Return to Thailand for 1 year [UK settlement visa]

[wooloomooloo]

My friend's wife, unfortunately, needs to return to Thailand for about a year. She has been here for six months on a settlement visa and arrived within a few weeks of her visa entry date.

Where does she stand if she returns to the UK on her original settlement visa this time next year? Though, I understand that if she does enter the UK after such a layoff then the ILR and citizenship applications are pushed back.

[MaprangHolmes]

It should not be too much of a problem she will apply for FLR and when her visa expires, she will have to apply for FLR again until the 5 year probation period has expired and then apply for ILR. It is just going to take longer and cost more money.

[7by7]

There is no specific limit on time spent out of the UK whilst qualifying for FLR or ILR; though there is for citizenship.

However, when applying for both FLR and ILR the applicant needs to show that they are a UK resident and have been, and still are, living with their spouse/partner (except in special circumstances such as bereavement or domestic violence).

Question 6.9 of form FLR(M)

6.9 If relevant, have you lived together permanently in the UK with your sponsor since your last grant of limited leave to remain as a partner?
Yes
go to question 6.16
No
Please provide details of any periods when you have not lived with your sponsor since your last grant of limited leave to remain and any reasons why you have not done so

So my advice is that she applies for FLR at the appropriate time, and hope that her answer to 6.9 is acceptable.

If this application is successful, then she will be able to apply for ILR 30 months after that.

Of course, if she is still in Thailand when her current visa expires then she will have to start the whole process all over again.

Edited March 28, 2015 by 7by7

[wooloomooloo]

Thanks for the replies both of you.

Okay, her husband was sent to prison yesterday for 21 months so would expect him to be released in about 11 months from now. She is going back to Thailand on Monday. So it would appear that there's some scope under question 6.16.

[7by7]

There could be another problem, though.

When applying for FLR she and her husband will have to meet the financial requirement again. Except for FLR her, UK, earnings can be used as well as his.

If he is in prison and she in Thailand, how will they be able to do this?

[wooloomooloo]

Good point, 7by7.

I would reasonably expect that the husband will return to his job on release, or another, on circa £40k+ pa. Money's not really a concern in the long run.

The husband has been an idiot at the expense of his wife and child [three-year old girl dual Thai/British nationality]. His wife is obviously very upset over the whole affair but I'm glad she's going back for the interim. She's been working here as well, but was all dependent on her husband's liberty.

We need to determine if a new settlement application would be easier prior to writing off her existing status.

I really like my friend's wife and child as she's a good mother and the child is a lovely girl.

I'll do my best for them all in the coming months.

[7by7]

best wishes to her and the child.

Whilst UKVI wont give detailed advice on individual applications, they may be able to advise on whether this separation would be considered as disqualifying her from FLR.;

Contact from inside the UK:

Telephone: 0300 123 2241 (up to 9p per minute from a landline, 40p per minute from a mobile depending on your provider)
Textphone: 0800 389 8289 FREE
Monday to Thursday, 9am to 4.45pm
Friday, 9am to 4.30pm

From Thailand:

Opening times: 8:00am - 4:00pm (Thailand time)

You can call us on:

0018 001 5620 78469

If you would prefer to dial a UK number direct please call:

00 44 1243 218 110

This is a paid service and there is a cost of £1.37 UK Sterling per minute in addition to your standard network charges. Please have a valid credit or debit card ready to process your payment. We can accept MasterCard credit and debit cards, and Visa credit and debit cards. You will not be charged until you are connected to an adviser. Calls may be recorded for training purposes. We are able to handle your calls in English or Thai.

[wooloomooloo]

best wishes to her and the child.

Many thanks and I'll pass on your best wishes, 7by7.

Whilst UKVI wont give detailed advice on individual applications, they may be able to advise on whether this separation would be considered as disqualifying her from FLR

If you would prefer to dial a UK number direct please call:

00 44 1243 218 110

This is a paid service and there is a cost of £1.37 UK Sterling per minute in addition to your standard network charges. Please have a valid credit or debit card ready to process your payment. We can accept MasterCard credit and debit cards, and Visa credit and debit cards. You will not be charged until you are connected to an adviser.

...and thanks for this number. Will be twenty odd quid well spent for a rough idea as to whether it's worth advancing the present settlement to FLR, that would prove extremely costly if unsuccessful, i.e. flights back to UK next year, FLR application fee, return flights to BKK, settlement visa fee and associated costs, and precious time when she could have just reapplied for settlement in the first place.

I'll report back in due course.

[7by7]

As they wont give a detailed, personal response; maybe you could try contacting them from the UK first; it'll be cheaper.