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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Customer Question

Hi Thomas
Nice to e-meet you
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Was the sole and only reason that you were in Myanmar because of your job?
Are you still be a loving married relationship with your UK spouse?
Kind regards,
Tom
Expert:  Thomas replied 2 years ago.
Hi,
Was the sole and only reason that you were in Myanmar because of your job?
Kind regards,
Tom
Customer: replied 2 years ago.

Hi Thomas

Yes, we are still loving married couple. The reason I went back to Myanmar was to look after my great aunts who are single and old. I got job when I got back there. Actually my program is direclty funded by UK government (DFID). We can provide all necessary documents with UK address. Bills, Bank statement, council tax and so on.

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your reply.
In preceding year from the date you intend to apply for your extension (which I presume will be around September), how many days will you have spent in the UK?
Kind regards
Customer: replied 2 years ago.

Just two weeks here. I will go back to Myanmar on 25th April. But I plan to come back here first of August to extend the visa. Do you think, is it ok?

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Basically, a spouse visa for couples who intend to live permanently in the UK together. It’s quite an unusual situation that you find yourself in.
You and your spouse will have to submit detailed statements in which you expand on the fact that although circumstances have dictated that you have not spent as much time together in the Uk as you would like, you are still very much in a marriage relationship together.
You should submit evidence of your continuing relationship in the form of the correspondence records that you have showing that you have remained in constant contact over the period of time that you have been away.
If the reason that you have been away is purely down to your job because it was too good an opportunity to pass up the you should say so.
This period of absence would certainly break the continuous residence period for ILR that you would otherwise have been able to apply for at the end of your residence period because it’s more than 180 days though.
A key issue will be what you intend to do in the future. If you propose in your applciaiton that you will only be absent from the uK in the next year for less than 180 days then I would expect you to still be okay.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Dear *****

Thank you for your detail explanation.

I can proof that our marriage is still in good shape over the period of time by providing the e- document like viber, skype and phone call. Does it help?

I spent less than 180 days outside the country as I knew I suppose not to stay more than 180 days outside of UK. Does it count to extend my spouse visa?

My husband have applied British Citizenship and waiting to get back his passport. If he gets back his pp, he will come and live with me in Myanmar and work there. However, we will come back to UK every 6 months.

My last question is for all that reasons, am I able to extend my spouse visa?

Looking forward your quick reply.

Thanks in advance.

Best Regards

Kay Thi

Expert:  Thomas replied 2 years ago.
Hi
I will be able to answer at 9 a.m
Tom
Expert:  Thomas replied 2 years ago.
Hi Kay,
Yes, viber/skype/phone records help
If you have spent less then 180 days outside the UK in the 12 months preceding the date you apply the you should have no problem applying to extent your visa.
In order to qualify for ILR eventually both you and your husband must intend to live permanently in the UK, which means that you must both spend no more than 180 days outside the 12 in each year.
Kind regards,
Tom
Customer: replied 2 years ago.

Thank you Tom. I feel relief now.

Expert:  Thomas replied 2 years ago.
You're welcome.
Please do remember to rate my answer once you are finished.
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Tom

It's me, Kay Thi again. Do you recommend anyimmigration lawyer to undertake my spouse visa extension? If so, may I know how much he or she will charge that?

Expert:  Thomas replied 2 years ago.
Hi,
I cannot give recommendations under the terms of this site.
If you use the law society's find a solicitor search engine and enter immigration law and your postcode a list of solicitors will be generated:
http://solicitors.lawsociety.org.uk/
They should charge in the region of £800 - 1200 + vat to deal with your applicaiton.
Tom
Customer: replied 2 years ago.

Thanks for your quick response. I found imperial visa service online and chat with him too. He said he can guarantee to extend my visa but I have to pay 50% deposit first through online that would cost 547 so that is risky for me. What do you think of that? I would like to hear your kind advice.

Regards

Kay Thi

Expert:  Thomas replied 2 years ago.
I would always go with an immigration solicitor holding a practising certificate to practise as a solicitor in england and wales, and not a visa company.
Tom
Customer: replied 2 years ago.

Thank you very much for your help Tom. You are really kind.Smile

Expert:  Thomas replied 2 years ago.
You're welcome.
Tom

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