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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6392
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi i am making a enquiry about my wife who is of thai nationality.

Customer Question

hi i am making a enquiry about my wife who is of thai nationality. my wife has came to england on a tourist visa this is her 6th visit since we were married 5 years ago. we were married in thailand and registered the marriage with the british embassy . since getting married we have had 2 children vincent 4 years old who has just started school and patricia who is 1 today . both children have british passports and thai pasports. iam a a british national . the 6 months visa runs out on 6th oct 2010 and i she will have to return to bangkok to get a settlement visa which could take up to 12 weks according to the british embassy web site . she is booked to fly out on saturday which leaves me her with the children here in england . i was hoping to find out if there was anyway of her extending her visa so she would not have to travel . please could you help any advice would be most apprciated
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

 

I assume she is on a 6 months visitors visa?

 

Why did she simply not apply for a spouses visa in the first place?

 

Tom

Customer: replied 3 years ago.
on march 16th of march we were awoken at 3am in the morning to find the downstairs of our house on fire. i had to jump out of the 2nd floor window and my wife then had to throw the children down to me . she then jumped herself . after running from the building i collapsed and was taken to hospital . i had broken both my ankles and spent the following week in hospital . the fire was caused by a electrical fault and i was in no mood to be staying in thailand and wanted out as soon as possible . the fastest way was to get a tourist visa for my wife . i was in a wheelchair and needed help on the plane etc .i assumed that as we had been married for over 5 years and had children with british nationality i would be able to get the visa here as you can imagine i was in a rush . bangkok in a wheelchair wasn't much fun . it took me 3 1/2 months to get back on my feet in england so have been unable to work . i am not claiming any benefits etc as we sold our buisness in thailand and have been living of those funds . this will be the first time the children will be without thier mother which i am not looking forward to . i know this sounds like a sob story but it is all true . i am 35 and was hoping to get back to work as soon as possible without having to rely on the state
Expert:  Thomas replied 3 years ago.

That sounds awful. You have my sympathies.


There's just a couple of elements which I need to check. I am not in a position to do so right now, may I get back to you in one hour?


Kind regards,

 

Tom

Customer: replied 3 years ago.

yes much appreciated

 

nathan

Expert:  Thomas replied 3 years ago.

Hi Nathan,


It's not fantastic news I'm afraid.

 

She cannot extend her visitor's visa here.

 

She could only apply for settlement here (rather than from back in Thailand) if there are exceptional circumstances which warrant the UKBA exercising their discretion and allowing the application. These exceptional circumstances would be something of the order that she was required here to look after you and the children because you were receiving serious medical treatment.

 

I note that you state it has taken you time to get back on your feet so I assume that you taking care of your children is not a physical impossibility (although plainly not a best case scenario because of your wife's potential absence).This would probably not in the view of the UKBA fulfill the criteria of exceptional circumstances. You would have to produce detailed medical evidence supporting your claim that you are physically impeded from caring for your children to such an extent that your wife is required to stay.

 

If you made an application on this basis then your wife will be permitted to stay until the reach a decision, but if your claim is not well supported by evidence (and you do not have much time to gather that evidence) then it will be a quick decision for them and you will have spent money on the application only to be told that she must return to Thailand.

 

I would advise you to see an immigration solicitor in your area to pre-prepare your wife's application from Thailand. If the application is well prepared then you can make it easier for the UKBA to reach a decision and this may (may) result them making a decision quicker. As you and your wife have been married for 4 years she can apply from Thailand for indefinite leave to remain straight away and make sure you ask the solicitor that.

 

I know this is not what you want to hear but unless those exceptional circumstances described above apply and you can adequately prove them by documentary evidence in your application (which you would have to submit before your wife's visa expires) a return to Thailand is the only option.

 

Sorry it could not be better news.


If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 

Tom

Thomas, Solicitor
Satisfied Customers: 6392
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

cheers XXXXX XXXXX suspected as much but had to make sure .

 

thanks for your time.

 

nathan

Expert:  Thomas replied 3 years ago.
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