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ukvisasolutions
ukvisasolutions, Solicitor
Category: Law
Satisfied Customers: 66
Experience:  Immigration Solicitor
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My wife is a Vietnamese citizen and she is expecting to

Customer Question

Hello,
My wife is a Vietnamese citizen and she is expecting to apply for her Indefinite Leave to Remain visa on March 2017.However, her company is asking if she can run an office in Bangkok, Thailand for 3 months, starting in August/September 2016.
We wonder if that would affect her Indefinite Leave to Remain application?As if we understand it right, to be eligible, she can not be outside of the country for more than 90 days?And here are some background information:I am a French citizen
- Living in the UK since April 2011
- We've lived together in the UK since April 2011
- We've been married since September 2013
- My wife is a Vietnamese citizen, arrives in the UK in September 2010
- She has been working for a major broadcaster since 2012
* LIST OF HER VISAs in the UK:
- Tier 4 student from 27/08/10 to 30/01/12
- Tier 1 post study from 31/03/12 to 31/03/14
- Residence card of a family member of EEA from 17/03/14 to 17/03/19
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  ukvisasolutions replied 1 year ago.

Thank you for your question. Please note that under terms of Just Answer, I am unable to give specific advice as Just Answer only allows generic advice to be provided.

You have stated that your wife is expecting to apply for indefinite leave to remain. I believe that you are considering in applying for permanent residence on the basis that your wife is married to an EEA-National (you) and that after five years can apply for permanent residence. Indefinite leave to remain does not apply to your wife's case as she has not completed ten years lawful residence. Your wife will apply for permanent residence on the basis that as a family member of an EEA national, once she completes five years she can apply.

Your question is about the continuous residence in the UK.

I would like to draw your attention to The Immigration (European Economic Area) Regulations 2006. At Regulation 3, it sets out what continuous residence is. I have set below what regulation 3 says:

3.—(1) This regulation applies for the purpose of calculating periods of continuous residence in the United Kingdom under regulation 5(1) and regulation 15.
(2) Continuity of residence is not affected by —
(a)periods of absence from the United Kingdom which do not exceed six months in total in any year;
(b)periods of absence from the United Kingdom on military service; or
(c)any one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.
(3) But continuity of residence is broken if a person is removed from the United Kingdom under regulation 19(3).

http://www.legislation.gov.uk/uksi/2006/1003/regulation/3/made

You have stated that her company wants her to run an office in Bangkok. As I do not have full information from you, you may be able to argue as well that her job falls under the overseas posting (see regulation 3 (2) (c)above)

Thank you for your question. Please do not forget to rate my answer.

Regards

Customer: replied 1 year ago.
Hi Nicola,
I would like to wait for an answer please.
My payment has gone through therefore I would like to have the answer to my question.
Thank you.
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please refer to the Expert post just behind yours!
Thank you,
Nicola
Expert:  ukvisasolutions replied 7 months ago.

Happy New Year.

I note that you have not rated my answer, which is now long overdue.

I would be grateful if you would kindly rate my answer as soon as possible.

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