Eff1n2ret

Without wishing in any way to criticise the unfortunate lady, I'm just curious about what she actually thought she was going to do on a "study and work" visa (if such a thing exists in NZ)? What study did she intend to do? If she arrived on a student visa, presumably some sort of course must have been arranged? Has she attended?

Or was she told "OK, your visa is for study as well as work, but (nod and wink) nobody's going to bother if you don't study". In that case she was to some extent the author of her own misfortune, as she was willing to participate in a deception to get the visa.

She fits the profile of millions in the Third World who invest their life savings and go into debt in order to emigrate permanently. A large number are cruelly exploited, and if she was in the UK she could be classed as a "Victim of Trafficking", and be offered assistance (although not necessarily given permission to stay permanently).

The visa is valid until it expires, or until it's cancelled. No way will it be cancelled by an Immigration Officer when you've actually done what you were expected to do when the visa was issued, and it's perfectly reasonable to want to go on honeymoon after getting married without having to send off the passport and worry about how quickly your LTR application is going to be processed.

Presumably you will be returning from honeymoon with a few days to spare on the visa so that the application can be made in time.

A visit visa is valid for 6 months, and the dates on the visa are the dates during which the holder is allowed to be in the UK. If someone for example is granted a visa and arrives just one month before the expiry date, their maximum visit is going to be one month. (In addition the IO on arrival might want to be sure there had been no change of circumstances since the visa was issued).

The ECO has the discretion to postdate the visa by up to 3 months. I would have thought that applying in April for an intended visit in October is somewhat premature.

I am also planning on moving back to the UK this year and therefore my wife will be applying for the settlement visa. I'm lucky in that my parents have two houses and one of those will be 'given' to us until we get on our feet. I do not have a job in the UK, but I will be looking for something ASAP.

Do you need a job offer in the UK before your wife would be considered for the visa?

cheers

My friend took his wife back last year,he'd only been married for 2 months,he didnt have that much cash(not to mention most of that was in his bank came from his family),was going back to live with his parents,did not have a job offer.. yet...he got the visa.No interview or anything either.

With that in mind,Eff1n2ret, could you please go into more detail on why you believe the OP has a poor chance of success?

btw,i too am hoping to apply for a settlement visa,i married my wife 6 months ago,weve been together for 2 years and have a lot of evidence to back this up.I will be staying with my parents.

The OP posed the situation whereby he would have insufficient funds to support himself for a full year and would have to rely on handouts from his parents. The courts have said that the parties in a settlement visa application must be able to support themselves financially, and cannot rely on third party support. That's why I said he might have some difficulty. (If, however, as has been said subsequently, he is able to claim the grants available to prospective teachers (the PGCE bursary referred to by Paully) he should easily pass the threshold for financial support)

It is important in this context to draw a distinction between "support" and "accommodation". If you are able to show that the accommodation offered by your parents is adequate, your application will not be disadvantaged on this point. If you have a job offer or can show that you will be seeking work when you arrive and have a good chance of getting a job then short-term support from your parents should not be a bar to granting the visa.

I hope this is of assistance.

Further to the foregoing, an authoritative source has informed me that you may be in a better position than you (or I)think, because of the grants that are now on offer to prospective teachers. So keen are the powers that be to attract people to the profession that a "golden hello" of up to £10,000 may be available on commencement of training.

If this is so in your case, then you would meet the maintenance requirements of the rules. I am informed that applications in these circumstances have succeeded.

"Public funds" that you are entitled to in your own right irrespective of your domestic situation do not count against you in a settlement application. It's only public funds that would have to be claimed specifically by the presence of your wife that would count against her.

"Nevertheless, it may be appropriate in certain circumstances to exercise discretion for a spouse or civil partner where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK."

It's almost inconceivable that the ECO will construe your parents paying the bills for a year as "shortly after the applicant's arrival". You could of course appeal, but by the time that goes through, even if you win, your studies may be almost over and you could be in a position to stand on your own feet.

It's probably the only application you can make, but a settlement visa is expensive, and whether you want to commit scarce funds to an application which has a slim chance of success, rather than face up to a year apart, is up to you.

Perhaps if you were able to manage a part-time job to bring in some extra dosh, and if your wife has some skill which indicates that she could easily get a job, or can show a job offer when she applies, you might just tip the balance.

Your topic is entitled "settlement visa", so I infer that your intended employment after you've finished your course will be in the UK.

Unfortunately, there was an appeal tribunal judgement back in 2007 which interpreted the rule about financial support for settlement applications very narrowly, stating that 3rd party support is not allowed. In that case the couple's supporters were a cousin and a daughter, and I am sure that the ECO would interpret the rules as excluding your parents from offering financial support (but it does not apply to accommodation).

Obviously there shouldn't be a problem over your child, who is presumably entitled to British citizenship. However, I don't see an easy route for your wife to come here - if she applied as a visitor she'd only get 6 months, and the ECO would probably take the view that she's unlikely to return.

You may have to accept separation for a year until you are in a position to support your wife yourself. - unless you are entitled to Irish or some other European nationality and could apply under EEA Treaty provisions?

She shouldn't have any problems entering the UK, and the card is so far of limited value to gain entry anywhere else. Whether these cards will be accepted as "residence cards" under EEA Regulations to enable visa-free travel elsewhere in Europe remains to be seen.

Probably there will be some ignorant airline check-in clerk somewhere in the world who will not be able to grasp the concept of a residence card separate from the passport, and you'll have to stand your ground. But a separate "Green Card" for US foreign residents has been around for a long time, and major hubs like Bangkok have a UK Airline Liaison Officer to educate and advise airlines on such matters.

"...but he would need to show that the UK is his main residence;..."

There is no such requirement in Para295G of the Rules. He would have to be the u-m partner of a person "settled and present" in the UK. If they spend prolonged periods in the UK and are running a business there, the OP, who has the Right of Abode, could probably argue that the UK is "home" unless she has declared herself non-resident.

Specific periods of absence become important if/when an application for citizenship is made.

But the OP's immediate intentions seem to have changed a little, as she's now saying that there will be one visit here this year, when her partner might take a course of study, and then see what they want to do next year. If he wants to do a course of 6 months or less, don't apply as "Student Visitor", or he will not have the right to take employment. But he will need to show good reasons for the need to do the course in the UK and how it will benefit his career.

The largely amateur advice you can get on a forum like this is ok for straightforward cases. But this is not one such, and a confidential consultation with a professional advisor will probably help you sort out the best way forward.

As she has visa-free entry into both HK and Thailand with a US passport, and presumably intends to travel to the USA afterwards, the ticket is best to correspond with her US passport. She'll only have to show her Thai passport at the Bangkok immigration control both entering and leaving.

Lots of dual nationals do it that way. My missis has different names in her UK and Thai passports. Never had a problm

I hesitate to advise you further as I'm not familiar with the workings of the system that's been put in place, and they keep moving the goalposts in any case. Just today, for example, they've announced that they won't look at anybody under the Tier 1 Highly Skilled Migrant category unless they have a Masters Degree and earn over £20000 a year.

Basically because of the crash in the economy they want to stop employing people from outside the EEA except in very limited shortage occupations - shouldn't think a cameraman qualifies.

And to answer your question about employing him via your company, you're into the whole exciting world of obtaining a sponsor licence before you even think about this.

But don't take my word for it, because I don't know enough and my brain hurts when I even look at this section of the rules. The advisor that I mentioned previously has a better idea.

I think you have to look at an "unmarried partner" visa (not civil partner) (see Para 295B and the relevant parts of 295A on this link to the Immigration Rules)

http://www.ukba.homeoffice.gov.uk/policyan...amesexpartners/

This would enable him to spend extended periods and work in the UK. You effectively have to prove that you have been living together similar to a marriage for at least 2 years, and meet the support and accommodation requirements.

If he's looking to establish a business in the UK, the "Business Visitor" provisions of the Rules are probably too restrictive for this purpose, and he can't apply as a "Sole Representative" of his own business in Thailand. The requirements to set up a business as a Tier1 migrant under the new points system are more involved and include a deposit of £200k.

I would be cautious about applying as a student. The requirements preclude more than 20hours work per week, and setting up a company, or being a director of one is a no-no. Also, if his business in Thailand requires trips back there during term-time, he could get black marks for non-attendance and the whole thing could unravel. Unless his primary purpose in coming to the UK is to pursue a course of study here, I would forget it.

Thus although you're not looking to settle in the Uk full-time, the unmarried partner provisions are probably the best way in.

If you wish to verify to validity of the foregoing, you could have a word with OISC-registered Davies Khan, whose link appears above this forum.

I have taken advice, but my french sollicitor has no idea of what the thai authorities are doing with the passeport of people who have been overstayer abroad and come back in Thailand. I'm still concerned they could take her passeport away from her, at least for a few months, preventing her to apply for any kind of visa. Any more informations on that welcome. Thanks

Your french solicitor is just covering himself by declining to advise on a matter of which he has no knowledge or experience. That doesn't mean that there's likely to be a problem. The consensus here is that if your g/f travels with the valid Thai passport with which she left Thailand the IO's in Bangkok aren't going to be the slightest bit interested in her. That's the best advice you're going to get.

No way should she notify her presence here to UKBA before leaving. She should just buy a ticket, turn up at the airport and leave. As I said previously, she will probably be interviewed by a minion as she enters the departure lounge and they may give her a notice that she's an overstayer. If she ever wanted to return to the UK as a visitor independently of you, that would be a problem, but it should have little bearing on an application for you to settle in France together. In fact, the time you have spent together in the UK is the best evidence you have of a genuine relationship, so do not attempt to conceal the overstay.

Incidentally, you didn't say whether you will be travelling with her, but if she's on her own she should not be scared about any encounter with UKBA officers. If she has a genuine passport there are no immigration powers to prevent someone leaving the UK, so they can huff and puff, but it won't make any difference to your long-term plans.

My Thai boyfirend who is also the father of my baby (however his name is not on birth certificate as i had baby in England and he was not there to sign register) wants to return to england with me for at least 6 months, any ideas what type of visa i should apply for bearing in mind that there i no proof that he is the father....any help would be greatly appreciated

thanks

A bit more info needed before any worthwhile advice can be offered:

- are you currently living in UK or Thailand?

- how do you support yourself? what support and accommodation would you have for an extended stay in UK?

- how long have you and b/f been together? what evidence do you have of your relationship?

- what's your boyfriend's job/profession? what other assets does he have?

- has he travelled outside Thailand before?

- what are your actual intentions? apart from a visit visa (maximum 6 months) the only practical alternatives are spouse, unmarried partner or fiance visa, all of which imply intention to settle in the UK.

If your boyfriend has little history of travel outside Thailand and/or a low-paid job he's unlikely to be successful applying to visit the UK for 6 months unless you can demonstrate an enduring relationship and an intention to resume life in Thailand together.

P.S. What nationality are you?

Such rants as the OP are really a variation of the snobbery described in George Bernard Shaw's aphorism nearly 100 years ago that it is impossible for an Englishman to open his mouth without making some other Englishman hate or despise him.

It is generally accepted that English is developing and changing all the time, and doubtless what is regarded as correct spelling and grammar now were established by common usage and mistakes in former times. Schools should (in my opinion) teach a standard of English, but once beyond that stage, we can only set our own standard and accept that others have a different one.

I heard Stephen Fry saying on the telly the other evening that standard English throughout the world will eventually be based on Chinese pronounciation and phrases.

As a further comment, I should have added that if you can demonstrate 2 years together you can apply as an "unmarried partner" (not civil partner) - but the rest of my comments relating to spouse applications apply

HI there,

I have been with my partner for over 2 years and living in Thailand (I'm the Farang). He has already had 2 UK visas approved with no issues. Due to family commitments, we will visit for the UK for 6 months. It is therefore not financially viable for him not to work, and he would also like to establish himself in the UK as well as Thailand.

So, my questions:

1. would a civil partnership visa be the best option?
   
2. Does it give him the right to work?
   
3. Would he have the same rights as if we were married ie: be entitled to all my equity in Thailand? ( I do understand that getting married is the easiest option, but don't want to go down this road JUST for a visa - will do this when and if we want to legalise the relationship)
   
4. How long does this process take - is this 3 months as we have flights booked for end of April for 6 months in the UK?
   
5. Would he be able to work during this period?
   
6. Last quesiton - how easy is this process?
   

I think that's my list for now

I'm afraid you may misunderstand the concept of "Civil Partnership". If you're a female Sarah, and your partner's a bloke, civil partnership is not an alternative to marriage - The Civil Partnership Act 2004, which came into force on 5 December 2005, gave same-sex couples the opportunity to enter into a legal relationship termed a civil partnership.

So your options, if you're thinking of settling in the UK, are the 2-year spouse visa, which would entitle your partner to take employment, or the 6-month fiance visa which does not permit employment but can be converted into a 2-year LTR, which does. The fiance visa enables entry to the UK for the purpose of getting married and applying to stay there.

If you go for the 2-year spousevisa, you can come and go, and I don't think there's any minimum period you have to spend in the UK, but long absences would affect a subsequent application for British citizenship. It's a rather expensive way of securing extended visits with the right to work. You also need to think 2 years down the line about the credibility of submitting another spouse visa application if you haven't pursued the right to settlement conferred by the first one.

If he's previously been granted visas the threshold should be much lower than for most first-time applicants, but your comment that "it's not financially viable for him not to work" suggests that you need to pay close attention to the support and accommodation requirements for spouse visa applicants.

I should have mentioned at the outset that an application for a spouse visa implies that a marriage has taken place.

Although passports are not generally checked upon leaving the UK,

That's not true. For at least the last 2 years there's been a passport inspection by immigration officers at Terminal 3 when I have left. It's just behind the security screens at the entrance to the departure lounge, and I think they have similar arrangements at all the major airports. It's not the same as the old embarkation control which was abandoned in the early-mid nineties as a cost-saving measure, but they've re-instated a check principally to identify asylum applicants who are leaving, so as they can add them to the total of "failed asylum seeker" removals and boost their figures. Similarly, they could hand the OP's G/f a notice as an overstayer when she leaves, and count that as a "removal", but it shouldn't make any difference to an application to return here as his spouse.

But honesty is the best policy. I don't know what weight the French authorities will place on a 3-year overstay in the UK regarding an application for settlement there. I suspect not very much, as the main criterion will be the strength of the relationship. As the OP has taken the proper legal advice he doesn't need much from us.

LALA75, I inferred from your original message that your ultimate intention is to return to the UK with the lady. If that's the case, check out the info on the UK Visas website which confirms my original advice:

http://www.ukvisas.gov.uk/en/howtoapply/in...ssnationals#Q10

If you want to take her to France, you'd better check the French visa regulations, and seek advice from other French nationals with knowledge which would help your situation.

But what you could do, if your ultimate intention is to settle in France, is to secure an EEA Family Permit for her to come to the UK, spend a few months here, and then apply for an EEA Family permit in France under the same regulations - even returning your to your own country you can use the EEA Regulations because of a judgement in the European Court known as "Surinder Singh". It's perfectly legal.

The point is that for those who qualify, it's ridiculously easy to get a visa under the EEA regulations, rather than national immigration laws, and (to add insult to injury for those who don't qualify), the visas are granted free of charge.

"Your girlfriend would be travelling to France on a Schengen Visa and the British Immigration authorities will have notified the following countries and as the extract says she will be barred: see the following...............

In general you will be barred for ten years from entry to 25 European States..."

That's why I suggest that they should get married in Thailand. Then Para 320 7 B of the Rules (ask your "senior Immigration Officer" son about this) won't apply (see 320 7 C). I doubt whether other EU states have unrestricted access to the Uk warnings index as suggested.

To answer your last question first, your g/f may be interviewed by UKBA officers on departure. They may issue her with a notice as an overstayer, but in practice this shouldn't make any difference to your plans.

I don't know what the Thai authorities do about their people who have committed an immigration offence abroad. Does your g/f have her original passport? If so, I suspect they won't be bothered. I think they're more likely to be concerned about those who get here and "lose" or destroy their passports and get removed with an emergency document.

If you plan to get married, you may wish to consider your rights under European legislation rather than UK or French immigration law. You are an EU national "exercising your treaty rights" by living and working in the UK. Therefore you can bring your wife here with an EEA Family Permit. The application is free of charge and can only be refused on the grounds that you have contracted a marriage of convenience (plus the normal caveats about public health or security, which should not concern you unless your wife is a terrorist or has some contageous disease). The onus of proof is on the visa officer, not on you. The EEA Family Permit is valid for 6 months, and after arrival in the UK she can apply for a Residence Card which is valid for 5 years. So if you show evidence of the time you have spent together in the UK, there should be no grounds for alleging a marriage of convenience.

Therefore, unless you particularly want to spend time together in France before you get married, your best plan may be to get married in Thailand and apply to come back to the UK.

I think it's called Incapacity Benefit now. Information on DSS websites suggests that it can be claimed whilst you're abroad, but you're supposed to tell them.

It's not the same as Jobseekers Allowance, where by definition you're supposed to be available for work and therefore not polishing a barstool in Pattaya.

Perhaps they'll have a little bet on who will survive longer in the job.

when can i apply for visa to live in UK with my British partner once we have been civil partnership?

what kind of visa should i apply? i have never been there before.

we have been in touch more than 2 years and been together nearly 1 year.

The Immigration Rules make a distinction between "Civil Partners" and "Unmarried and same sex partners". If you haven't formally registered the partnership, you would probably be regarded as an "unmarried or same sex partner". This is the main requirement as set out (but there are also the provisions regarding intention to live together, support and accommodation, etc.):

"(i) (a) the applicant is the unmarried or same-sex partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement and the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more;"

So if by "been together nearly 1 year" you mean actually living together, you have another year before you can be considered.

If you do have a formally registered Civil Partnership, you could apply now. This is the link to the relevant section of the Rules:

http://www.ukba.homeoffice.gov.uk/policyan...civil_partners/

The normal "police check" in the UK which has to be made on employees in many different organisations, but particularly on anybody working in schools or with children, is made by the Criminal Records Bureau. The page from their website relating to applications for a check is:-

http://www.crb.gov.uk/Default.aspx?page=4762

but I would have thought that the school would supply her with a form and submit it on her behalf. That's the way my employers did it.

How they deal with people whose previous life and any potential record is outside the UK, I don't know, but I would have thought it was worthwhile using the link provided in the previous post.