7by7

Sorry you've not had much in the way of objective replies, but had you sought advice before making the visit visa application someone might have told you that it would have a poor chance of success, because having previously sought a settlement visa and been refused, any subsequent visit application is likely to carry little credibility because there is an increased likelihood that the applicant will not go home at the end of the visit. That may apply to any further application made in the near future

He did, in two different threads! Both VisaPlus and myself told him that any visit application by her while her settlement appeal is outstanding had little chance of success for the reasons you state.

Kobrien, based on what you have said in other threads, her settlement application failed because you did not provide sufficient evidence of your finances. You have appealed that refusal and, hopefully, made good that shortfall in the appeal evidence. Remember, though, that the appeal will only judge whether the refusal was correct based on your and your wife's circumstances at the time of the initial application. You can submit and they will consider new evidence pertaining to those circumstances, but any change in your or her circumstances since the original application and refusal will not be considered.

I know that it is frustrating, many of us have also suffered the pain of separation whilst awaiting a visa. However, continued attempts to obtain visit visas for her will, in my honest opinion, only confirm the ECOs' belief that having been refused a settlement visa she is now trying to bypass the settlement rules by entering the UK with a visit visa and then staying.

Don't buy the land, save your money for when she and you baby do finally arrive in the UK to live.

This may seem like a long separation, but remember that you are planning for a lifetime together.

http://www.youtube.com/watch?v=wTFysErQEHg&feature=related

There is no reason why she cannot apply for settlement immediately she returns to Thailand. The "maximum of 6 months out of 12" convention (not rule) applies to time spent in the UK as a visitor, not settlement.

She will need to tell the IoM when booking her TB test that she is pregnant; they may do a sputum test instead of an X-ray.

If you have the time, she could take her English test in the UK before returning next month; this will save you time once in Thailand.

You'll get better responses in the marriage and divorce forum, I think.

Is she in Thailand or Switzerland?

Is the father in Thailand or Switzerland?

The UKBA, for some reason, no longer provide a check list as such. You should provide evidence of your relationship; marriage certificate obviously but also evidence of contact if you have been living apart or evidence that you live together if you do. You should also provide evidence of your finances and the accommodation available to you in the UK.

The TB certificate is still required, see Tuberculosis testing in Thailand.

With respect to Jack31 and others, the pinned information is a bit out of date. I do intend to provide more up to date info in a new pinned thread; when I can find the time!

The "idiotic two week "love affair" applications" tend to fail anyway.

I have no objection to paying a fee for processing a visa or LTR application, I do not see why the tax payer should fund it for me. I do object to the fee being way above cost.

£5000 for a settlement visa would put it way out of reach for many people.

It seems that you think only the rich should be allowed to marry a foreigner and have their spouse live in the UK with them!

At the current fee levels, the total cost from initial visa through to naturalisation is already about £3000; but at least it is spread over three or more years.

Much of his has already been answered for you here.

As your wife has been living in Belfast since 2007, one has to wonder why you have not applied her sons to join you before now.

She cannot re-enter the UK if she has no valid entry clearance, they cannot enter the UK without a valid entry clearance.

But if a settlement visa is refused how is that money covering future costs ?

On the assumption that the application was successful; which consistently over 90% in Bangkok are.

This was 11 years ago. The visa fee doesn't 'cover future costs' any more; you will have to pay again when she applies for Indefinite Leave to Remain.

When Blair and Brown introduced the fees for ILR etc. they did not decrease the settlement visa fee by an appropriate amount; they increased it! The exercise was not to make the fees system more logical or fairer; it was done, and is continued, purely to raise revenue. A tax on immigration.

Test sounds ok, it's on the approved list. Remember that if she fails the reading and writing bits it doesn't matter, as long as she gains at least A1 in the speaking and listening.

I've amended your topic title to show you are asking about the UK.

would love to know how much the Embassy makes in profit from all of these Visa applications and travel documents !

Simple; the embassy makes zero, zilch, nada, sweet FA.

The fees are set by the government, and any surplus after costs is kept by the treasury.

When my wife and step-daughter applied for settlement in 2000 I asked at the embassy why a settlement visa was so much more expensive than a visit one. I was told that it was because the cost of a settlement visa included the cost of processing any later in UK applications such as ILR; which seemed logical. When my wife and step-daughter applied for ILR there was no fee. If I recall correctly, at that time all in UK applications were free!

Then Blair and Brown saw a money spinner. They raised the out of UK fees and introduced new, high in UK fees. They also decided that all these fees should be raised at least once a year by amounts well above inflation.

Despite vociferous objections to this at the time from both the Tories and LibDems, the coalition government has continued this policy.

Even the governments own figures show that the fees charged for most visas and leave to remain applications are way above the actual cost of processing the application.

It would help you get relevant replies if you were to sat which country you are asking about.

As you mention TB and ESOL tests the assumption is you mean the UK; can you confirm, please?

If it is the UK, then an ESOL test is not required for a spouse settlement visa. What is required is a speaking and listening qualification from an approved provider equivalent to, or better than, level A1 (Basic Speaker) of the Common European Framework of Reference (CEFR). A written ESOL test is not acceptable as it does not include a speaking and listening element. See English language requirement.

Full details of how to apply, plus Christmas closures, can be found at UK Border Agency in Thailand.

Both Ireland and Thailand allow dual nationality.

BTW, I've added a sub heading to the topic title to make what you wish to know more clear.

Too many to pick a favourite as such; but this is a great song and also Moon's last appearance.

Keith Moon, John Entwistle; R.I.P.

I'd better include this as well:

http://www.youtube.com/watch?v=3dPSwJEK5j0

Not a very good video! But the best sound quality I could find.

We are not talking about parallel parking here which is totally different and yes, the best to do that is reverse into the parking space ,,, we are talking about parking in parking lots such as the ones in Big "C", Makro etc.........

Baffled, I was always taught in driving school to reverse into parking slots.

I used to be a driving instructor in England, and the recommended way of parallel parking in the UK is to drive in forwards if the space is big enough (at least twice the length of your vehicle), reverse in if smaller (less than twice the length of your vehicle). If in doubt, reverse in. Driving in is obviously quicker and so more convenient for other road users, but as mentioned by another poster, if the wheels doing the steering are pushing the vehicle (i.e. you're reversing) you can do far tighter turns and so get into smaller spaces than if they are pulling (i.e. driving forwards).

If parking at a right angle, e.g. in a car park, then the safest way is to reverse in and drive out. If reversing out, your visibility is obscured by the vehicles parked either side of you. it is also, usually, quicker to reverse in than to reverse out. Always drive slowly through or round a car park; many times, in the UK, I have been forced to stop suddenly as cars back out of a space without looking!

Both parallel parking and right angle parking are included in the UK driving test. If asked to do either the examiner would specify that you are to reverse in and if you couldn't or drove in forwards you would fail.

She can not apply for ILR because she does not have "Leave to Remain" under the Immigration Rules, her status derives from EEA Regulations.

To expand, if I may.

As you used your Irish nationality to obtain an EEA permit for her then she cannot now switch to the UK immigration rules.

This means that she has to be resident in the UK for 5 years before she can obtain permanent residence under the EEA rules and then have held PR for at least 12 months before she can apply for naturalisation as British. Making a total of at least 6 years residence in the UK before she can apply for British citizenship and a British passport. In addition, she must have been physically present in the UK on the exact date 5 years prior to applying for British citizenship and during the intervening five years have spent no more than 450 days in total out of the UK with no more than 90 days in the final year.

If she leaves the UK for an extended period, such as a year, then she will need to obtain a new entry clearance to return; either an EEA permit or a UK settlement visa. Be aware, though, that recent changes in the EEA regulations mean that dual Irish/British nationals who have always lived in the UK and never lived in the Republic are officially no longer able to use their Irish nationality to obtain EEA permits for their non EEA family members. The UK government are aware of this change in the regulations, but have yet to implement them.

Had she entered under the UK immigration rules then she could have obtained ILR after 2 years in the UK and, as the spouse of a British citizen, British citizenship after three years in the UK; so would now have a British passport and this would not be an issue.

Obviously being able to use your dual nationality to obtain a free EEA permit for her has a huge advantage over having to pay the UK visa and leave to remain fees; but there are disadvantages as well.

I do not know enough about Irish nationality laws to comment on that.

Mister Fixit,

If you have been living together in a relationship akin to marriage for the last 4 years then she does qualify as your unmarried partner.

As said earlier: if she enters as a spouse or unmarried partner then she can work immediately, but if she enters as a fiance then she cannot work until after the marriage and she has FLR.

To obtain residency in another EEA state for your wife under the EEA regulations, you would have to be exercising an economic treaty right there; employed, self-employed, studying or living on independent means. Living off your pension would qualify for this. Although this would, in some ways, be easier to obtain than a UK settlement visa, and free, you would still need to show that you have the funds to support yourselves without claiming public funds in whichever EEA state you chose.

She will be able to work in that state.

One advantage is that after exercising your treaty rights in another EEA state for a period (no minimum is specified) you could then move to the UK and your wife could apply to accompany you under the EEA regulations, not the UK immigration rules.

If you followed the EEA route it would take 5 years for your wife to qualify for permanent residency as opposed to two years to qualify for Indefinite Leave to Remain (essentially the same thing) in the UK under the immigration rules.

I say 'wife' as fiance's do not qualify under the EEA regulations; unmarried partners do, but each state has a different definition of what constitutes an unmarried partner. If you want to follow this route, it would be lot simpler if you were married.

This is the guidance issued to UKBA staff. Although different member states have different procedures, the rules and regulations are the same for all, so it will give you an idea of what's involved. For the specifics you should check with the state you do decide to live in; if this is the way you want to go.

Yes, but you need to specify on the application form whether you want a single entry, 2 entries or multiple.

Forgot to add that the government are currently considering proposals that those sponsoring a settlement visa for their partner should have a minimum pre tax income. The figure suggested is between £18,600 and £25,700.

These are just proposals at the moment, and no one can say when, or even if, they will be introduced.

But you should bear this in mind.

See this topic for more on this.

1) I am meeting the wrong sort of ex-pats

or

2) Others are too darf to recognize a hooker (or ex-hooker) when they see one.

Implies all, does it not?

But if that is not what you meant, fair enough.

If you believe that all ex pats, except you of course, are married to or in a relationship with an ex hooker, then you are definitely meeting the "wrong sort" of ex pat!

How a couple met and their activities before that, or even after, are their concern, not anyone else's.

I'm not a Christian, but was raised as one and I do agree with:

Judge not, lest ye be judged

Let he who is without sin cast the first stone.

62% no sinsot

73% never sex worker

Geez guys, are you lying to yourselves or lying to everyone else?

Either that or they are in self denial.

Or, more likely, telling the truth.

I once read, in a Lonely Planet guide book I think, that it is important to remember that whilst it is true 5% of Thai women between 20 and 35 work in some way in the sex industry, this means that 95% do not!

A fact some members here would do well to remember.

I trust that those who say they could never marry a former prostitute have never in their lives partaken of the services of same. Otherwise they are surely being somewhat hypocritical; "it's ok for me to buy sex but not for her to sell it." Without men willing to buy sex, the oldest profession would not exist!

My view is that if both parties are aware of and accept each others past, that is up to them; it is no business of anyone else.

Indeed.

If she wishes to remain in the UK indefinitely without paying for expensive FLR applications every two years then she must obtain ILR.

Citizenship is optional; although obtaining it does have some advantages.

1. Visa free travel throughout the EU and to other countries where Thais need a visa but Brits don't.

2. If you ever decide to live in Thailand then living outside the UK and using ILR just for visits is not, strictly speaking, allowed. If it became apparent to an immigration officer at her port of entry to the UK that this is what she was doing, then her ILR would be canceled; although she would be allowed in as a visitor on that occasion. Furthermore, if she spent a continuous period of two or more years out of the UK then her ILR would lapse and she would need to obtain the appropriate visa to enter the UK again. Once granted, citizenship cannot lapse and she, like any other British citizen, would be free to leave and enter the UK as often and for as long as she wished.

3. British citizenship will allow her to take a full and active role in her new home. This includes voting in elections and standing for public office, e.g. your local council, even Parliament, if she so wished.

4. Hopefully never applicable to her, but ILR can be canceled and the holder removed from the UK if they are convicted of a serious criminal offence; any conviction resulting in a prison sentence could result in this. British citizenship obtained via naturalisation can only be removed if convicted of a very serious criminal offence such as terrorism or treason.

It is not two options; ILR or citizenship.

She cannot apply for citizenship unless she has no time restrictions on her stay in the UK, i.e. ILR!

To apply for ILR, see Completing application form SET(M).

Once she has ILR and satisfies the other requirements, she can apply for citizenship; see the link in my previous.

Congrats on her pass.

If you just want to do a visa run, use a visa-run company. You'll be taken care of.

If you want to enter Cambodia, I suggest to get an eVisa online. Must less hassle to get a visa at the border, which of course is possible too.

In another thread, which is active now, it has already been discussed that you will have to enter Cambodia and not just walk around the Thai immigration booth via no-mans-land.

And did you notice WHO started that thread????? and when?

Indeed, so this one is closed.

Please do not post multiple threads across the forum asking essentially the same question.

To qualify for settlement as your unmarried partner the two of you need to have been living together outside the UK in a relationship akin to marriage for at least the last two years, and have documentary evidence to prove it. an unmarried partner visa is valid for 27 months and after living in the UK for 24 months she can apply for Indefinite Leave to Remain.

If she doesn't qualify as an unmarried partner she can apply either as your fiance or your wife.

A fiance visa is valid for 6 months, and she must enter the UK during that time, marry you and then apply (and pay for) for a 24 month extension known as Further Leave to Remain. At the end of the 24 months she can apply for ILR.

A spouse visa means that you are already married. it is valid for 27 months and after 24 months in the UK she applies for ILR.

If she enters as a spouse or unmarried partner then she can work immediately, but if she enters as a fiance then she cannot work until after the marriage and she has FLR. Because of this, and the extra application and fee involved, I would not recommend a fiance visa unless you have strong reasons for marrying in the UK rather than Thailand.

For more, see the relevant section under Settlement.

Whichever category she chooses, she will need to obtain a TB certificate and show that she meets the basic speaking and listening English language requirement.

More details of how and where to apply can be found on the UK Border Agency in Thailand website.

In order to be successful she will need to show that she will be adequately maintained and accommodated without recourse to public funds.

Maintenance can be provided from the resources of the applicant (her), the sponsor (you), a third party or any combination of these. Whoever is contributing towards her maintenance must produce evidence that they have the resources to do so.

Although she will be unable to receive most public funds until she has ILR, you can claim any and all to which you are entitled; though you cannot claim any extra due to her living with you. The exception is tax credits. HMRC rules say that a married couple must make a joint claim for these, so if you are going to claim them then her name not only can, but must be included.

However, as you are currently living in Thailand, my opinion is that any application from her which relied on funds you may be able to claim once in the UK would probably fail. ECOs are not qualified to assess whether any such claim would be successful or not; they want to see that such monies are already available to you.

Her, and your, employment prospects in the UK can also be considered, and you should provide as much evidence of these as possible. A definite job offer would obviously be best.

Accommodation can also be provided by a third party; your mother? The person offering accommodation will need to show that they have the power to do so, i.e. either own the property or if renting have their landlord's permission, and that there will be at least one room available for the exclusive use of you and your wife.

See Maintenance and accommodation.