Greetings, it's been quite a while since my last post on TV !

We're now living in Hong Kong but I may be posted back to the UK on a 1 year contract.

If anyone could let me know what the visa options are, I would be grateful.

FYI we have 3 year old twins (they have British passports). My wife has had a family visit visa twice, once in 2007 and once in 2008, both approved within a couple of days of application with no interview or other drama, but I understand that a 1 year stay is not possible for that kind of visa. I have heard that for some kinds of longer stay visa it's necessary to have a certain level of English language skill and to take a test about life in the UK. I'm absolutely sure this will not be possible for my wife as she speaks only Thai and various Chinese dialects; hardly any English at all.

Also, it would be preferable to obtain a visa which had the ability to renew/extend, since my contract may be extended.

Thanks in advance
SD

A settlement visa is your best option.

Thanks. I read here
http://www.ukba.homeoffice.gov.uk/ukreside...plicationtypes/
that SET(M) is the form needed, but I then read here
http://www.ukba.homeoffice.gov.uk/ukreside...tionformset(m)/
that my wife must
"already have temporary permission to stay in the United Kingdom (limited leave to remain) as the husband, wife, civil partner, or unmarried or same-sex partner of a permanent resident"
and
"have lived here for two years in this category"

.....neither of which apply.

Also, it seems that settlement is intended for people who want to live permanently in the UK, which is definitely not the case for us.

Have I misunderstood something ?

Thanks
SD

Hi again

I have been told that our best option is a settlement visa, but in order to apply for it I would have to travel to the UK first, and apply there, and my wife would have to go back to Thailand (the British Consulate in HK would apparently not accept her application !)

As mentioned, we have 3 year old twins. This idea is a non-starter.

Surely there must be a better alternative ?

Advice or information much appreciated.

Thanks
Rob

Hey, you never know what the future holds!

You can go for any of the visitor visas on offer, but try and get the Settlement one done. Once that's done, it'll cover you for any future need. Regards.

I thought the maximum length of time one can stay on a visitor visa is 6 months and it can't be extended ?

As mentioned, we'll be there for 1 year.

No, vv is only six months then back to Thailand and can only stay six months out of twelve.

Settlement visa is what you need but if she has resident status in HK she may be able to apply there.

Not sure why you have to go back to the UK to apply for it as it is done through the British consulate.

As you have kids it should be relatively easy, just a case of getting the paperwork done (as long as there are no past instances of visa refusal for your wife).

The only flaw I can see is that you will need accommodation in the UK suitable for a family, so I suppose that is why you want to go to the UK

Who told you that you have to go back to the UK and your wife has to go back to Thailand? 'You' don't have to be anywhere in particular when she applies and she can apply in the country where she is resident at the time of application. As long as she is now resident in HK with you legally and isn't living on a string of visit visas, then she should be able to apply there.

Thanks for the replies.

Perhaps I have some wires crossed. I was under the impression that a settlement visa was for a spouse to *join* her other half in the UK - that is, I would need to be present in the UK when the application was made ?

As for her going back to Thailand, it may be just misinformation. I was told that by a supposedly-knowledgeable acquaintance. She has a visa for HK that is valid until 2012.

As for accommodation in the UK, my employer will pay for a hotel for us for up to 2 months., while I find a place to live. I certainly won't have a rental agreement in place before we move. I have family in the UK, but I'll be working in London and they live in Yorkshire.

Thanks again

As your wife is legally resident in HK, she can apply to the British Consulate there. The aim of a settlement visa is simply for a foreign national to gain access to the UK in order to settle there. There's no specific need for someone to already be there, as in your case. You have left the UK at some point, met your wife and now want to return and have her return with you.

You'll need to show you will have somewhere to live, that you have enough money to support her and that you have a genuine existing relationship, which should obviously be no problem for you. Call the consulate and ask for the visa section, they should be able to help you with the precise way the HK visa applications are done (In BKK they are done through a third party company vfs at an external centre).

As noted, a visit visa would not be suitable here. Visitors can only spend a maximum of 6 months in the UK on any one visit and a maximum of 6 months out of any 12 in total. So a settlement visa as your spouse seems the best, if not only, option.

Form SET(M) and the other information you refer to in your post of 2009-11-03 09:06:41 is for those already in the UK who are applying for Indefinite Leave to Remain.

Your wife needs to apply using form VAF4. As she is resident in Hong Kong she can apply in Hong Kong. See How do I apply? from the British Consulate-General, Hong Kong.

The visa will be valid for 27 months, so if you need to extend your stay beyond 1 year this wont be a problem. If you need or want to stay for longer than 2 years then once she has been in the UK for 24 months she can apply for ILR, provided she has satisfied the KOL requirement. If she hasn't done this and wishes to remain in the UK then she can apply to extend her visa for a further 2 years, known as Further Leave to Remain.

However, if you have been married, or living together in a relationship akin to marriage, for at least the last 4 years then instead of being granted a spouse visa she will be granted Indefinite Leave to Enter (see this thread). ILE is the same as ILR except that it is granted outside of the UK, not in. As she has not satisfied the KOL requirement she would be granted 2 years ILE subject to her doing so, and once she has she can apply for ILR immediately without having to wait the 2 years for the initial visa to expire.

Be aware that although ILR and ILE are both indefinite; not permament. They can lapse if the holder lives out of the UK for a period of two years or more.

The following may also be of help to you:-

Maintenance and accommodation

Settlement, Spouses

Thank you both ! !