Ex-Wife / Future wife served with IS96

[Glorifindal]

Hi there,
please excuse me if I have written to the wrong forum ...

My ex-wife, who I intend remarrying, has been served with a IS96.
She is from Thailand, I am UK born.
We met in 1999 / married in 2001 / she overstayed, but we sorted this in 2006 when she was granted a 2 years spouse visa.
I foolishly divorced her in 2008.
She went down some other route of trying to get a visa, but this has failed.
We met up last year and have sorted our persona problems - and wish to remarry.

She has been staying in England since then - but she has now moved to Scotland with me.
She has reporting requirements for next week in an English police station.
We have a lawyer - who has written to the HO to inform them about her moving to Scotland with me.

What are the chances of her being detained?

Any advice greatly appreciated...

Kindest
Glorifindal

[Obie]

In the absence of a child, she risk a possible refusal, of any application she makes, unless she returns to Thailand.

Think carefully before you divorce her in future, and live her to face so much difficulty and hardship.

[Glorifindal]

Hi there,

many thanks for your answer.
The decision to divorce was made after she disappeared for 18 months...during which time I tried all iI could to find her.
The decision was not made lightly, and caused me 5 years of utter torment afterwards
She turned up after 7 years - ad asked me to forgive her - which I did.

What a mess.

I am not leaving her to face difficulty - but have taken over the lawyer and trying to sort things out, which is difficult as the HO have her passport

Pax et Lux

G

[Obie]

Well I retract my previous comments.

Thought you divorced and changed your mind again.

You can hardly be blamed in those circumstances.

You will have to give reasons why you cannot live with her in Thailand.

You may succeed , bit the chances are greater for couple with children.

I really do wish you guys all the best.

[Glorifindal]

Thanks for your kind words ...
We really mucked up - both of us.

I have a very good job now, and I bought my house. Living in Thailand - she left Thailand over 20 years ago, and really struggles with the language as well as other things.

Many thanks

Pax et Lux

G

[Obie]

She has resided in the UK for 20 years?

She may have a case, if that is the case.

[Glorifindal]

She has actually been here since 1996, almost 20 years.
She was in Germany for 4 years before then.
So, the majority of her life was spent outside of Thailand.

When we went there in 2006 she could not speak the tones any more, and had some real difficulties making herself understood.
The HO ignored this 19 years in the UK as we went there in 2006 - only for 6 weeks- but they count her time in the UK from 2006 only.

[Obie]

Did you live in Germany with her?

Where you married when you resided there?

Did you work in Germany?

[Glorifindal]

Hi there,

She was married to a German national ...
He brought her to England in 1996, then he went back to Germany and divorced her in 1999, which is when I met her.

Strangely, I DID live and work in Germany from 1990 to 1996 ... but did not know her.
I also moved back to the UK in 1996.

[Obie]

Do you hold a German Citizenship?

How long had they been married before the husband divorced her?

Was the husband working in the UK?

[Glorifindal]

Hi again,

I am UK citizen / UK born
I think they were married around 5 years or maybe more (can't remember)
The husband was occasionally working in the UK ...

[Obie]

She may have a right under EU law and this will be material to her case.

You lawyer should investigate this aspect of her case

[Glorifindal]

thank you ...

EU Law ? I think that this has already been discussed but I'll check this out also (there are a heap of applications and papers that we need to work through ...)

Many thanks indeedfor your support