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Thread: No visa/working

  1. #1
    Rookie มือใหม่
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    Default No visa/working

    Hello.

    There is a lot of back story to this post but this is my current thinking and I'd just like some advice on the legal implications and not the ethical implications please.

    My wife currently has a job. If her visa were to expire and not be renewed at what point would somebody somewhere realise and either stop her working or something? Would they contact her to tell her. What happens if you dont renew a Visa?

  2. #2

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    You haven't mentioned which type of visa your if has, (Presumably she is here on a settlement visa or FLR?) but whichever it is, I don't suppose it matters.

    When her visa expires, the company she works for would be liable to big fines for continuing to employ her. £10,000 per employee, I think. Your wife would also be in breech of immigration laws and will be sent home, when she is caught.

    It's also not what might happen immediately but what would happen further down the line. If you allow her current visa to lapse without a new visa, I doubt she would be allowed back into the UK for quite some time after she goes home to Thailand.

    If she is on ILR for her next visa, or even FLR, you have already made quite a big investment towards your wife staying here in the UK.

  3. #3
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    Thanks for the reply.
    That's kind ofnehat I was hoping would happen but i was just checking to make sure it isn't something that would happen immediately.
    She is currently here on a settlement visa, the first one.
    She's not worth the investment of a second visa, I dont really care if she's never allowed back into the UK again but, for financial reasons, it would be handy for her to stay and work until February whilst her Visa runs out 5 months before that.

  4. #4
    Veteran ผู้มีประสบการณ์ toddmeister's Avatar
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    Your wife is "not worth the investment" yet it would be "handy" (for you) to have her working until she's kicked out? This is a windup thread right?

  5. #5
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    Nope, not at all.

    We made some joint financial decisions on the premise that we were happily married and would be together for years.

    Unfortunately, her idea of being faithful and my idea of being faithful are not the same. Thus I don't really care what happens to her. However I don't want to be left paying off the debts on my own so I'd rather her stick around for a few months to get it sorted before 'getting rid'.

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    Veteran ผู้มีประสบการณ์ toddmeister's Avatar
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    Well I would be very careful. Is she aware you intend her to go back home? If yes, is she willing to return "quietly?" If she intends to stay here, if it's in her best interests, it wouldn't take too much to make things very difficult for you. There's plenty of information out there on Thai ladies forums/Facebook groups that will give her ideas. A few allies and a good story e.g. trying for ILR based on domestic violence? Desperate people do desperate things. I don't know anyone personally with experience of such things but my wife has certainly spoke about acquaintances of hers who have said they would easily use such tactics if their husbands ever left them, cheated on them etc. Also of the few thai/farang couples who we know whom have separated, for whatever reason, not one of the wives has returned home to Thailand. Even though they are no longer living with their husband. I'm just saying in reality it may not be so easy as just "getting rid" when the time comes

  7. #7
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    Been there done that. She accused me of domestic violence previously. I have proof she was lying as I took video for just such an occasion and the video shows her attacking me, apparently to stop me taking video.

    Just last night the conversation came up that she has done this and that and that I probably still have the video to use against her, damn right I do. I have spent months building up a database of evidence against her if there is foul play.

    Honestly, I dont think she'll go back. If she cant a visa legally I think she'll take to the cash in hand off grid thing so she can stay here and send money back home.
    Unfortunately, I love her. She doesnt love me. At the moment we are 'working on things', so she thinks I'm trying my best to fix things etc etc. I need to change because of this, that and the other. I'm happy to lose some battles because, ultimately, I will win the war. I just need to get through until February. I've read that it takes months to get the next Visa approved so I think I can get away without even applying for it. It's not my Visa, it's hers. She's a grown adult, it's no longer my responsibility. I'm going to stay living by the mai pen rai attitude and ignoring anything that seems difficult to achieve.

  8. #8

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    FLR took just over 4 weeks, back in May. Things have speeded up.

  9. #9
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    Thanks. Not what i was hoping for but oh well.

    It's a game of cat and mouse.

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    Premium Member Gary & Nok's Avatar
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    It's not only about the visa, you are married.

    So her not getting her visa and you wanting rid of her there is inevitability a split on the way which could result in a divorce, which of course has further implications.
    So you might see it preferable to keep her here until February to help pay off this debt but in the long run you might end up paying more than that depending on what she is able to take from you in a divorce settlement.
    I'm ONE of the 52%

  11. #11
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    Good point!

    When it's time for her to leave then she'll make some bad choices if she follows her previous path. I'm hoping to divorce in Thailand because 'it's quicker and cheaper.' Thereby avoiding all the rubbish about having to give assets etc.
    She tries to take too much from me she's screwing the kids over more than me as they might lose their house. She tries to play hard ball then she knows I have stuff on her to make it difficult for her to either remain in the UK or see the kids.

    I dont want to use any of that, I want it to be as amicable as possible (haha, read that as she slopes off quietly), but I'm not going to lose my house or my children.

  12. #12
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    Quote Originally Posted by JenkinsBob View Post
    ... She tries to take too much from me she's screwing the kids over more than me as they might lose their house. She tries to play hard ball then she knows I have stuff on her to make it difficult for her to either remain in the UK or see the kids.

    I dont want to use any of that, I want it to be as amicable as possible (haha, read that as she slopes off quietly), but I'm not going to lose my house or my children.
    I am not going to comment on the visa or relationship issues, but, if the children you mention above are born to you and this lady then you may be best advised to see a family law solicitor now (or visit a law centre) for some preliminary advice re the above.

    A few points to keep in mind:

    - if she goes back to Thailand, what is stopping her from taking the children with her?;
    - if she does leave you, and takes the children to Thailand with her there is nothing stopping her making a claim in the British courts for child support for your children in Thailand;
    - if she decides to leave you and remain in the UK and chooses to go down the domestic violence short-cut to ILR, that evidence could be used against you when the issue of contact/residence comes up with respect to the children;
    - if she get's the children in any residency order you will be required to pay child support and could find she claims part of the matrimonial home - it is even possible a court could order you out for her and the children to occupy.

    So, you might find yourself in jeopardy from a legal standpoint. Getting some advice now, might help clear your thoughts and establish a route for protecting your children and your assets. This could all turn very sour very quickly.
    Tobias - โทเบียส

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    Hi Tobias,

    Thanks for your input.

    The domestic violence claim she made against me was only verbal to me and her friend as I acted in self defence to get her off of me and her violence. I reported her to the police, made a statement and have had my (minor) injuries recorded.

    I always thought that you needed a letter from the non-flyong parent if you tried to travel alone with a child? Either way she wont get far as the children's passports are not in the house that we live in. She only has access to her passport and, if she can find it, my passport.

    I have already seen a family lawyer regarding the different routes I could take. Be that before she leaves or if she leaves and takes the children.

    I've already started the process of ensuring that the schools keep all documentation of who signs paperwork, visits for parents evening, takes the children to school etc.

    Whilst I'm not being complacent in have covered my back regarding the children and the steps I have to take to initially keep them should she try to fight me for them. I also have voice recordings of her admitting she would lie in court to get a house.

    I'm trying to get everything in order before we have 'that argument' where she says that if I dont trust her she'll leave and I agree she should.

    Life is currently hard work keeping a smiley face on everything but I'll keep plugging away.

  14. #14
    Premium Member -Keith-'s Avatar
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    This thread has left a very nasty taste in my mouth.
    If you're offended by any assistance I give, it says far more about you than it does me.

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    Premium Member Fruit Machine's Avatar
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    I'm no voyeur but you'd need to be a fly on the wall in order to be able to make fair judgement, but that's not what the OP is asking he wants legal advice, so frustrating as it is to me to read what appears to be an impasse, we have to put the plight of the children to one side; but of course if he wants advice on other aspects he is free to ask.

  16. #16
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    At least it's only the thread. The whole situation, how it has developed, has left a bad taste in my mouth and probably will forever as I know the impact it will have on my children.

    I'm not going to give the details as to why and when but the children are better off with me. That's not arrogance, it's fact.

    -Meant to quote Keith's message -
    Last edited by JenkinsBob; 7th Aug 2019 at 14:46. Reason: Quoted incorrectly

  17. #17
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    It is your opinion. Far better to let a court decide.
    If you're offended by any assistance I give, it says far more about you than it does me.

  18. #18
    Premium Member Gary & Nok's Avatar
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    Quote Originally Posted by -Keith- View Post
    Far better to let a court decide.
    Can not disagree with you more.
    The kids should decide where and who they want to be with.
    I'm ONE of the 52%

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    Quote Originally Posted by Gary & Nok View Post
    Can not disagree with you more.
    The kids should decide where and who they want to be with.
    That depends on the age and the propaganda they have been subjected to
    Human beings are seventy percent water, and with some the rest is collagen

  20. #20
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    Quite happy if, in the future, she gets her act together and is able to get a proper job and a proper place to stay like an adult.
    At this point continuity is key for them as the upheaval of their mother leaving would be amplified if they had to leave their school and friends and my extended family.

    We don't subject them to propaganda. We dont please each other off to them, in fact quite the opposite. If you asked them they wouldn't even know anything is up.

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