7by7

There is no fixed amount of time one is allowed outside the UK whilst qualifying for ILR. However, when she makes her ILR application she will need to show that she is a UK resident, which may be difficult to do if she has spent the previous year in Thailand. There is some discretion dependant on the applicants circumstances, but it may be better to avoid relying on this if you can. Obviously she will need to be in the UK when she makes her application.

Remember that she will need to pass the Life in the UK Test or an ESOL with citizenship course in order to qualify for ILR and she can only do this in the UK

If for some reason she does not qualify for ILR she can apply for FLR instead, which lasts a further 2 years, she wont need the LitUK qualification for FLR. However she will still need to show that she is definitely a UK resident.

It may be better if she is going to spend this long in Thailand to let her SV lapse and then start again with a new SV when she is ready/able to take up UK residence full time.

One other point to bear in mind is when (if) she applies for British citizenship there will be a definite residential requirement. She must have been physically in the UK on the exact day 3 years prior to them recieving her application and she must have spent no more than 270 days in the last 3 years out of the UK, with no more than 90 days in the final year.

At the moment the UK visa application centre and the visa section at the embassy are both operating normally.

With the application do we need to give original copies of our birth certificates? or do we only need them to obtain the marriage cert?

As you can see from the list of supporting documents, birth certificates are not required.

As they are coming to the UK to take up permament residence then they are entitled to full NHS care and treatment. This will include any necessary vaccinations for the child.

See Are you taking up or resuming permanent residence in the UK? from the Dept of Health.

Can i just say only one company i know of Siam of Orchid are OISC registered and in fact have an office in Epsom and in Bangkok

There is no 'Siam of Orchid' on the OISC register. There is, though, an 'Orchid of Siam' listed and they do have an office in Epsom.

Typo?

Another company on the register is 'Thai Visa Express' with offices in Cleethorpes and Pattaya.

P.S. Is there some way to qualitatively compare the screening process there in BKK vs. embassys in other countries?

The Dept. of Homeland Security does produce a Yearbook of Immigration Statistics which, among other data, does show tables of Temporary Admissions (Nonimmigrants) by various categories, including Country of Citizenship.

Unfortunately, they only show the numbers admitted and not the total number of visas applied for, accepted and refused. (Which the UK figures do show.)

Another company to avoid is Easy Visa in Pattaya. In fact I would advise against using a Thai based company altogether, even if run by a Brit.

The application is being made to the British embassy. The decision will be made according to British immigration law. Therefore it is common sense to use an adviser who is qualified and regulated in the UK. This means either a specialist immigration solicitor or an OISC qualified and registered adviser (I've heard good things about Davis Khan.) If any Thai based company says that they are UK qualified or have offices in the UK ask to see their OISC registration or other legal qualification and then check with the relevent organisation that they are telling you the truth and are qualified before parting with any money. A legitimate company will have no problem with you doing this. See my previous post on this.

with the greatest of repect to you charlie, if she was to go in for an interview and say i was a prostute in a bar ( im not saying for one moment she was ) then i should think she was in for a pretty hard time in getting a visa. and also i find your comments about the majority of thai wifes in the uk extremly offensive.

My comments about the majority of Thai wives in the UK?? <deleted> are you talking about? I have a Thai wife. I think you are mistaking me for someone else. Apology please....

It was me, actually. However, I did not say that the majority of Thai wives in the UK are ex bar girls, but some are.

Ex bar girls do get visas; liars don't!

the fact that you met in pattaya does not bode well

Why? Because they may think she was a bar girl? No disrespect intended to anyone here, and I am not implying anything about the lady in question, but if ex bar girls didn't get visas there would be far fewer Thai wives living in the UK than there actually is.

they could ask her things like what are your husbands parents name

I remember reading on a different forum a poster saying that his wife was asked this. Her reply was along the lines of "I don't know, he calls them Mum and Dad.' She got her visa.

The most important thing to remember both in the paper submission and any subsequent interview (if one is required) is:- tell the truth!

Firstly, forget about that refusal thread. The decision in that case was obviously perverse and most likely overturned at, or before, appeal. Many people, myself included, have obtained visas for their spouse/fiance when they will be living with the sponsor's parents.

If the application is sufficient to decide on the paperwork alone then you should have the result within 2 to 5 working days. However, if an interview is required then the wait for this could be up to 3 months. So prepare properly!

You mention an agent. Please be aware that many so-called agents in Thailand are, at best, incompetent. Some of these are run by British nationals. There is one well known agent in Pattaya whose website is full of lies. These people are fine if the application is simple and straightforward, but as soon as any complication arises they show their incompetance.

If you do employ the services of an agent please follow the advice on the embassy website and use one who is qualified and registered and regulated in the UK

If you need help with your application or advice about the UK's immigration rules and requirements, you should seek advice from a qualified immigration adviser. In the UK these are immigration advisers regulated by the Office of the Immigration Services Commissioner or legally qualified professionals regulated by designated professional bodies. Their websites are:

Law Society of England and Wales

Law Society of Scotland

Law Society of Northern Ireland

Institute of Legal Executives

Use of visa agents

There are a number of visa agents in operation throughout Thailand, prospective applicants may choose to use them in order to support or prepare their entry clearance application. It is important to note that these agents are in no way whatsoever connected to the Embassy. They have no influence over the outcome of an application. Our outsource partner, VFS Global, operates from the UK Visa Application Centre. Their staff are clearly identifiable by their uniform.

Any decision to utilise the service of an agent is entirely at the applicants discretion.

"I'm assuming its ok to mention about her finding work when she's here in the letters?"

Yes, as she is entering as your spouse she is allowed to work immediately.

"Can anyone foresee there being any problems that I still live at home with my parents? Our house is plenty big enough, we have our own double size bedroom, and the full run of the house"

None at all, but you must get a letter from them inviting the two of you to stay and confirming that there is at least one room available for your exclusive use. Evidence that they own the property, e.g. a mortgage statement, is useful; or if they rent then a letter from the landlord granting you permission to live there.

"Do we need to mention anything about the plans we have when she's in the UK like we had to in the visit visa?"

Not necessary.

"I'm assuming there is no need to give a reason for her return to Thailand like in the v.v?"

Correct, she's Coming to the UK to live so doesn't need a reason to return to Thailand.

"Do we need to mention anything about the wedding ceremony or us being married? as we are having our ceremony after we hand in the application, we can't really give any details. So is the marriage certificate all they need?"

The Ampur registration is the legal marriage under Thai law, so it is this that the embassy recognise. Your marriage certificate is proof of this and all that is required. However, it wont hurt to state that you intend to have the ceremonial marriage on xdate.

"And I've read somewhere about giving original documents of mortgage statements and what not. For the v.v we just provided copies. Is that ok still?" Originals are preferred. If you do provide copies then attest them as follows: "I certify that this is a true copy of ........"

Explain in your sponsor's letter that you use a PAYG phone (very expensive for a call from the UK to Thailand, surely?) If you use international phone cards, enclose a couple if you have them. Also print out any e-mail headers you may have and explain in your sponsor's letter that you mainly chat via MSN messenger.

Don't worry about this, it is a situation the embassy are used to seeing.

For your sponsor's letter, firstly introduce yourself. Then a brief history of the relationship; when and how you met, how many times you have visited her in Thailand, when you decided to marry and why you both wish to settle in the UK. Then a simple list of the supporting documents you are enclosing together with any clarifying notes (as per above for contact). Finish off with any further points you wish to make in support of the application.

Be brief, concise and to the point. The visa officer doesn't want to wade through a novel!

The sponsor and applicant need to show that they can support themselves in the UK without recourse to public funds. This means that all the sponsor's and the applicant's financial commitments will be considered, including any financial dependants the sponsor may have in the UK.

See Chapter 9 - The maintenance and accommodation requirements for more details.

Chapter 13 - Settlement : Fiance(e)s, proposed civil partners, spouses, civil partners, unmarried and same-sex partners may be of use to you too.

ring ring, Hello,UKVAC, hello im asking about VV app no 83443.... did my GF get Visa? No, sorry, you need to re-apply!

WHAT,IVE SPENT 2 WEEKS PREPARING THE PAPERWORK, WHAT THE hel_l IS GOING ON HERE-- -- blah blah .... blah ect,

I would think thats the main reason for not telling you on the phone,

Actually the only reason the VAC don't tell you on the phone is because they can't; they don't know. Passports etc. are returned to the VAC from the embassy in sealed envelopes as the embassy (quite rightly in my opinion) consider the result and reasons for same to be confidential.

Khastan, congratulations on the visa, I hope she enjoys her stay.