Options for renewal of a settlement visa

[gerry67]

My wife was granted a partners visa just under 2 years ago. However shortly afterwards she returned to Thailand for the birth of our son. So only spent a few months in England after receiving the visa. The visa is due to expire on June 6th. And we would like to renew it. With her returning to the UK permamnently. Could anyone please advise me as to what visa/extension we will need to apply for and if this can be done if she returns now and we start the process. Or will we need to start again from scratch.

My apologies for the vagueness of this, however any advice would be appreciated.

Gerry

[7by7]

The next stage after the initial visa is Further Leave to Remain; see Apply to remain in UK with family (note; your wife will be on the 5 year route).

This lasts for 30 months and at the end of it she applies for Indefinite Leave to Remain; provided all the requirements are met; if not then she would need to make another FLR application.

However:-

Both applications can only be made in the UK; so she will need to return to the UK to apply for FLR.

Also, in both applications she will need to show that she has been a UK resident and living with you throughout the validity of her previous visa or leave to remain.

This does not mean being tied to the UK; people are allowed out for holidays, family visits etc.

But from what you say, your wife has spent all but a few months of the last 2 years living in Thailand; so she would have to show a very compelling reason why she did this instead of living in the UK with you for a FLR application to be successful.

This does not mean it wont be; a lot depends on why you lived apart. Each application is treated on it's own merits, so I'm afraid I cannot say whether your reasons for living apart for so long would be acceptable or not. The only way to discover that would be to apply and see what happens.

So it's your choice; she returns to the UK, applies for FLR and hopes to be successful, or she applies in Thailand for a new visa and starts the whole process all over again.

If you and she decide to apply for FLR, as said she can only do this inside the UK; she must also have a valid visa or leave to remain when she submits the application. So she must return and submit her application before her current visa expires.

If she is still in Thailand when her current visa expires then she will definitely have to apply for another settlement visa as your wife and start all over again if she wants to live in the UK with you.

BTW, your son is probably British, provided you are British 'not by descent' (see here) and have proof that you are the father, e.g. named as such on his birth certificate. As a British citizen he obviously doesn't need any kind of visa to enter or live in the UK and wont be included in the financial requirement for any application his mother makes. So, if you or you wife have not already done so, you should obtain a British passport for him before he and his mother leave Thailand. He's also Thai, of course, so I'd get a Thai one for him as well.

[gerry67]

Hi All,

As originally stated my previous email was rather sketchy. So I have taken the time to add more information in the hope that someone might be able to assist:

My wife was originally issued with a Marriage Visa on 2nd May 2013. We were then married 9th August 2013.

She was then granted a spouse/partner leave to remain visa that ran 06/12/2013 - 06/06/2016.

She then fell pregnant and departed the UK on 20th march 2014. Our son was born 12th December 2014.

Up until now she has resided in Thailand with our son as she wanted to stay with her family for added support at that time.

She now wishes to return to the UK.

What I would like some help with, is advice on whether she can return on the original visa in order for us to start the process of asking for a FLR? visa within this time as the previous visa is still valid. If not what avenues are still open to us.

Thanks in advance for any assistance that any of you can give with this matter.

Gerry

[gerry67]

7BY7,

It looks like I posted clarification as you were replying to my original email.

Would what I have posted help you in regards to any advice that you have already given.

Thanks Again,

Gerry

[7by7]

Sorry, no.

That she first entered as your fiancée and then obtained FLR after the marriage doesn't effect my previous.

Whilst it is understandable that she wanted family support during the birth, she left the UK 6 months before the birth and has remained in Thailand ever since.

So she lived with you for the first three months of her 30 month FLR, but for the last 24 months she has been living apart from you and outside the UK.

I still believe she will have to provide a very compelling reason for doing so for any FLR application to be successful.

Others may have a different opinion, and I'd be happy to be proven wrong.

[gerry67]

Thanks 7by7,

I fully understand your reservations. Just to clarify however. She will still be able to enter the UK on the visa that expires 06/06/2016?

Thanks again,

Gerry

[7by7]

She can use that to enter the UK while it is still valid, yes.

The question is whether she will be allowed to remain after that date.

If she does submit a FLR application on or before 6th June, she will be able to remain in the UK until her application is decided.

If that application is refused, then she can appeal and I think I'm right in saying that she will be able to remain in the UK until the appeal is heard.