Leave To Remain Visa Uk

[saranagon]

Hi There

A friend of mine has since split with his thai wife and they are planning divorce ,she only has 2 year spouse visa and wishes to remain in the uk ,can she do this without the support from her estranged husband ? or without any support i do believe she holds down a job as a hotel worker

[vinny]

See Chapter 8 - Family members, Section 1 - Spouses:

4.10 Refusal of settlement

The general guidance on adverse decisions at Chapter 9, Section 1 provides important advice about the decision making process and should be consulted whenever an application falls to be refused.

Indefinite leave to remain should normally be refused if all the requirements of paragraph 287 of HC 395 as amended by Cmnd 3365 and HC 538 are not met.

In particular, 287(a)

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner; and

However, Indefinite leave to remain as the victim of domestic violence may be granted under 289B.

Edited September 12, 2006 by vinny

[the scouser]

If they are separated and intend to divorce, as Vinny indicates, it is unlikely that the wife will qualify for her indefinite leave as a spouse.

If she were either bereaved, or subject to domestic violence, then she could still qualify, but the applicant does actually have to demonstrate the claim; i.e. it's not sufficient to say it has happened.

Scouse.

[saranagon]

Thanks Guys,I have just been informed that the girl in question has trashed my friends house and stole credit cards while he was in Thailand trying to get a divorce sorted out, she is wanted by Fraud squad ,Sounds like she will be deported when cid catch up with her

For information anyone married in Thailand and not registerd in uk has to wait nine months for divorce then he can go and sign documents alone

Bummer for him

[the scouser]

If she's got a predisposition to commit fraud, then try to make sure that she doesn't forge her husband's details on an ILR application.

Scouse.

[vinny]

If she's got a predisposition to commit fraud, then try to make sure that she doesn't forge her husband's details on an ILR application.

Or do something worse!

If she were either bereaved, or subject to domestic violence, then she could still qualify, but the applicant does actually have to demonstrate the claim; i.e. it's not sufficient to say it has happened.

Your friend should be very careful!