Thai Wife's Return To Thailand...visa Problem In Future?

[MIKEANDNONG]

HI TO ALL...I HOPE SOMEBODY CAN HELP WITH THIS LITTLE PROBLEM. MY THAI WIFE ARRIVED IN ENGLAND TO LIVE WITH ME IN APRIL 2006 ON A 2-YEAR SPOUSE VISA. THEREFORE SHE CAN APPLY FOR A PERMANENT STAY IN ENGLAND IN APRIL 2008. HOWEVER SHE NEEDS TO RETURN TO THAILAND TO COMPLETE HER STUDIES AND THIS WILL TAKE APPROX.6 MONTHS. HOW WILL THE BRITISH AUTHORITIES VIEW THIS "ABSENCE" WHEN IT COMES TO MAKING THE APPLICATION FOR HER TO STAY IN ENGLAND INDEFINITELY IN 2008? OR AM I BETTER OFF TRYING TO MAKE HER WAIT TO GO TO THAILAND TO STUDY UNTIL AFTER SHE HAS HER PERMANENT VISA GRANTED? I'M SURE IT'S OK FOR ME AND HER TO GO TO THAILAND TO VISIT HER FAMILY ETC...BUT WHAT ABOUT A LONGER ABSENCE? A COUPLE OF FALANG HAVE TRIED TO ADVISE ME BUT ALL I'VE GOT IS CONFLICTING THEORIES...AND I'VE HAD NO JOY TRYING TO CONTACT THE BRITISH EMBASSY IN LONDON SO FAR. ANY THOUGHTS WOULD BE GREATLY APPRECIATED !!!

HAPPY DAYS...

[vinny]

Scouse would probably be the best person to answer. In the meantime, see also Immigration Directorates Instructions, Chapter 8 - Family members, Section 1 - Spouses:

4.5. Further guidance

There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules.

[the scouser]

As you will have seen from the links Vinny posted, there's no hard and fast rule governing how long someone can spend outside of the UK and still qualify for their indefinite leave: it really does depend upon the individual circumstances. Certainly, your wife should still apply for ILR, and leave it to the Home Office to decide what to do.

The caseworker's instructions say that employment abroad, for example, would be a valid reason for having spent a prolonged period outside of the UK, and should be disregarded as an absence when it comes to determining the ILR application. I think that a similar argument can be used in relation to pre-existing studies for which your wife has to return in order to complete the course. Additionally, if you were to spend at least some of that time with her in Thailand, the Home Office couldn't suggest that you're not living together.

Cheers,

Scouse.

PS. Can you tone it down a bit, and swithch off your caps lock? It's the internet equivalent of shouting.

[MIKEANDNONG]

Thanks guys for your swift responses to my posting...the advice is appreciated.I will certainly be spending some of the time in Thailand but I am limited by work commitments too.

Ours is a genuine case and I think we will carry on with wifey's studies and just hope that the Home Office look at it sympathetically in April 2008.Once again,many thanks and SORRY about my over-enthusiastic use of the CAPS LOCK button!!! Take care one and all...HAPPY DAYS!!!

As you will have seen from the links Vinny posted, there's no hard and fast rule governing how long someone can spend outside of the UK and still qualify for their indefinite leave: it really does depend upon the individual circumstances. Certainly, your wife should still apply for ILR, and leave it to the Home Office to decide what to do.

The caseworker's instructions say that employment abroad, for example, would be a valid reason for having spent a prolonged period outside of the UK, and should be disregarded as an absence when it comes to determining the ILR application. I think that a similar argument can be used in relation to pre-existing studies for which your wife has to return in order to complete the course. Additionally, if you were to spend at least some of that time with her in Thailand, the Home Office couldn't suggest that you're not living together.

Cheers,

Scouse.

PS. Can you tone it down a bit, and swithch off your caps lock? It's the internet equivalent of shouting.