yet passed, then you will need to wait for the response. If it is now past the 20 working days, we may be able to contact the Embassy on your behalf.

 

 

[Lesbill]

Many thanks 7/7. She has now found some added document in her returned package, I don't know what yet, but now we have good guidance from you and Thiavisa, many thanks, I shall let you know of our progress from now,
The 20 days mentioned, was given 10 days ago, but said " if about Visa then no reply will come," so we don't expect any.
Again many thanks, lesbill