Partner return to UK

[Ian Tee]

My Thai partner has an indefinite right to remain in the UK visa. I know normally she has to return to the UK within 2 years of leaving. Does anyone know if this rule has been relaxed since covid? I notice Thailand has relaxed their similar requirements.

[tso310]

The Embassy is the best bet. I would be surprised if the rule has not been relaxed significantly. Thai passport holders in the UK have had their visa extended past their expiration date. I would keep an eye on UK entry restrictions over the next couple of days. Reports are that quarantine will start with UK and British residents coming from South America, South Africa and Portugal and possibly other countries with high Covid rates. No start date yet but probably before mid Feb. 10 nights in an hotel near Heathrow at your own expense.

[theoldgit]

I don't think there's any point in contacting the UK Embassy here in Thailand, as they have no involvement with visa issues, they are all handled in the UK.

 

The UKBA do issue regular advice for those who may be affected by Covid related travel restrictions, this is the latest guidance, updated on 18 January  covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

 

The guidance doesn't specifically mention those, like your wife, who are in danger of losing their ILR, maybe because there have been no travel restrictions travelling to the UK, and certainly not for those who live there, but there is limited guidance towards the end of the paper.

 

Your wife's fall back position would be to apply to enter as a returning resident, there are however some restrictions and it comes at a price. https://www.gov.uk/returning-resident-visa

[theoldgit]

The UKVI have updated their guidance to staff to take account of anybody who has been prevented from returning to the UK due to Covid restrictions.

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958708/returning-residents-v3.0ext.pdf

 

Page 12 of the guidance refers:

Extended absence from the UK due to COVID-19 pandemic travel restrictions
Some applicants will have been prevented from returning to the UK in 2020 and 2021, due to travel restrictions in place relating to the COVID-19 pandemic. In some cases this will have resulted in their indefinite leave lapsing.
You should consider whether travel restrictions after 24 January 2020 resulted in unintended absences from the UK. Where you assess someone had intended to return to the UK before their leave lapsed but were prevented from returning by travel restrictions, you should consider this as an additional factor supporting a grant of entry clearance.