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?
Province/Country relating to question : uk/china
HiThanks 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
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 ?
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
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?
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
BA (Hons), PgDip, Practising Solicitor
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