7by7

Excuse me is this a joke! 3.5 years this post smells? why? Because 1. If she left the UK under her own steam after being found to be an overstay. No problem.., If she was escorted under the government costs out of the country, there are time limits before re-entry is permitted unless is has recieved a conviction/ sentance in the UK.

I assume that you are referring to the provisions of Para 320(7B) of the Immigration Rules. However, Para 320(7C) makes it clear that these provisions do not apply when, among other circumstances, the applicant is applying as a spouse under paragraphs 281 or 295A.

Refusals in such circumstances come under Para 320(11), where the 'offence' needs to have been more serious and the refusal can be appealed against.

2, If you are legally married and are in the relationship and can prove with letters email copies if you are seperated now due to refusal to enter. and hang on for 4 years...Then she and you have the automatic right for her to enter the UK.

This is the first I have heard of such an automatic right. I'd be grateful if you would provide more details, preferably with a link to the appropriate part of the Immigration Rules or some other UKBA publication.

There is no reason that she cannot buy land.

At the land office you have to sign a form stating that the money is her money and you will have no claim to the land.

When does this have to be done?

We bought a house last year, but had to leave Thailand before everything was completed so the house is currently registered in my step-son's name.

My wife will be going to Thailand in February and intends to change the registration while there; but work means I cannot go with her.

Can she change the registration now and I sign the form later?

Can I download the form anywhere so I can sign it in the UK and she take it with her?

Should we wait until we both go in August and do it then?

The money was from my father's estate and was willed by him to both of us. It was transferred from our joint UK bank account to my step-son's Thai bank account. Does this meet the requirement that it be her money? Do we need to provide any evidence that it is her money, or will they accept our word?

Thanks.

Actually although he had won the appeal (student visa) before, he never actually ended up going to the UK as the appeal process took so long (1yr) it was time for me to come back to Thailand......

Which sounds like the student visa was merely a ploy to get him to the UK to be with you rather than a genuine desire to study!

This may raise some questions, so I would explain in the covering letter why he did not use the visa and attend the course. A course which was so important to him that he went through a lengthy appeal process in order to come to the UK to do so.

You seem to have everything covered.

She can bring her son to the UK while still on a spouse visa.

Post by Evgen81 moved to new topic here.

I've moved the post above to this new topic. It was originally added to a post on documents and I feel it may get more responses as a topic on it's own.

No Sin Sod is a relic of the past and never should be paid or even shown. Just family bragging to the rest of the village that their daughter caught the golden goose.

Brit I've never been to a westerner marrying Thai wedding but of the myriad of Thai on Thai ones I've attended from both ends of the social spectrum I can't recall sin sod ever not being paid.

My Thai step-son is marrying his Thai fiance in August and he will be paying sin sod. The amount agreed with her parents is actually half that paid by her brother when he married a couple of years ago, so is not affected by his mother being married to a farang.

C'mon mate, look at the pinned topics

http://www.thaivisa.com/forum/Sin-Sod-Expl...ion-t85581.html

totster

I did do a forum search and typed sin sod and it came back with nothing found so blame thaivisa

Thanks for the link

You don't need to do a search for pinned topics, they are listed at the top of each forum main page under Important Topics.

The forum rules state that English is the only acceptable language, except within the Thai language forum, where of course using Thai is allowed.

However, bearing in mind the OP's difficulties with English I think a one off exception can be made to allow the use of French in manarak's posts above. Although PMing the OP with the information may have been the better option.

If any one has any objections to this, please PM me rather than post here.

Post deleted, and a reminder.

The OP and his wife are aware of the previous breaches of immigration law, and are now suffering the consequences. The rules do allow for settlement in situations like this and it is now up to an immigration tribunal to decide if they have a genuine case or not.

Any further posts lambasting the OP for his wife's past misdemeanors will be deemed as flaming and deleted.

Doing so also means that you can use Track and Trace to see if it's been received.

You may find that posting your questions in the Gay People in Thailand forum gets you more answers.

Congratulations, enjoy your future life together.

For residence cards, permanent residence etc, see European citizens.

My apologies for implying that your wife's health was not a concern for you. My remark was meant to be a general one, not directed at any one in particular. My excuse, for what it's worth, being it was late at night after a frustrating day.

As the IOM is a highly respected inter-governmental agency, I assume that one reason the government only accept certificates from them as there is less chance of them being wrong than others. Though as my doctor said to me only yesterday, no doctor is perfect and they all make mistakes!

However, I suspect the main reason being that in some countries it would be very easy to pass an envelope to an unscrupulous doctor and get a certificate without a test.

If in the UK as a visitor the 12 months starts at one's last date of entry.

If in the UK for settlement it starts at the first date of entry for settlement.

So, no.

OK, so by what legal precedent is this legal Thai Amphur registered marriage suddenly recognised as legal and binding in the UK

Foreign Marriage Act 1892

That's not a typo, it is 1892. Not so sudden, methinks.

See Pacte civil de solidarité (PACS)

Has the OP registered their Thai marriage in the UK via the British Embassy?

One cannot register a marriage at the British embassy. I believe that under Thai law the only place to register a marriage in Thailand is at an ampur. Under UK law a legal Thai marriage is a legal marriage in the UK too.

All one can do is use the embassy to deposit a copy of the marriage certificate with the General Register Office (GRO) in the UK. This is not a legal obligation and not doing so does not effect the validity of the marriage under UK law. Most couples don't bother.

Unfortunately, the standard of UK immigration advice on this site is not what it was.

Do you mean since you stopped being a regular contributer?

If so, the solution is simple, come back more regularly. Advice from a qualified professional is always welcome.

I do, though accept that my 'advice' was out of date, as the CoA application guidance notes state

2 QUALIFYING FOR A CERTIFICATE OF APPROVAL

One of the criteria for being issued with a COA is that your current permitted stay (otherwise known as leave to enter or remain) in the UK must be for more than 6 months and you must have at least 3 months of your permitted stay remaining when you apply for a COA. You may still apply if you have permission to stay but it is not as described above, or even if your permitted stay has expired. However, to comply with High Court and Court of Appeal judgments, we may write to you for further information to enable us to be satisfied that your proposed marriage or civil partnership is genuine - see page 4 of these guidance notes.

I can't help suspecting, however, that an application from an illegal entrant/overstayer may result in a visit from enforcement officers with a view to removal!

Apology accepted, tigerfish, no hard feelings.

BTW, I always recommend that when time qualified an ILR holder applies for naturalisation as British. British nationality cannot lapse, no matter how long one stays out of the UK, neither does it ever expire. Both the UK and Thailand allow dual nationality.

Now, back to the topic........

The name change stamp in her passport will not invalidate the visa as there is a clear link.

Renewing her passport would not invalidate the visa. If the expiry date of a visa has not passed then the visa is valid even if the passport it is in has expired. Simply show both old and new passports and if the names are different the marriage certificate/translation of same.

Whatever route you choose, the name on her ticket must match the current name in her current passport.

Maybe the easiest solution would be to delay the name changing until after her visit.

Is the marriage to someone in the UK who is here illegaly, valid. Just curious as I assume the OP and his wife married in the UK. How would that have been possible without all the legal paperwork and visa?

They didn't marry in the UK:

I have only left once and that was to go to Thailand to meet her family and get married.

Appologies forget that was said. I assume the marriage was while the visa was still valid

For information; it would be impossible for anyone who is an overstayer in the UK, or otherwise in the UK illegally, to legally marry in the UK.

Not all visa categories allow the holder to marry in the UK, and in order to do so they would need to present evidence that their immigration status allowed them to or obtain a certificate of approval from the Home Office. Neither of which would be possible were one in the UK illegally.

what so im a liar now!......why would i make something like this up, mr moderator?

No one has called you a liar nor accused you of making anything up. Search the topic.

However, ILR is indefinite and this means there no time limit on a holders stay in the UK; although it can lapse as you describe. I have never heard of anyone, including my wife and step-daughter, having a time limit placed on their ILR, nor can i find anything in the immigration rules or any other UKBA publication to suggest that there is one.

Therefore, I feel that you must be mistaken in your interpretation of the letter.

However, I am prepared to accept that it may be I who is mistaken.

Maybe you could post the letter's contents here or provide a link to the relevant part of the immigration rules or any other UKBA publication to clear this matter up?

Although it seems to me that they might have a set quota that they have to meet each month (UK driving test rings bells).

As an ex driving instructor I can assure you that the UK driving test does not have any sort of quota. I doubt very much that the IOM have a quota for TB tests. What would be the point?

To be frank, were my wife in this position I would be more concerned about finding out for sure that she was free from TB than trying to find another hospital to issue the certificate without further tests!

I find it impossible to believe that the IOM would be involved in the type of scam you are suggesting!

I'm not a doctor but from what I've been told by someone who is, previous negative tests do not preclude a positive test this time.