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View Full Version : A tricky application, help needed



Bryn&Mot
29th Sep 2008, 07:17
OK,
A good mate of mine married his Thai wife a couple of years ago, they applied for a settlement visa and got it.
He lives in the UK permanently, She lives in Thailand for 6 months at a time and renters using here 2 year spouse visa.
( she has a business in Cha-am)
She has also a UK national Insurance card and is currently working in the UK and paying tax.
Her visa will run out in may 2009. She doe's not have any documents to say that she is in the uk apart from tax records and a concil tax bill with her name on whilst here in the uk, when she goes back to Thailand for her 6 month spree then my mate takes her off the council tax form.

So in short she is here 6 months, Los 6 months.
Come May time next year ....

1/ Should she apply for ILR, But very little supporting evidence and would this be the correct visa for this particular case

2/ If she applied for a visit visa, would she be able to work, she does have a National Insurance Number?

3/ Is there another type of visa that she should be applying for?

She wants to work in the UK whilst here.

Tobias
29th Sep 2008, 07:38
There are only 2 options as I see it Bryn. She can apply for ILR if she qualifies (not forgetting the Life in the UK test) if not she should apply for FLR.

If she applies for a visit visa she will not be able to work and she may have problems proving her true intentions are that of a "visitor".

If she qualifies for ILR, that is her best bet ... and no more need for any additional entry clearance in the future if she continues as at present.

Bryn&Mot
30th Sep 2008, 07:02
the problem is she would not be able to fulfill the language part to qualify for ILR, If her current visa expires whilst in Thailand I suppose they would have to start the whole process from scratch?
And I presume that she cannot apply for FLR in Thailand, also with very minimal supporting documents I doubt she would get the FLR anyway, so maybe instead of throwing money down the drain....Would it be better for them both to reapply for a 2 year spouse visa after the current one expires.?

You see , she wants to be here when her business is slack in Thailand at which point my mate goe's out there for a couple of months.... then they both comes back here, he gets her a job where he works, she goes back to Thailand about 6 /7 months later when Thai business gets busy and the whole process is repeated.
So technically she has no intention to settle here in the UK.

My mate is a a few years off of retirement and they both have to put up with the situation until then.
They have a great business in Thailand sort of travel Agents business, with tours etc, He has bought the 2 shops which she originally rented.... Long term they will both retire out there but for now they are trying to look after the shops and make as much money as they can.
I just don't know which( if it even exists) which visa is correct

Tobias
30th Sep 2008, 07:13
The simplest solution would be to ensure she is in the UK at the appropriate time and apply for FLR. She can then get down to preparing for "the test" and apply for ILR whenever she qualifies within the next 2 years.

Bryn&Mot
30th Sep 2008, 07:16
The simplest solution would be to ensure she is in the UK at the appropriate time and apply for FLR. She can then get down to preparing for "the test"

Sorry edited my post there Mr T and they crossed a bit

Does she not need to prove that she has been in the UK for the 2 years?
I thought that to apply for FLR they would need lots of paperwork going back the whole 2 years? To prove that she is here etc

Bryn&Mot
30th Sep 2008, 07:28
Also so she entered the UK about 6 months after the date on her visa, :help:

Boo
30th Sep 2008, 07:44
From my limited knowledge it would seem she has not fullfilled the requirements for ILR.A residency visa is for people who wish to settle full time in the UK & as she hads no intention of doing so full time then I doubt the consulate would give her another 2 years based on her previous passport stamp records. As she has spent less than the required time in the UK she will most likely not qualify for ILR on that basis alone & if she is unable to pass the life in the Uk then that is another reason for refusal.

Personally I would be talking to Davis Khan to see if there were a way to apply for FLR or get their help submitting another application for residency but tbh it doens't sound great.

Bryn&Mot
14th Oct 2008, 04:40
OK what I have told them to do is to apply for a VV and say nothing of the fact that she has a National Insurance number and possibly work, but that would be illegal.
Her lack of supporting documents and Passport stamps would IMO certainly not qualify here for FLR/ILR.

I relly didn't want to tell them about having to keep quiet about National Insurance number and work, as all of you know that VV will not allow her to work.

Is there no other way round this, must she omit the fact that she may work when she comes back here to visit her husband?

John
15th Oct 2008, 06:14
OK what I have told them to do is to apply for a VV

Bryn, I really don't agree with that, and fear that any application for a VV might be refused.

With the settlement-class visa she has, she is not obliged to stay in the UK all the time. And now, given the need for them to have just 6 documents (not 20) between them over the nearly 2 year period, well they should be able to achieve that.

At the very least she should get FLR, and give her another 2 years ability to enter the UK ... and to work!

ILR might be more problematic, and in any case, has she passed the Citizenship test, or completed a ESOL/citizenship course?

richardb
16th Oct 2008, 06:23
I must comment that the requierment of the rule " intends to live permenantlywith the other as his or her spouse" is not defeated by them spending time appart for work reasons. The key point is that the marriage is subsisting. It is the same as if your friend worked on an oil rig. It would only be if the adsences and living appart were so lengthy and unexplainable to raise suspision that the marriage is not subsisting that a problem would occur. Live together Permenantly is not the same as live together all the time.
Please drop the visitors visa idea its just storing up huge problems. It sugests the marriage is over. Who just wants to visit their husband.

Richard

Bryn&Mot
16th Oct 2008, 23:35
ok thanks for that.
I will ask them to make an FLR application when the time comes,
Cheers

Paul.A
19th Oct 2008, 03:23
I have a link to a test site for the KOL test it is free il send a link once i find it.