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Visa overstay

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murphisto20
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Joined: Wed Sep 28, 2016 7:55 am

Visa overstay

Post by murphisto20 » Wed Sep 28, 2016 8:18 am

Hello, I am a British national. My wife is Thai and we have two children with British birth certificates and passports. She is on a 6 month family visitor visa which expires this month. I am now working, earning over the £18,600 necessary to keep her here. If she returns to Thailand I will have to stop working to look after the children. She has to stay in the U.K. What are the possible repercussions or options that I have

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Casa
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Re: Visa overstay

Post by Casa » Wed Sep 28, 2016 8:34 am

A very long and bumpy road to settlement with no guarantee of success. The HO are taking a tougher stance on anyone who has entered as a visitor and then decides they don't want to leave.

Be aware that your wife has no access to NHS treatment, including GP visits. Any unpaid NHS bills will result in a refusal of future visa applications.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Highly_Skilled
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Joined: Tue May 01, 2012 8:37 pm

Re: Visa overstay

Post by Highly_Skilled » Wed Sep 28, 2016 6:01 pm

murphisto20 wrote:Hello, I am a British national. My wife is Thai and we have two children with British birth certificates and passports. She is on a 6 month family visitor visa which expires this month. I am now working, earning over the £18,600 necessary to keep her here. If she returns to Thailand I will have to stop working to look after the children. She has to stay in the U.K. What are the possible repercussions or options that I have
Your partner will have to leave the UK given the conditions of her Visitors visa. She is not allowed to switch into another immigration category whilst in the UK.

You will have to enlist family members or a child minder to look after your children whilst your partner is outside the UK.

If she chooses to remain in the UK, she will not be allowed to switch into another category and runs the risk of being deported as an Overstayer. If she is removed from the UK, this will incur a 10 year ban.

It is much easier for her to temporarily leave the UK and re-enter under the appropriate immigration category.

KatieWills
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Wales

Re: Visa overstay

Post by KatieWills » Wed Sep 28, 2016 8:55 pm

Is it not possible for you to take some leave from work? Maybe return to Thailand as a family to make your wife's application?

From personal experience I would advise against her overstaying. My hubby overstayed and we got the 5am wake up from UKVI officers, he was subsequently detained and had to leave the UK anyway.
Be humble for you are made of earth, be noble for you are made of stars.

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Visa overstay

Post by vinny » Wed Sep 28, 2016 11:23 pm

You should look at other options, for you to continue to work and for your wife to return home to apply for her spouse visa.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Petaltop
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Re: Visa overstay

Post by Petaltop » Thu Sep 29, 2016 12:35 pm

murphisto20 wrote:Hello, I am a British national. My wife is Thai and we have two children with British birth certificates and passports. She is on a 6 month family visitor visa which expires this month. I am now working, earning over the £18,600 necessary to keep her here. If she returns to Thailand I will have to stop working to look after the children. She has to stay in the U.K. What are the possible repercussions or options that I have

Are you serious? Why would you want to do that to your wife?

Either your wife takes her children with her, back to visit their relatives while she applies for her spouse visa.
Or you get a childminder for them, either family of pay for one.
https://www.gov.uk/find-registered-childminder

Wanderer
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Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: Visa overstay

Post by Wanderer » Thu Sep 29, 2016 2:57 pm

murphisto20 wrote:Hello, I am a British national. My wife is Thai and we have two children with British birth certificates and passports. She is on a 6 month family visitor visa which expires this month. I am now working, earning over the £18,600 necessary to keep her here. If she returns to Thailand I will have to stop working to look after the children. She has to stay in the U.K. What are the possible repercussions or options that I have
Very irresponsible, opens the door to world of pain, don't even consider it.
An chéad stad eile Stáisiún Uí Chonghaile....

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