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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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I am married in the UK and wish to remained married, but I

Customer Question

I am married in the UK and wish to remained married, but I would like to bring my thai wife to the UK. For 6 months of the year, every year
Submitted: 8 months ago.
Category: UK Immigration Law
Expert:  Howard replied 8 months ago.
I presume you mean that you are married to your Thai wife only and that you want her to spend up to six months of each year with you in the UK. I have also presumed that you are a British Citizen. Let me know if this is not the case.

You have two options and the first of the following options is likely to be the better way to proceed:

1. Spouse Visa.
You will need to meet a financial requirement and your wife will be able to spend as long as she wants in the UK every year and not be limited to six months. After 5 years she should be able to apply for Indefinite Leave to Remain regardless of not having spent ALL of the time in the UK, although it is the case that the more time spent in the UK then the greater the chance of the marriage being seen as subsisting for the period. An extension would be required just before 3 years from the initial visa being granted. Your wife would also need to pass an English language test. Full details can be found here:

http://www.bia.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/

2. Visit visa.
Your wife could apply for a visit visa BUT these are intended for short-term visits and also not intended for regular visits, so this option is less than ideal and there is also a strong chance of refusal of the initial application or subsequent applications. Further information can be found here:

http://www.bia.homeoffice.gov.uk/visas-immigration/visiting/family/requirements/
Customer: replied 8 months ago.

Sorry let me explain some more details


 


I am UK citizen and I am married legally in the UK, to another UK citizen


 


I have no intention to get divorced.


 


However I have been having a relationship with a Thai lady for over 2 years.


 


I would like to bring her here for 6 months of the year, EVERY YEAR to visit me in the UK.


 


However I am not sure how this can be achieved as she is legally not married to me, yet we share a long term relationship.


 


I rent my own house, I have a spare room which is not being used.


 


Alternatively I could rent an apartment for her and am willing to help her financially.


 


I earn £25,000 a year.




This describes the situation some what better.



Thank you

Expert:  Howard replied 8 months ago.
Thank you for the additional information.

Obviously a Spouse visa is not suitable and a visit visa would be the only option.

You can sponsor her in terms of showing financial and accommodation support and explaining the purpose of the visit. I would not tend to mention that you are married although it might not be of consequence.

The biggest single reason for refusal of visit visas for Thai nationals is not showing sufficient ties to Thailand to convince the caseworker that the individual intends to return home after the trip. Suitable evidence should include documents proving employment and family ties. If she is able to travel for up to 6 months each year then it is unlikely that she will be able to show strong ties to convince a caseworker that she is unlikely to remain in the UK instead of returning home and even if a visa was obtained initially I would expect further visas to be difficult at best.

I do not think there is a strong chance of getting a visa based on the information supplied.
Customer: replied 8 months ago.

The information you have provided is on the Visa website which I could get for free.


 


 


What I am looking for a is a solution to this problem.


 


For example legal ways I could bring her here, let me give you an example I was advised from a friend of mine if she was employed as a nanny to look after my children or someone in my family then she could be employed as a skilled worker.



Please advise thanks

Expert:  Howard replied 8 months ago.
Anything I tell you be based in immigration law and you could therefore say it is on the Home Office website.

Your friend is wrong about her working as a nanny - outdated advice and entirely incorrect. There is no simple solution to your problem. Whilst it might not be what you want to hear it is nonetheless a correct answer to your question.
Customer: replied 8 months ago.

I respect your comment


 


 


What about coming as a student or for work ?


 


Is there no alternatives ideas you can suggest ?

Expert:  Howard replied 8 months ago.
In order to come to the UK as a student the course would need to be at a suitable level and she would need to meet the requirements for a student visa. She would not be coming to the UK for up to 6 months every year as a student.

The same applies to a work visa - it would need to be for a job at a suitable level and the employer would need to be registered with the Home Office. Jobs would generally need to be for at least 6 months and the types of roles that can be sponsored are limited, so again, this is not an option to enable up to 6 months in the UK each year.

Your initial question was for a visa that would allow up to 6 months every year in the UK and there is no visa that would enable this on a long term basis while you are already married.

Sorry, but there is nothing in the rules to enable your situation and desired outcome and there is no particular way around the rules to enable the outcome you are hoping for.

Visit visas are the closest you will get but will be difficult to obtain and unlikely to be a suitable long term solution. If there were alternatives that would achieve your goal then I really would suggest them immediately but there are not.
Customer: replied 8 months ago.

From what I understand the a student visa would allow the student to work part time and also study whilst remaing in the UK for the duration of the course.


 


After study would she be allowed remain in the UK for a period of time so she could apply for a job in the UK ?

Expert:  Howard replied 8 months ago.
The student visa would be approved for a period of time that should be sufficient to complete studies. If she studied for a PhD then she could stay in the UK for a year after successfully completing studies with the right to work. For any other qualification her visa would usually have an expiry date shortly after completion of the course. She would need to obtain sponsorship from a UK employer before her visa expired in order to remain in the UK. She could work part time during term time and full time during non term time.
Customer: replied 8 months ago.

What about a Masters ?

Expert:  Howard replied 8 months ago.
Only a PhD provides the right to work for a year after studies. All other qualifications have visas for the period required for study, usually with a bit on the end giving sufficient time to get the qualification.
Customer: replied 8 months ago.

In Thailand there is a lot of tourism and there are hotels who require workers for only 6 months to cover High Season.


 


If she was employed by the hotel and could show that was only needed for 6 months of the year but still needed by the employer for the next year.


 


Would this be acceptable


 


You mentioned showing strong family connections to her homeland, what type of evidence should give to show this point ie family photos ?

Expert:  Howard replied 8 months ago.
There is no guarantee that such employment would be of benefit to the application. It will come down to a caseworker's view of the overall strength of the application rather than one area in isolation. Visits are usually expected to be for relatively short periods. Having a letter from an employer to confirm when she is expected to be back at work would certainly help although it should be expected that she could also show payslips to confirm that this was her current employer. If it is a new job with an expected start date then it would still be helpful but obviously not as strong as someone coming here for a couple of weeks in line with their usual annual leave from permanent employment.

Family ties would usually mean a spouse or children, although it can also mean other people who are dependant on her.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and other UK Immigration Law Specialists are ready to help you
Customer: replied 8 months ago.

Thank you for your help


 


I have asked you a lot of questions but understanding my situation you can see why.

Expert:  Howard replied 8 months ago.
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