How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6514
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

i am auk citizen married to a chinese lady who was granted

Resolved Question:

i am auk citizen married to a chinese lady who was granted a spouse visa on 11thmay2012 she at this moment remains in china due to family problems ; i am in the uk making arrangments for her arrival.is there a time limitation on how much longer she can stay in china?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your question.

This should not be a problem. If she has been granted two years leave to remain after you applied for a spouse visa then she is able to come here at any time during the course of that visa. However, practically were she attempt to come within the final year to six months of the leave to remain then she would face detailed questioning when she attempting to do so.
Provided she stays for only a few more months then she should face no problems coming to the UK. The most I would anticipate (not that I would expect it though) is to be asked why she has left it this long. Provided she can explain what has happened and you are present at the airport when she is arriving she will be fine. However, as a precaution I would advise carrying some documentary evidence confirming the family problems if they are able to be confirmed in documentary form (eg. Doctor’s note).

A corollary to this is that she will arrive in the UK later then expect for the purpose of applying for Indefinite Leave to Remain at the end of her visa. She can apply for ILR after two years (although it will be five years under the new rules, but if you have obtained the visa already then this shouldn’t apply to her). The start of her two year period will be when she physically arrives in the UK. If her leave to remain expires before she reaches her two year period as a result of this delay then she may have to apply to extend her visa first and then apply for ILR, rather than apply for ILR without extending as she would have been able to do if her plans had not been interrupted.

I have to go offline for twenty mins now, if you have further questions I will answer then.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 2 years ago.
we wereled to believe that if she came to the uk later than 90 days after the date of her visa issue then entry may be declined and we would need to staer the whole visa application processall over again ?
Expert:  Thomas replied 2 years ago.
Hi,

No, she should still be fine. This is a guide. Beyond 90 days then the UKBA are permitted to ask questions of her and why she is coming later. They retain a discretionary power to permit entry or to refuse entry.

Provided your wife can explain and substantiate her later-than-expected travel then this will be accepted by the UKBA and she will be permitted entry. This is why is is helpful to have documentary evidence in hand when she travels to convince absolutely the UKBA official of her reasons for late travel. If she can do this she will be fine. The UKBA officials are people, they understand that the best laid plans can change due to unforeseen circumstances and provided they believe what they are told act accordingly.

Trust this clarifies, please remember to rate my answer.

Kind regards,

Tom
Customer: replied 2 years ago.
graham12 thank you one last query;having arrived in the uk is she /we alllowed to travel backwards and forwards to china as often as we wish or ddoes she have to remain in uk for aset period within any one year?
Expert:  Thomas replied 2 years ago.
Hi,

She can leave/enter as freely as she likes but if she leaves for extended periods (ie. 90 days or more) then she may face gentle questioning to confirm the reasons why and to substantiate that you remain in a married relationship.

However, the caveat to this is the effect the absences may have on her eligibility to apply for ILR at the end of the two years. In order to apply for ILR you have to show through your behaviour that you are permanently settled in the UK. The UKBA have removed the strict time limits in this regard, but it's actually not very helpful to practitioners because they judge on a case by case basis and have flexibility. I advise clients not to spend any more than 40 days outside the UK in any 12 month period. Time spent on demand by your employer is discounted with regularity thouh.

Please remember to rate my answer.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6514
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience