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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My friend has been married years to a Thai lady who has

Resolved Question:

My friend has been married for 8 years to a Thai lady who has integrated very well into a small village. She felt unable to take the UK citizenship test. I have not scored highly myself. Due to the stress of renewing her visa each year and the cost incurred she has returned to Thailand with her daughter who has dual nationality. Can anything be done to help this marriage?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
I am afraid as your friend's wife has returned back to Thailand, not much can be done from there other than for her to apply for a spouse visa afresh if her leave to remain in the UK had expired.
If she was in the UK, she could have applied for discretionary leave to remain and after 6 years on discretionary leave to remain, she could have applied for indefinite leave to remain which would have meant no more visa renewals.
She would not be successful for UK citizenship without passing the test but she could live her indefinitely if she obtained indefinite leave to remain.
Hope this helps
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Customer: replied 2 years ago.
Your suggestion to apply for discretionary leave sounded very helpful but I have been told she would have to be earning £18600 to have any chance at all. Is this true? Are there any other factors to be considered? In addition I have found out that changes to the rules in2012 mean discretionary leave to remain can not be pursued because of family or private life