Thailand-UK ประเทศไทย-สหราชอาณาจักร

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  1. #1
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    Hi all
    I am new to this group and require some advice about a UK visa.
    I am 20 yrs old and a Thai national have been married to an English guy
    for about 1 year but have now seperated from him.
    I have a visa which is a spouse/CP type this visa runs up until aug
    2008.
    I want to know what my current position is because of my seperation, do
    i have to re apply if i divorce him.
    What are the requirements for me to stay in the UK as i have family
    here and i am very settled with a job and new partner.

    Any advice is much appreciated.

    Thanks

    Jess

  2. #2
    Member สมาชิก
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    Hi all
    I am new to this group and require some advice about a UK visa.
    I am 20 yrs old and a Thai national have been married to an English guy
    for about 1 year but have now seperated from him.
    I have a visa which is a spouse/CP type this visa runs up until aug
    2008.
    I want to know what my current position is because of my seperation, do
    i have to re apply if i divorce him.
    What are the requirements for me to stay in the UK as i have family
    here and i am very settled with a job and new partner.

    Any advice is much appreciated.

    Thanks

    Jess

  3. #3
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    Not good news, I'm afraid.

    You status in the UK is, at present, totally dependant upon your marriage. If the marriage is over then so is your legal reason for staying in the UK. If you do divorce your husband then you must leave the UK before your spouse visa expires (August 2008)

    The only way to stay would be if you can show that your marriage is over because your husband threatened you with violence or actually committed violence against you.

    Unless, that is, you reconcile with him, in which case you can apply for Indefinite Leave to Remain when the spouse visa expires. Once you have ILR you may remain in the UK indefinitely, even if you divorce.

    I strongly advise against pretending to get back together with your husband so that you can get ILR. Doing so would be a serious criminal offence which could result in prison for him and permanent exclusion from the UK for you.

    When you have finalised your divorce and are back in Thailand you may, of course, apply for another visa either as the fiance or spouse of your new boyfriend.

  4. #4
    Moderator rolyshark's Avatar
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    The only way to stay would be if you can show that your marriage is over because your husband threatened you with violence or actually committed violence against you.
    This also has to be substantiated-criminal prosecution of spouse and/or injunctive proceedings taken or threatened by you,possibly with any corroborating medical evidence.

  5. #5
    Member สมาชิก
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    Thanks for the useful advice, as reconciliation with my spouse is not an option, is there any other way of remaining in the country on any other visas or would i have to return to thailand at the end of my current visa and then re-apply for another visa.

    Thanks

    Jess

  6. #6
    Moderator John's Avatar
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    Jess, just theoretically, you could try to get an employer to apply for a Work Permit for you. However you give your age as 20 and I am wondering just what sort of skill you could possibly have that is in short supply in the UK and the rest of the EEA. That is, in order to get a WP to employ you the employer would need to be able to show that there is no one in the EEA who is able to do that particular work who does not need a WP. Difficult!

    Or a student visa? Are you wanting to study? If so be aware that the cost of studying would be high ... more than £10000 per year for some courses ... and in any case you would need to return to Bangkok in order to apply for your student visa.

    In short ..... as already said by others ... this is not looking good!
    John

  7. #7
    Forum Regular สมาชิกประจำ
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    What family do you have here?

  8. #8
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    John O'N,
    I can see where you may be going with your question, but I don't think it will work.

    If one or both of her parents are UK residents she cannot apply as a child because she is over 18.

    In order to get a family visa she would need to show that the family member resident in the UK is her one and only means of support.

    Jess,
    Whatever visa you decide to apply for you cannot do so in the UK. You will have to return to Thailand and apply there.

    You should do this before your current visa expires; being an overstayer will only complicate the situation even more.

    As I said earlier, the only way, other than a reconciliation, you could apply in the UK is if you have been the victim of domestic abuse and/or violence and have the evidence, as outlined by Roly, to show this.

    Sorry.

  9. #9
    Member สมาชิก
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    Thanks for all the replies

    It looks like i am going to have to return to Thailand before my visa expires as reconciliation is not going to happen, given the current situation and that i will have married and divorced will this have any implications on my future applications and if so what sort of timescales will i be looking at.

    Jess

  10. #10
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    I'm sorry, but that is an impossible question to answer without knowing the entire story, (Which I am not suggesting you post here!)

    You will need to explain the whole story to the ECO when you next apply as they will want to know why you have left your husband and found another partner less than a year after being granted a visa to live with your husband in the UK.

    I am not suggesting that you don't have genuine reasons for this, but, IMHO, the ECO will want to know those reasons before granting you another visa based upon a relationship with a UK resident.

  11. #11
    Member สมาชิก
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    if the marriage is now broken and can not be repaired before the visa expires as you say therefore your settlement visa as spouse of a british national present and settled in the uk is also broken i am sorry to say.
    only thing i would suggest is that you could get in touch with either the immigration section at croyden for advise or seek profesional advise from a uk immigration lawyer on your case. the last option may become expensive for you given that you have low and limited funds available.
    explore these two options first but i am almost sure they will advise you the same as the other people who have commented on this forum that you will have to return to thailand to fulfill this settlement visa requirements.
    kind regards

  12. #12
    Member สมาชิก
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    If you return to Thailand prior to expiring of the visam this will be seen as complying with the regulation. The fact that a marriage broke is not a problem when you followed the rules and show you're intentions were sincere.

    If you overstay however they will claim that your intentions may not have been the marriage but just wanting to go to the UK in the first place.

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