Thai Girl In Uk, How To Get A New Visa?

[eljeque]

OK, I know this Thai girl in the UK. Her UK husband was a piece of trash. She had a two year marriage visa. He ran off to Spain at the two year mark. Her visa is now finished.

She found a new boyfriend. He is from Bangladesh. He has residency, but not citizenship.

The two of them rarely talk now.

Her immigration meeting is coming up in two weeks.

As her husband is no longer there, the Home Office has told her that he is the reason for her being in the UK, and without him, she should return home.

Does anyone have an idea, through experience or knowledge of the laws or an organization that could help, how she could continue to stay in England.

Oh, and by the way, she has not been taking her medication for mental illness for five months due to her pregnancy. She has been hospitalized in the UK once for going over the wall, so to speak, and has a minor criminal record; biting a female police while being arrested for causing a disturbance in a club after having her purse stolen, and once more for chasing her husband with a knife after he threatened to have her deported.

Yes, she has problems, but her husband was one of the most vile men known to man, even by the standards set in Pattaya.

OK, my ears are open.

[gpt]

Oh no, not another one.

[the scouser]

According to the immigration rules, she'll have to return to Thailand and seek a new visa to return, although she won't be able to marry again until she divorces her existing husband.

Scouse.

[mrbojangles]

First of all, i feel extremely sorry for the innocent child in this.

Secondly, we don't know what went on "behind closed doors"

Thirdly, if she's already had run in's with the Police, i personally don't want her kind in this country.

Finally, i don't want the husband's kind in this country either.......Fortunately, he's legged it to Spain. So i'm happy about that.

[markr]

Surely she would be so much better off if she went back home to thailand?

How did you get to know her? Do you know the husband? Is it his baby?Is it a bangladeshi baby?

[GU22]

As her husband is no longer there, the Home Office has told her that he is the reason for her being in the UK, and without him, she should return home.

That is the situation. If someone is in the UK with a spouse visa and the marriage breaks down before they have ILR then they cannot get ILR and so will have to leave the UK when the original visa expires.

The only exception to this is if the marriage broke down due to her husband committing violence against her.

Immigration Rules. Part 8: family members. Spouses and civil partners.

289A. The requirements to be met by a person who is the victim of domestic violence and who is seeking indefinite leave to remain in the United Kingdom are that the applicant:

(i) was admitted to the United Kingdom or given an extension of stay for a period of 2 years as the spouse or civil partner of a person present and settled here; or

(ii) was admitted to the United Kingdom or given an extension of stay for a period of 2 years as the unmarried or same-sex partner of a person present and settled here; and

(iii) the relationship with their spouse or civil partner or unmarried partner or same-sex partner , as appropriate, was subsisting at the beginning of the relevant period of leave or extension of stay referred to in (I) or (ii) above; and

(iv) is able to produce such evidence as may be required by the Secretary of State to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence.

Item (iv) is the important one. At the very least a police report.

However, from what you've said, it seems that she committed violence against him!

Unless she does qualify under Para 289A and can prove it, if she wants to remain in the UK with her new boyfriend she's first going to have to return to Thailand, divorce her husband and then re-apply as either the fiance or spouse of her boyfriend.

[hgvneil]

Ive heard stories from thai girls in u.k lying to friends about "bad" husbands,as an excuse to leave them in search of something better.Maybe not in this case,but its does sound like she is better off going home,has she just latched onto some other guy to try and stay in u.k ? send her back.

[atlastaname]

First of all, i feel extremely sorry for the innocent child in this.

Secondly, we don't know what went on "behind closed doors"

Thirdly, if she's already had run in's with the Police, i personally don't want her kind in this country.

Finally, i don't want the husband's kind in this country either.......Fortunately, he's legged it to Spain. So i'm happy about that.

Mr BoJ,

1) I am not sure i do. Certainly if she does manage to get another visa and stay here with her new boyfriend(later husband?) the baby will be far better off than if she had to return and stay forever in Thailand. If the father becomes unable to support her and the child she will receive generous help from the Govt re housing and weekly allowance. The baby will receive years and years of my taxpayers money (as does everyone else's children irrespective of if they can afford to care for their children or not) to pay for his/her upbringing whether the father can pay or not. Not to mention a high standard of free education and healthcare. And if he/she chooses to do nothing with their lives when they grow up well once again my taxpayers money comes to the rescue. So ...no...i think the innocent child as you put it will be quite ok here in the UK. If she is never able to return and has to stay in Thailand of course thats a totally different story. THEN i feel sorry for the child.

2) agreed

3) Why? Just because someone has a run in with the Police in this virtual Police state we live in , doesn't make them a bad person . With all the power the Police have in the UK (is there anything they can't do now?) its not that hard to fall foul of them. I realise i am saying the unsayable in not being 100% pro-police in this PC country of ours , but thats what i think. They're not all that , and they have far too much power. The real criminals in this country are those higher up ... if you know what i mean ...

4) agreed

to Markreed and hgvneil, for reasons stated in 1) above , actually she would be far better off staying here. The fact is though as Scouce and GU22 said already, she will have to return to Thailand and re-apply.

[mrbojangles]

First of all, i feel extremely sorry for the innocent child in this.

Secondly, we don't know what went on "behind closed doors"

Thirdly, if she's already had run in's with the Police, i personally don't want her kind in this country.

Finally, i don't want the husband's kind in this country either.......Fortunately, he's legged it to Spain. So i'm happy about that.

Mr BoJ,

1) I am not sure i do. Certainly if she does manage to get another visa and stay here with her new boyfriend(later husband?) the baby will be far better off than if she had to return and stay forever in Thailand. If the father becomes unable to support her and the child she will receive generous help from the Govt re housing and weekly allowance. The baby will receive years and years of my taxpayers money (as does everyone else's children irrespective of if they can afford to care for their children or not) to pay for his/her upbringing whether the father can pay or not. Not to mention a high standard of free education and healthcare. And if he/she chooses to do nothing with their lives when they grow up well once again my taxpayers money comes to the rescue. So ...no...i think the innocent child as you put it will be quite ok here in the UK. If she is never able to return and has to stay in Thailand of course thats a totally different story. THEN i feel sorry for the child.

2) agreed

3) Why? Just because someone has a run in with the Police in this virtual Police state we live in , doesn't make them a bad person . With all the power the Police have in the UK (is there anything they can't do now?) its not that hard to fall foul of them. I realise i am saying the unsayable in not being 100% pro-police in this PC country of ours , but thats what i think. They're not all that , and they have far too much power. The real criminals in this country are those higher up ... if you know what i mean ...

4) agreed

to Markreed and hgvneil, for reasons stated in 1) above , actually she would be far better off staying here. The fact is though as Scouce and GU22 said already, she will have to return to Thailand and re-apply.

Atlastaname,

1) Your points are well made. I was just saying that i feel sorry for the child. As in most cases, innocent children get caught up in these situations, due to no fault of their own.

2)

3) I still don't want people who bite Police women and chase people around with a knife, in this country. Period. We have enough nutters in this country as it is, i don't want one more. My opinion.

4)

[atlastaname]

Mr BoJ,

All understood. I was probably in a picky mood when i did the above post. I suppose what i was saying was that if you had said you don't want people who run around with knives in the UK i would definately have agreed!!. But because you phrased it as anyone who has had a run in with the Police , i took issue with that. I would draw no distinction between someone who bit a police woman and someone who bit anyone else. I have never understood why attacks on the Police (who choose to do their job remember) are more serious than an attack on anyone else. Surely it is the same seriousness ? That has always baffled me .

Anyway i think we are largely in agreement if you look past my being a bit pedantic .

[glenbat]

Sorry to hear of your friends situation, and I cant give advice or any help I'm afraid on whats right or wrong.

Surely if she wants to stay in the UK, theres ways she could? (this is coming from a very patriotic and opinionised Englishman)

We let in thousands of so called 'asylum seekers' every week, that majority of them being able bodied fit males between the ages of 18 and 40. If these people are genuinely fleeing rape and persecution in their home countries would they leave behind their elderly mothers, daughters, wifes etc. Exactly.

There must be a way this lady can recieve some sort of help, whatever she chooses to do?

Apologies for going off on one, but rant is not over

[Mossfinn]

Surely if she wants to stay in the UK, theres ways she could?

It would appear not, as stated in Scouse's post 3, maybe a get out in GU22's post 6, but unlikely.

Moss

[lostvan]

OP, out of interest, why are you so concerned about her staying in England? What is here for her?

Perhaps she would be better off back in her home country with friends and family. It doesn't seem like there's anything for her here apart from maybe a lonely life with a kid in a council flat and a load of state handouts- though unlikely given her visa status.

If I were you I'd help her home where she and baby can be helped by family etc

[eljeque]

OP, out of interest, why are you so concerned about her staying in England? What is here for her?

I do not want her returning to Thailand and becoming a headache for me. I wrote her life story (Only 13).She can also receive better psychological treatment in the UK. Giving birth in the UK will provide the baby with a better life. She can give it up for adoption there before being returned to Thailand. The baby's father is a UK resident.

What is here for her?

Perhaps she would be better off back in her home country with friends and family.

NO!!!! Her mother is a parasite who once told her never to return home unless she had 200,000 in her pocket. Her one sister is a prima dona who avoids contact, even though she financed the her schooling from being a runaway at 13 and then becoming a bargirl.

It doesn't seem like there's anything for her here apart from maybe a lonely life with a kid in a council flat and a load of state handouts- though unlikely given her visa status.

Her UK husband taught her the handout route. "Claim Benefits" was a term I was unfamiliar with until I heard it from him. He was an orphan and grew up with the mindset of receiving State benefits. He was claiming benefits illegally for her and for him taking care of her for the time they were together there. He ran to Spain leaving behind overdrafts, council taxes, water and power bills, visa bills, etc. The State sent him a letter informing him that if he did not pay back the funds that he had been receiving illegally for taking care of her that they would put him in jail. He had even been able to get charity to pay his power bill.

He never held a job more than a couple of months, often less tan two weeks--finding a way to instigate being fired so that he could get back on the dole.

If I were you I'd help her home where she and baby can be helped by family etc.

I wish that the family were of some help, but that would not be the case. They would be looking for her to brings loads of money back.

I think that England should be a lot more careful about whom they allow to bring a wife into the country, and also a lot more careful about the wife. This guy cannot write a complete sentence, had a net worth of 7,000 pounds and a job paying 1200 pounds/month and he was allowed to bring her in the country. He is 52.

I thank everyone for all of their insight and advice. I am sorry that the people of England are now paying for her hospital care--this is the second time she has been admitted to a psychological hospital, as it is really the responsibility of her husband who ran off. He knew she was on medication prior to marrying her in Thailand and also knoew that the same medication and treatment would be required in England, but he chose to marry her and take her to England anyway. He wanted her to be able to help pay his bills. I really do hope that the government is eventually able to track him down and give him the bill.