Visa for my wife??

[Burger]

miked wrote:

need some help please.
my wife( thai) has a u.k. residence visa. we left England in febuary and have lived in Thailand since then. i have a 1 year multiple entry visa.
2 questions.
will immigration in England allow my wife entry on the basis of her residence visa.?? we only intend to stay for 2 weeks
question 2, my thai visa runs out in january. will the Hull embassy cancel this and grant me a new one year multiple visa from november.??
very grateful for any info.
thanks
mike

Mike, my missus had the 'indefinate leave to remain' visa in the UK then we moved out here. I tried to find out the rules, but was basically told that if over a two year period she did not stay in the UK for more than 180 days in each year that she may lose this visa status.
They couldn't give me a definitive answer and said it's basically up to the discretion of the immigration officer when you land at the airport.

Anyways we've lived here 3 years, she's never met the 180 day thingy but they always let her in on her 'indefinate leave to remain' visa, ie: not applying for a visa.

While your back in the UK, surely it makes sense to get a new 1 year non-imm 'O'.

Burger

[miked]

the visa that i have is a non-immigrant visa, mutiple entry. this i obtained at the hull embassy. i assumed that i can renew this with them when i am back in England.
my wife has a residence permit for an indefinite stay for the purpose of settlement. now its the settlement bit that causes me concern. at heathrow i can say that we have been on a 9 month holiday and are returning to stay. not a problem but then if he wants to see our ticket thats a return for 2 weeks time. i want to be straight with them about this.
also we want to return once a year to the u.k. to visit my family. we may get away with it this year, but what happens next year.
not a chance of me having a go at heathrow. these people can if they wish refuse my wife entry. you cannot win.
all that i want to do is for us to visit my parents, both in there 80s. stay 2 weeks and get the hell out of England. if not for my parents i have no wish ever to set foot in England ever again. My country has been taken away from me. those of you who have experienced the last 10 years in England understand what i am saying. once again thanks for all you help.
i think i owe a few beers.
mike

[dtaai-maai]

Okay, all is a bit clearer. You won't have any problems with your wife when you go back to the UK. Possibly at some future date, but not now. Chances are 99.9% she won't get asked anything beyond "How are you?". If she does, she's still within the Immigration Rules for now. I'd still be inclined not to mention that you're coming back here after 2 weeks, but I really don't think the subject will arise.

Some time in the next year or so you'll need to get some proper advice on her long term status if you're going to be spending most of your time in Thailand. It would also be well worth your while to find out if/when she qualifies for British citizenship - with both passports tucked away in her back pocket all her problems will be over.

As far as you are concerned, you don't have a tourist visa, you have a non-immigrant Visa (presumably O). As I said before I can't tell you much about the Thai set-up, but I suspect you might need a re-entry permit if you want to stay on the same type of visa. If you don't get any better advice in the meantime, I'd have a word with the immigration people in Soi 102, they're actually quite helpful sometimes!

[Big Boy]

lomuamart wrote:

In fact I had a go at a specimen questionnaire a little while ago and failed dismally.
Dunno what that means, but it must mean something?

I've tried a couple of times without too much success as well (did somebody say something about intelligence a couple of weeks ago? ).

caller wrote:

you'll be surprised at how many of those rural ladies from Issan pass the test! My wife hasn't yet been here 12 months and she's already studying EFL at intermediate level, she was close to first certificate level and will be in a few months. Once she has finished her current course, she will prepare to take the life in the UK test.

I take my hat off to your wife , and any others that you know who are getting on top of this ridiculous test. I do not know anybody who has passed the test yet, but know many who have failed. However, as with your wife, I do know a couple who are really working hard at it, and will probably succeed eventually - it is hard work, and very time consuming.

caller also wrote:

I'm also confused as to how your wife can apply for a visitors visa when she already has whatever she has that allows her to reside in the UK!

This is the precisely the 'official line' given to me by the UK Immigration Service after my daughter had decided she was going to return to live in Thailand.

One final bit of advice Mike, when you both arrive back in the UK you will normally be routed to different desks (unless you're one of those that goes through the wrong route delaying all of the other non-UK Passport Holders to hold your wife's hand). Therefore, nobody will be asking you where you have been for the last 9 months. Just make sure your wife knows where to say she's been for the last 9 months eg nursing a sick relative etc.

[nevets]

If she has the , indefinate leave to remain visa she can stay out of the country for up to 2 years , but must return within 2 years or it is cancaled and she has to start again. This is on the forms that she will have had from the home office.

[Wanderlust]

One final bit of advice Mike, when you both arrive back in the UK you will normally be routed to different desks (unless you're one of those that goes through the wrong route delaying all of the other non-UK Passport Holders to hold your wife's hand). Therefore, nobody will be asking you where you have been for the last 9 months. Just make sure your wife knows where to say she's been for the last 9 months eg nursing a sick relative etc.

I may have misunderstood you here BB, but as far as I am aware whenever you arrive in any country, those travelling together are supposed to go through the same immigration/passport desk together. I would actually think in most instances of a Thai passport holder arriving with a UK passport holder it would be easier for them to go through the UK/EU passports line with them, as well as being quicker and less questions asked. I actually asked when we arrived (my Thai wife, myself and baby) at Heathrow a couple of weeks ago and was told we should all go through the UK line together.

[Big Boy]

Maybe I've missed a trick somewhere along the line Wanderlust. I've always done what the signs have said - me in the UK/EEC line, my wife in the other line. Not been a problem for a lot of years now since my wife got her UK passport.

What I do know is that when my wife came over for the first time, the immigration guy would not tolerate me anywhere near him or my wife (then fiance)- I just hovered as close as I could (within earshot). It turned out to be a full blown interview. Things do seem to have got easier these days.

[Burger]

Wanderlust is right, when ever we've gone back to Heathrow, she comes with me through the UK line, which last time wasn't a desk set up swiping your passport but just an Indian guy looking at the picture and her 'indefinate leave to remain', no questions asked.

I think the other desks have staff whose 'mind-set' is to look for issues.

Burger

PS: Thank you Wanderlust for persuading Lev and Buski to un-ban me, very appreciated

[miked]

just to update on what has happened so far.
checked on the website and you can be absent from England for up to 2 years and entry will be allowed providing that you are returning for settlement. what causes me concern is if they ask to see your ticket. it may be the answer to book my wife a one way ticket and then buy a one way in England. works out expensive though.
another option they now do according to the website a 10 year mutiple entry visa, 6 month max stay.
once again thanks to all for your help on this its really appreciated.
mike

[Big Boy]

Burger wrote:

Wanderlust is right, when ever we've gone back to Heathrow, she comes with me through the UK line, which last time wasn't a desk set up swiping your passport but just an Indian guy looking at the picture and her 'indefinate leave to remain', no questions asked.

I don't know if our timing was bad. but when we returned to the UK 12 days ago the UK line was huge, and the 'others' line was minimal. I remember getting to the 'You can expect to wait 30 minutes from this point' notice and thinking what an end to a great holiday. The guys on the UK desks (and there were 6 of them) were checking everything. I've never known anything like it returning to the UK.

Probably just my luck that they were having a 'Jobsworth' day, just like the Thai immigration insisting on boarding cards when I arrived in Thailand

[Wanderlust]

BB,
Very likely you arrived back at the same time as a load of European flights, so yes, lousy timing; however, you could probably have gone through the non-EU/UK passports with your wife instead - the best of both worlds! I think the essential thing is that anyone travelling together get stamped through together, regardless of which line it is.

[lomuamart]

When we were back last year, I had been led to believe that the two of us would be split up at Imm.
However, I went through the non-UK/EC section with her. Although I was anticipating a long queue wait, we were clear in 5 mins - just arrived at the right time.
I never knew that my wife could go through the UK/EC line. Although she was on a Visitor's Visa, not ILR.

[Burger]

When we arrive here, my wife (legal, same surname etc) takes me with her through the Thai desks.
They never bat an eye lid.

Burger

[Nereus]

They never bat an eye lid.
Burger

They have probably seen some of your posts on here mate, and are not game to open their mouths!