7by7

1) These are standard, worldwide requirements; not every country requires proof that one is free to marry before conducting a marriage; the UK doesn't, the registrar takes the couple's word for it! Edit: old info; the UK now does require such evidence! Ooops!

2) Just because someone is applying in Thailand does not mean they were married in Thailand.

Persons with Indefinite Leave are still "subject to immigration control", i.e. they may still be refused entry if they are away from the UK for more than two years, and may be made subject of a Deportation Order, unlike British Citizens who have "Right of Abode".

I stand corrected on that point.

The main point is, though, that persons with indefinite leave are entitled to claim the same public funds as persons with right of abode. Claiming any will have no effect on any future naturalisation application.

Obviously, if they have not paid any, or sufficient, NI contributions then they will not receive contribution based benefits (pension excepted, see other topic), such as contribution based JSA, and their spouse/partner's income will be taken into account when assessing their entitlement to income based benefits, such as income based JSA.

One of the vagaries of the system is that applicants for indefinite leave must show that they can be adequately maintained and accommodated without recourse to public funds, but as soon as their IL has been granted they can claim any and all for which they qualify.

Moved to General.

There are many reasons why they may want a legal marriage as well as a ceremonial one.

The obvious ones are to do with UK immigration for him and Thai immigration for her.

At the end of the day, it is their choice.

Then put GBP instead, e.g. 500GBP.

if you are living in Thailand but still paying UK tax and NIC then you are covered, ( I believe ) by the NHS.

No; Entitlement to NHS treatment is based purely on residence. If you are not a UK resident, you are not entitled to NHS treatment; except initial emergency care in an A&E department. End of story.

I'm not commenting on whether it's fair or not; but that is how it is.

She would get a pension based on her husbands contributions unless the rules change prior to her becoming of age

I stand corrected.

As far as I am aware the restrictions on public funds only apply to those subject to immigration control.

However, I'm more than happy to be proven wrong.

Have a read of Applying for a UK visa in Thailand, which should answer most if not all of your questions.

You may also find UK Visit Visa Basics helpful.

Restrictions on public funds apply to those subject to immigration control. Someone who has no time restriction on their stay in the UK, such as ILE or ILR, and so is not subject to immigration control is entitled to claim the full range of public funds.

Provided they meet the other requirements, of course.

The UK state pension is contribution based; how much someone gets depends on their NI contributions. If she reaches retirement age and hasn't paid sufficient, then I'm afraid it's no pension.

See Qualifying for a basic State Pension.

When she changes her passport her old one will be canceled. However, the visa inside it will, assuming it hasn't expired, still be valid. So she should show both the old and the new one when checking in for the flight and at UK immigration. I would also recommend she has her marriage certificate and an English translation of it with her in case she needs to show why and how her name has changed.

Alternatively, she could wait until returning to Thailand after the visit before changing her passport.

A word of warning, though. Waiting times for UK visas in Bangkok at present are quite quick; even settlement. However, over the last few years demand for all types of UK visa in Bangkok has started to increase from around March; with a consequent increase in processing times. Applying later in the year could mean a wait of as much as three months for her visa!

See UK Settlement Waiting 2011

Bifftastic, I don't know when your experience was, but this government has tightened up on this aspect over the last few months. ‘Health tourists’ will pay the price for their NHS debts. Would the OP's daughter receiving NHS treatment to which she, strictly speaking, was not entitled affect her mother's next visa application? I don't know; but were I the OP I wouldn't want to take the risk.

The OP and his daughter are not currently UK residents, they are visiting. This means that under the current rules they are not entitled to NHS treatment and to obtain it means using deception; lying.

Samsong101, you asked a question to which the answer is clear; neither you nor your daughter are eligible for NHS treatment while you are in the UK as visitors; that you are both British citizens does not change that.

You have been given two sets of advice; lie and risk getting caught or take out insurance. It is your choice which to do.

There is already a topic in General discussing this at length, and I see no point in duplicating that discussion here.

So, as your question has been answered, I'm closing this.

A seven and a half year old topic revived just to make stupid comments!

Closed.

Not strictly the case.

His initial treatment in A&E would have been free, but any follow up treatment, such as treating the complications, should be chargeable. That he had insurance but the hospital didn't charge him is the hospital's fault/concern.

Or maybe they did claim from his insurers directly; did he give them his insurance details?

2) For your wife to visit the UK with the intention of applying for a settlement VISA, once her family visit expires.

Visitors cannot apply for settlement whilst in the UK, they have to return home and do so there.

As far as I can see, this allows you to enjoy NHS benefits without breaking any laws

"So, Mr Samsong101, as you and you family are in the UK to settle, please explain why your wife only has a visit visa!"

There may be ways of obtaining NHS treatment for the OP and his daughter while they are visiting the UK, but as they would not be UK residents and will not have entered the UK for a settled purpose, none of them would be legal.

The best way would be for the OP to take out adequate health insurance for him and his family while they are visiting.

I am not saying that is right; but it is so.

Here you say

I still pay tax in the UK

All my bank accounts, pensions, investments are registered to a UK address.

Being a compulsive liar is not a criminal offence in the UK, but lying in an attempt to obtain benefits to which you are not entitled is.

Enough of this diversion under the bridge. On topic posts only in future.

Really?

Today at 16.29 in this post you say

My pension income is mostly index linked, taking it out of the pension fund to buy somewhere I can never own would be very foolish. My capital investments made 9% last year, not 4%, my 'walking around' money (usually around 1 million bht) only gets 3.25% interest.............I don't consider myself on the 'breadline'

See how easy it is to trip up when you try to deceive?

The reply TVE got from the embassy is ambiguous; they talk about the intention to marry when applying for the visa.

This is the topic in question.

For the marriage to be legal under Thai law it must be registered at an ampur.

I don't know for sure, but am 99.9% sure that the Australian government would not recognise the marriage unless it was legal in the country where it took place, i.e. Thailand.

There are certain formalities a foreigner has to follow before they can legally marry in Thailand: signing an affirmation of freedom to marry at your embassy and having it legalised by the Thai MFA. See the Australian embassy for details of their procedure and fees for you and the Philippine embassy for her.

Does she already have a visit visa for April?

There is no reason why she cannot apply for settlement whist she still holds a valid visit visa; though she cannot apply in the UK, she must apply in Thailand.

If her settlement visa is approved before she travels for the holiday in April, then she simply uses that to enter the UK and not the visit visa.

However, if you intend to have the holiday before she settles in the UK then you should either wait to apply for settlement until after the holiday or apply before and ask for the start of the settlement visa to be post dated, which it can be for up to three months, until she has returned to Thailand from the visit; explaining why you are doing so in the application.

Note, though, that her passport will remain with the embassy during the processing of her settlement visa, so she will therefore be unable to visit the UK during this time.

Whether to use a visa agent or not is your choice; but I suggest that you read this first.

So, the OP is returning to the UK to settle with his one year old daughter, but his wife, her mother, is only visiting!

You intend to settle in the UK with your 3 month old son, but your wife, his mother, is only visiting!

Explain that when the authorities come calling to ask for the cost of any medical treatment they've received!

Attempting to abuse the system may work sometimes, but the more you lie, the greater the chance of being caught. I would not recommend it.

If she wants to live with you in the UK then settlement is obviously the better option than attempting to get regular, back to back visit visas.

There is, in fact, absolutely no need for her to have visited the UK at all before applying for settlement.

However, only apply for settlement if you are both certain that you want to spend the rest of your lives together. Do not marry just to get her a visa; that will end in tears.

From what you have said, there are two settlement options open to her.

Fiance. This lasts for 6 months and during this time she enters the UK, you marry and she then applies, and pays for, a 24 month extension known as Further Leave to Remain. At the end of her FLR she applies for Indefinite Leave to Remain.

Spouse. You marry in Thailand and she then applies as your wife. This visa is valid for 27 months and after she has lived in the UK for 24 months she can apply for ILR.

Unless you have firm reasons for marrying in the UK, I would suggest the spouse route as this cuts out the FLR stage and so saves that fee.

There is a third option, unmarried partner. But from what you have said she wouldn't qualify for this.

Whichever category she applies under she will need to show that she satisfies the maintenance and accommodation requirements.

She will also need to provide a TB certificate and evidence that she meets the basic English speaking and listening requirement.

There is a requirement to show that she is resident in the UK; though for a British citizen the doctor or whoever may assume that this is so.

However, to register anyone, except a new born or new UK resident, the practice will want either her NHS number or the name and address of her previous GP; neither of which she will have as she is living abroad.

The practice may ask why her mother is not registering too, and will wonder why all three of you arrived together, but whilst you and your daughter intend to settle in the UK you wife, her mother, is only visiting!

Pretending that she is a resident and so receiving NHS treatment when in fact she is not is breaking the rules. The consequences of being caught doing so, I do not know; but I suspect at the least they would include repaying the full cost of any treatment received.

Better to take out adequate health insurance for you, your wife and your daughter rather than hope to get away with abusing the system; even if the system does appear to be unfair to some.

Note: Last time I was there - about 8 months ago, there were definitely people filling in paper forms by hand and still being allowed to apply.....

If memory serves, the change to online forms only was about 6 months ago.