thai wife has been told no more tourist visas..what are my options now

[albevy]

Hi,great site and comments..my queery is this,my thai wife and i have been legaly married in Thailand for 4 years,in that time I have been staying in Thailand for 5 months a year and taking her back to U.K. for 6 months on a tourist visa.They now say no more tourist visas for her,so what are my options now ?I am self employed in the U.K. The thing is we dont want to settle in the UK yet,as we enjoy doing as we have,spending time in both

the UK and Thailand..Also I was not aware that there was a limit to how many tourist visas she could have..So we were surprised to hear that she

can not apply for any more..So now we are at a loose end as to what to do ..thankyou in advance for any responses that may help us wth this..

Edited December 4, 2014 by albevy

[Briggsy]

I don't think there any easy options. Your wife has been using tourist visas to live in the UK. That is not permitted.

[7by7]

Who has told you this? As far as I am aware, UKVI cannot tell someone that they cannot submit a UK visa application. They can, though, advise that any application is likely to be refused and say why.

There is no rule on how often a visitor can visit the UK; except that the maximum time spent in the UK per visit is 6 months.

There is, however, a convention that a visitor should not spend more than 6 months out of any 12 in the UK.

In addition, if it appears that a visitor is using regular, lengthy visits to by pass the settlement visa rules then an application is likely to be refused.

VAT1.5 Frequency and duration of visits

There is no restriction on the number of visits a person may make to the UK nor any requirement that a specified time must elapse between successive visits. However, the Immigration Rules state that the applicant must show that they do not intend to live in the UK for extended periods through frequent and successive visits. An ECO must consider the reason for a series of visits with only brief intervals outside the UK between each visit. The ECO must consider the purpose of the visit against the time elapsed between visits and the duration of previous visits to the UK.

There is no Rule that states a visitor can only remain in the UK for 6 out of any 12 months, but an ECO must examine the pattern and frequency of visits to see that it does not amount to de facto residence.

From what you say, I agree with Briggsy; it does appear that your wife has been using visit visas to by pass the settlement rules.

As far as I can see you have three options:

1. You move to Thailand to live with her.
2. She applies for settlement in the UK.
3. She waits for a reasonable lengthy period before applying for another UK visit visa.

[albevy]

I don't think there any easy options. Your wife has been using tourist visas to live in the UK. That is not permitted.

thanx for the reply...but really want to know what options are now open to us ,and what is the best visa to apply for suiting our needs >>

[7by7]

If you need is to live together in the UK for extended periods, the best, indeed only, option is a settlement visa.

This does not imprison her in the UK; she will be allowed out to visit Thailand, or anywhere else!

See Settlement visa basics.

[Evilbaz]

Perhaps ask the UK Immi authorities?

[ThaiVisaExpress]

If you want to contact us for a free consultation, then please do so. I'm not sure what you mean by having been told that your wife can't have any more tourist visas, as ( as 7x7 says) any application will be treated on its merits, and nobody can say that she can never ever have another tourist visa without you even applying for one.

Tony M

[albevy]

thankyou for your help and response, we didnt really want to settle in the UK , but looks like the only possible route now to carry on as we have been..

[albevy]

Tony...thank you may well be in touch...have you a pattaya office ? or a phone number i can use ?

[bobrussell]

I see no reason why you should not use the argument that there is no alternative visa type available. To settle, the UK needs to be your primary base. If this is not your plan then it could be argued by the picky, that as there are no plans to settle there is no entitlement to a settlement visa!

These are visit visas (used for tourism and many other purposes) so I would avoid using that term! Your wife is a visitor not a tourist!

You are between a rock and a hard place but it is the system that is putting you in this position. Tony's opinion would be of great interest!

[ThaiVisaExpress]

If you want to contact us for a free consultation, then please do so. I'm not sure what you mean by having been told that your wife can't have any more tourist visas, as ( as 7x7 says) any application will be treated on its merits, and nobody can say that she can never ever have another tourist visa without you even applying for one.

Tony M

Tony...thank you may well be in touch...have you a pattaya office ? or a phone number i can use ?

The office is in Pattaya. Details are on our website. Just click on the avatar on the left. Alternatively, or additionally, you can give details here, and everyone might benefit from your experiences. If, however, your wife has now been refused a visit visa, then feel free to post the refusal notice, but delete all personal details before posting.

Tony M

[paully]

we didnt really want to settle in the UK , but looks like the only possible route now .

There isn't a 'come and go as you please' visa for her, I'm afraid.

[ThaiVisaExpress]

I see no reason why you should not use the argument that there is no alternative visa type available. To settle, the UK needs to be your primary base. If this is not your plan then it could be argued by the picky, that as there are no plans to settle there is no entitlement to a settlement visa!

These are visit visas (used for tourism and many other purposes) so I would avoid using that term! Your wife is a visitor not a tourist!

You are between a rock and a hard place but it is the system that is putting you in this position. Tony's opinion would be of great interest!

If we can get a bit more info, I'll hopefully be in a better position to give an opinion.

Tony M

[ArfurMaggot]

Albevy,

Interestingly, in the last couple of days this has become an issue raised on the Jeremy Vine show.

The topic of controversy was that, an any EU passport holder, from any country in the EU can travel into the UK, with a spouse, even if the spouse is not from an EU country and they can then immediately start claiming benefits. This includes child support benefits which might even be from a previous marriage from which the children are living outside the EU. This cannot be done by a UK national. Last year they prosecuted 4,000 couples for these arranged marriages to use this loop-hole and they believe that this is now a major industry that they are just seeing the tip of the iceberg on.

Sorry I can't offer you any advice or even good news, Mate.

[Maybole]

Speak to your local MP.

[ronaldo0]

As far as im concerned the UK govt can go and do one!!!

I applied for a tourist visa for my wife about 3 years ago,i owned a 300 K house in UK and had 6 figure bank account.They turned my wife down because she only could get 3 months bank statements instead of the 6 they asked for. Despite me saying i was paying for everything.

I then tried again last month and gave them everything they asked for and more,letters from my mother saying she was expecting us to visit and if for some reason we ran out of money she would pay .etc.

Yet again they denied my wife!! They gave 4 reasons .

saying they didnt believe my wife and i lived together( despite being married for 7 years!)

they didnt think she was genuine and would not return to Thailand

she didnt seem to have funds to buy a return ticket( she has over 1 million bht in the bank)

she had no proof of my visa status,income,bank statements etc. None of which was asked for in the application!!

Next time will be the last .If they say no again i will not be trying again and will forget the place even exists!!

If she was some broke european beggar she could get in no problem ,get a house cash etc!!

[kennypowers]

Speak to your local MP.

Agree with this. And see a British lawyer. As long as she has not violated her visa terms at any point, because she is your wife, it would be arguable that this ruling violates Article 14 of the European Convention on Human Rights.

That said, even though your marriage is recognised in the UK, I would register it there formally under Article 12 of the same convention. Note that these are your rights that are being violated, not hers, as she is outside of the EU. This is your right to marry (12) and your right not to be discriminated against; in this case for whom you have married and wish to be with (14).

[antic8]

Can she get a family visa?

https://www.gov.uk/family-visit-visa/overview

[makkam]

I'm outraged.

The UK government doing what the Thai govt does...clamping down on the use of tourist visas to get round regulations.

The same thing the many other western nations do.

Wonder how the thai haters will respond to this?

[Chwooly]

Doesn't the UK have a multiple entry multiple year tourist visa? The US has a 10 year multiple entry. Just wondering.

[loonodingle]

Hi. If you get a settlement and then Continue to stay part Thailand part England at the end of the initial 2 years they give you i think there is some requirement that she has spent the no more than 90 out of England to get a renewal and indefinite leave to remain.

[theoldgit]

Doesn't the UK have a multiple entry multiple year tourist visa? The US has a 10 year multiple entry. Just wondering.

Yes, but you're normally only allowed to spend six out of any twelve months in the UK, whatever the length of the visa.

[theoldgit]

Can she get a family visa?

Yes, she can apply for a Family Visit Visa, though I suspect she may already have had one of those.

That is really designed for those visiting the UK on holiday, not for those wishing to live in the UK for extended periods.

[laislica]

As far as im concerned the UK govt can go and do one!!!

I applied for a tourist visa for my wife about 3 years ago,i owned a 300 K house in UK and had 6 figure bank account.They turned my wife down because she only could get 3 months bank statements instead of the 6 they asked for. Despite me saying i was paying for everything.

I then tried again last month and gave them everything they asked for and more,letters from my mother saying she was expecting us to visit and if for some reason we ran out of money she would pay .etc.

Yet again they denied my wife!! They gave 4 reasons .

saying they didnt believe my wife and i lived together( despite being married for 7 years!)

they didnt think she was genuine and would not return to Thailand

she didnt seem to have funds to buy a return ticket( she has over 1 million bht in the bank)

she had no proof of my visa status,income,bank statements etc. None of which was asked for in the application!!

Next time will be the last .If they say no again i will not be trying again and will forget the place even exists!!

If she was some broke european beggar she could get in no problem ,get a house cash etc!!

Last year I applied for a general visitor visa for my wife. We live half time in Spain and half in Thailand.

She has Spanish Foreigners ID card.

UK border control refused her visa on the grounds that "On the balance of probabilities, she would over stay ( we planned a three week trip and said so in the application, that she was insufficiently attached to Spain, we has only been married about 10 months, 5 of which had been in Spain getting her the ID Card. That she would not have sufficient funds and need handouts.

I was as angry as you!

If you follow the human rights route and get success, please PM me as I would love for her to visit and meet my family and friends in the UK.

I left the UK in 2000, but still pay my taxes there!

Hmm, maybe I should apply again via the Emb in BKK?

That would save the huge cost of going to Madrid to give the bio data!

BKK is only 80 k from our home here.

[ronaldo0]

She gave them everything they needed. Had wedding photos,marriage certificate,my passport and signed copies of it etc!

Yet i know a guy who comes here for 2 months at a time,no job that he can list without getting nicked ,got married here and moved her to the UK 2 years ago.Never seen her or him again!! My mate was married to woman in bkk and applied 4 times and still got refused, so he ended up divorcing her as they couldn't live together .

Edited December 5, 2014 by theoldgit
Reply removed from within quote and excessive follow on quote removed.

[laislica]

And of course, the best thing?
There is no appeal!
No way to provide additional detail....

Our marriage certs were translated in to English and Spanish and "Recognised" by the Brit Consul, Malaga, €243 plus endless phone calls and a visit in person, 400k each way and overnight stay...... We has to swear oaths that we were legally married and living together.
This was a requirement of the Spanish FO but clearly not good enough for the UK Border Control.
The English one was perfectly acceptable to the pensions office though.

Ha ha, just asked if we should reapply from BKK, and she said, no, too tired with their BS!

Try to work within the rules - get screwed!
From what I read here, the Aussies suffer even more than us!
They only freeze our pensions but if an Aussie marries a woman of working age, they reduce his pension
Cos they feel that she should work and keep him.

Edited December 5, 2014 by theoldgit
Excessive follow on quotes removed.

[Bench499d]

I don't get it. Before we were married, my wife applied for a multiple entry visitors visa which lasted for 10 years and meant she could stay for up to 6 months each time. Obviously no recourse to public funds etc. Surely this is the whole point of this visa. I can't see how it can be classed as settlement if you're spending half the year in a foreign country.

[laislica]

I don't get it. Before we were married, my wife applied for a multiple entry visitors visa which lasted for 10 years and meant she could stay for up to 6 months each time. Obviously no recourse to public funds etc. Surely this is the whole point of this visa. I can't see how it can be classed as settlement if you're spending half the year in a foreign country.

When was that?

They have tightened up the rules even more now.

Maybe they are paranoid that we older men are making sham marriages just to get a Thai lady into the UK and let them scrounge on handouts?

Look online and do one of the free knowledge of the UK tests - I did and would have failed!

My knowledge of King Charles and that ilk was not good enough f.f.s.!

[superal]

As far as im concerned the UK govt can go and do one!!!

I applied for a tourist visa for my wife about 3 years ago,i owned a 300 K house in UK and had 6 figure bank account.They turned my wife down because she only could get 3 months bank statements instead of the 6 they asked for. Despite me saying i was paying for everything.

I then tried again last month and gave them everything they asked for and more,letters from my mother saying she was expecting us to visit and if for some reason we ran out of money she would pay .etc.

Yet again they denied my wife!! They gave 4 reasons .

saying they didnt believe my wife and i lived together( despite being married for 7 years!)

they didnt think she was genuine and would not return to Thailand

she didnt seem to have funds to buy a return ticket( she has over 1 million bht in the bank)

she had no proof of my visa status,income,bank statements etc. None of which was asked for in the application!!

Next time will be the last .If they say no again i will not be trying again and will forget the place even exists!!

If she was some broke european beggar she could get in no problem ,get a house cash etc!!

[Mudcrab]

Starting to make staying in Thailand a piece of cake by comparison