the scouser

The advice sought is more geo-specific than immigration-related, so I'll move this to the Isaan forum.

Scouse.

Evidence of your income/savings, whether it be derived from Laos or the UK, and the same for your wife if she works. I'd also provide some evidence of your parents' occupation of the house, e.g. a recent utility/council tax bill and mortgage statement or tenancy agreement as appropriate. Why not throw in your motorcycle docs, too, as that provides an indication that you'll be reutning to Laos.

You do have to pay for the draft, but it's only a matter of a few baht. The draft can be obtained from any high street bank.

Scouse.

It sounds as if you've got plenty of evidence of contact going back over the last 3 years, during which time your wife has lawfully spent a year with you in NZ, and you're now married. A disposable income of £700-800 per month should be adequate for the purposes of maintaining you both and accommodation need only be one room in a shared house for the sole use of you and your wife.

I think you can go for the settlement visa now.

Scouse.

I've no real idea about the money side of things, but why not send it through your bank to an account in Thailand? Alternatively, if you don't want to pay the transfer fee, take it in cash and change it in Thailand. I've never tried it, but I would think that if you present a UK bank draft or cheque, it'll take weeks to clear.

You don't need to carry the TB certificates with you.

Scouse.

Perhaps I could have phrased my response differently.

A degree of knowledge is evidently required to either register with the OISC or qualify as a solicitor. However, within either category, there are those who are more knowledgeable than others; i.e. you get the capable and the not so capable, and, as far as the advice-seeker is concerned, the art is in finding an effective representative.

Indeed, that an individual is qualified as a solicitor does not indicate an aptitude in, in this instance, the immigration field, as s/he may specialise in a different area of law, whereas OISC-registered advisers only practise in immigration law.

Scouse.

Moved to the Thailand visas and residency sub-forum.

Scouse.

As you are aware, your girlfriend will have to demonstrate an intention to leave the UK at the end of her stay. You mention getting an employment letter even though she no longer works: I would not do this. If the embassy finds out about it, then it could mean that any visa application she makes for 10 years could be refused without full consideration.

Essentially, your intention to go back to Thailand is going to provide your girlfriend's reason to return, so you should supply the evidence of your cohabitation that you mention and show that you have sufficient money in the bank to pay for the trip. If you work in Thailand, show the embassy your work permit and evidence of your job. Also provide evidence of her business and any associated accounts and explain who will be running it in your girlfriend's absence. You will additionally require a letter from whoever will be accommodating you in the UK and evidence that they actiually live at the address; e.g. a council tax bill, mortgage statement, and/or a utility bill.

Scouse.

Is there a minimum requirement for the amount of time you have spent together in the past 12 months?

No, but the visa officer will expect to see that the relationship is subsisting.

Scouse.

I can tell you what the Immigration Rules say, and you can then make up your own mind:-

The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor are that he:

(i) is genuinely seeking entry as a visitor for a limited period as stated by him, not exceeding 6 months; and

(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and

(iii) does not intend to take employment in the United Kingdom; and

(iv) does not intend to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and

(v) does not intend to undertake a course of study; and

(vi) will maintain and accommodate himself and any dependants adequately out of resources available to him without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and

(vii) can meet the cost of the return or onward journey.; and

(viii) is not a child under the age of 18.

Those are nice words, but, prior to the enactment of the '99 Act, anyone, without any form of qualification, could set him/herself up as an immigration adviser.

Since then, it's pretty much the same: one does not have to be knowledgable to be qualified, either as an "OISC adviser" or an "attorney".

The lesson is that one should choose a representative carefully.

Scouse.

In my experience, it depends upon a multiplicity of factors which cannot, singularly, be identified.

Scouse.

Yes, i understand that.

Why did you ask, then?

Scouse.

By the very nature of a settlement visa, the applicant does not have to demonstrate an intention to leave the UK.

Scouse.

If she spends six months in the UK as a visitor, there is nothing stopping her applying for another visit visa straight away, but it is likely to be refused as she will have just spent six months in the UK and the visa officer would probably question her intention to leave. Settlement visas are judged by different criteria.

Scouse.

If you want to kick up a stink, G., just tell the Daily Mail. I'm sure they'd love to publish a story on how the Home Office is sending people's passports to complete strangers.

You've not had much luck, have you? Although I still don't understand why W.'s residency card was not placed in her passport in the first place.

Scouse.

In theory, to qualify for the unmarried partner's settlement visa, the parties have to have lived together for the entire two years. The six-month absence is essentially at the discretion of the UKBA and I can't see them allowing absences of in excess of this. In that case, you're either going to have to go the visit visa route or, if you want to immediately settle in the UK, contemplate marriage.

Whether your partner would be refused further visit visas will ultimately depend upon how long she has been spending in the UK. There is no hard and fast rule, but as a general guide, she should aim to spend no longer than six months of every twelve in the UK. The embassy in Bangkok are certainly issuing two-year multiple-entry visit visas again, so perhaps think about applying for one of those. The only word of caution is that they are generally only issued to those who wish to make a number of short visits, and not those who wish to wish to visit for long periods. The other factor to bear in mind is that the government's consultation on reducing the length of a visit to 3 months must be due for publication soon, and it's only a matter of time before the suggestion becomes fact.

Scouse.

You have two options:-

1. Apply as the spouse of a French citizen who is living in the UK. However, this will need your husband's co-operation;

2. If you otherwise wish to separate from him, then begin divorce proceedings and apply on the basis that you have been married for more than 3 years and have lived together in the UK for more than one year.

Here's a link to the application form:-

http://ind.homeoffice.gov.uk/sitecontent/a...nforms/eea/eea2

Scouse.

The requirement of the Immigration Rules is to demonstrate that there is adequate income from your own resources to support the family unit. Consequently, providing that your wage covers the bills etc., then there is no need to have either savings or a healthy bank balance. I would, however, take the time and trouble to write a covering letter for the visa officer's attention.

Scouse.

Also bear in mind that there is no requirement to actually register the birth at the British embassy if the baby otherwise automatically qualifies for British citizenship. It's sufficient to simply apply for a passport at a cost of 4000-and-odd baht.

Scouse.

On the assumption that your step-child is aged five or over, the application will need to be made in person as biometrics will need to be given. However, there's no harm in your sister-in-law taking the child to make the application.

Scouse.

The process should be:-

1. The application is made at the visa application centre;

2. They pass the papers to the embassy;

3. The embassy passes the papers to the island immigration office;

4. The island immigration office decides whether to grant/refuse/interview and informs the embassy accordingly.

It may be possible for you to contact your local immigration office at the time and invite them to interview your wife there and then.

Scouse.

That the visa is valid for two years does not allow your wife to stay in the UK for that length of time. The usual rules apply that no one visit can be longer than six months.

Whereas there is no law which specifically prohibits your wife from staying six months, doing a quick trip to France and then returning for another six months, I'd be careful. Although your wife has a valid visa, if the immigration officer at the UK (air)port were to perceive that your wife were living in the UK on visit visas, he could refuse her entry.

Scouse.

Fred,

Your girlfriend should also contact the embassy and request a copy of the interview notes as these will be useful to have if either re-applying or preparing an appeal.

If you want a representative to take on the case, then by all means drop me a PM with your phone number or, alternatively, use any firm which is either a member of the Law Society or OISC-registered.

Scouse.

Just as bad.

If you wish to instruct a representative, then I'd recommend using one in the UK who is either a member of the Law Society or OISC-registered.

That said, your wife must attend the visa application centre in order to give her biometric details.

Scouse.

Well done, K.

Scouse.