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Confusion about Spouse visa leaving the country

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Net_Guy
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Confusion about Spouse visa leaving the country

Post by Net_Guy » Sun Nov 22, 2015 8:51 pm

Hello Everybody

I am basically confused at the advise i have been given. One side tells me i can and the other side tells me i can not. So before i go any further i will explain some background information about me:

I will be getting married to a Thai lady in Bangkok this december. I would love for her to come to England and visit my family and then we RETURN TOGETHER in September 2016. I will be staying in Thailand with her for 1 year or maybe 2 years. I will be teaching English to make some income. I have tried a Visit Visa but failed twice and was now thinking of getting a spouse visa.

A spouse visa is so much more expensive but i am willing to pay for it IF this spouse visa lets her in and out of the UK for 2.5 years? For example, we go back together in September 2016 and i teach for a year there but i decide i want to take a month holiday back in England to see family.

Can she just book a plane ticket and travel back with me? I am asking this because some people say yes but some people say no, she can only leave the UK for no more than 90days.

If it is a no then i believe it is a waste of time to apply for a spouse visa as we will be staying in Thailand together for a year or two.

Any help would be grateful. Thank You

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CR001
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Re: Confusion about Spouse visa leaving the country

Post by CR001 » Sun Nov 22, 2015 9:38 pm

A spouse visa should not be used as a visitor visa. The whole point is to live in the UK to qualify for settlement after 5 years which she won't if she is not resident.

You need to meet the income requirement of £18,600pa for each application she makes (initial, extension and ILR) and she has to provide documentary evidence of cohabitation and English A1 language.

Absence of 6 months or more have to be declared when applying for indefinite leave to remain after 5 years on a spouse visa. There is no '90 day limit' rule but absence should be limited and for good reason.

On top of the expensive visa fee, she will also have to pay the immigration health surcharge of £600.

The rules are becoming tougher. The advice above is as the rules stand now. Visa fees increase every year in April.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Net_Guy
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Joined: Sun Nov 22, 2015 8:26 pm

Re: Confusion about Spouse visa leaving the country

Post by Net_Guy » Mon Nov 23, 2015 9:26 am

So what you are saying she can leave the UK with me and return after a year and a half, hassle free at the airpory but we only need to explain why she left for 2 years if we plan on extending the visa? Also is a reason of the husband having work abroad good enough for her to leave the UK for a long period of time?

And i understand all the costs and i do meet all requirements for a spouse visa but i am confused at should i get a visit visa or a spouse visa considering that i intend to live abroad for a year with her in her homeland thailand

Wanderer
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Re: Confusion about Spouse visa leaving the country

Post by Wanderer » Mon Nov 23, 2015 9:43 am

Net_Guy wrote:So what you are saying she can leave the UK with me and return after a year and a half, hassle free at the airpory but we only need to explain why she left for 2 years if we plan on extending the visa? Also is a reason of the husband having work abroad good enough for her to leave the UK for a long period of time?

And i understand all the costs and i do meet all requirements for a spouse visa but i am confused at should i get a visit visa or a spouse visa considering that i intend to live abroad for a year with her in her homeland thailand
After such a long absence would most likely be cancelled on re-entry, as Casa said, it's residency visa not a visit visa.

Husband working abroad is not a consideration for UKVI, they are look at the terms of the visa and whether they've been adhered to, that's all.
An chéad stad eile Stáisiún Uí Chonghaile....

Net_Guy
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Re: Confusion about Spouse visa leaving the country

Post by Net_Guy » Mon Nov 23, 2015 11:29 am

Hhhhm from the information provided i think it is best if i try visit visa again and save my money from applying a spouse visa. I think this time round for my application i will provide evidence that i have married her and if we wanted a resident visa i am eligible to do so becuase i meet qll the criteria but we chose a visit visa due to ger only intending to visit.

Thank you everybody for your help.

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