passport and visa

[phraeophailin]

My wife has just renewed her Thai passport in Korat and was expecting for her spouse visa for the UK to be transferred over to her new passport. She has been told now that she needs to go to Bangkok for this to be completed. As she is flying out on Wednesday 31^st Aug. Is there a problem if she fly’s back to the UK with the Old and New passport with the current visa still in her old passport. Would she have a problem entering The UK.

[7by7]

No country's passport authority will ever transfer another country's visa to a new passport. They didn't issue the visa; it's nothing to do with them.

 

Her UK visa is still valid, even though the passport it is in has expired and been replaced with a new one.

 

Transfer your visa to a new passport

Quote

You don’t have to transfer your visa - you can carry both your old and new passports when travelling to or from the UK instead.

 

She can transfer it if she wishes, either before leaving Thailand, although she probably doesn't have enough time, or after her return to the UK; but it's expensive to do so.

 

Does she not have a UK biometric residence permit; or by 'visa' do you mean a Leave to Remain vignette obtained before the introduction of BRPs?

Edited August 28, 2016 by 7by7

[phraeophailin]

Thanks for that 7x7. She is on the first leg of the spouse visa being in the UK for sixteen months now on it was her first trip out of the UK since arriving. She has a US visa which she never used which is eight years old now this was transfered into her now old Thai passport, before we left Thailand. I don`t think she will have time to arrange the transfer but do not want her to get turned around with my daughter ( who has both UK and Thai passports )at immigration. her old Thai passport did not run out for another six months. I dont think she has UK biometric residence permit the spouse entry visa ( as I call it ) sorry Im away at work at the moment and not with her, she was granted the visa around two years ago. She will carry her last two passports with her and her new one and hope all goes well.

 

thanks again   

[7by7]

She should not have a problem using her old passport with the visa together with her new passport. UK immigration certainly know the rules, and so do the major airlines; one would hope all airlines carrying people to the UK do! My wife and step daughter certainly had no problem doing this before they got their British passports.

 

These days, although the period of leave granted is still 33 months, the actual visa itself is only valid for 30 days; during which time the holder has to arrive in the UK and apply for a BRP. If they haven't travelled to the UK within this 30 day period then they have to pay to extend their visa.

 

If memory serves, two years ago was before this change in procedure.

 

In which case instead of having a BRP her visa will be valid for 33 months and she applies for Further Leave to Remain after she has lived in the UK for 30 months and before her current visa expires. FLR is valid for 30 months, at the end of which she applies for Indefinite Leave to Remain.

 

But, in order to make both those applications she must have a valid visa or leave to remain.

 

If her visa was issued two years ago but she has been living in the UK for 16 months then, if my maths is correct, her current visa will expire 4 months before she has lived in the UK for 30 months

 

In which case she will need to apply for FLR twice; once when or before her current visa expires and again 30 months after that so that she has a valid leave to remain when she is time qualified for ILR.

 

However, you say "she was granted the visa around two years ago." So check the dates; as long as she didn't delay her first arrival in the UK for more than 3 months after the start date of the visa she should be ok and not need this second application.