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Laos gf Uk permanent

Sambo5000
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Sambo5000 Senior Member

Sambo5000

Posted
Posted

I want to move back to Uk with my Laos girlfriend of 5 months.... Willing to marry.

 

What would be the best way to do this? Where to begin?

 

My current plan is to get her a Uk tourist visa, take her to England and marry... Then go on from there...

 

Really ive not much knowledge in this area. Anyone with some expereince, your advice would ne most helpful.

 

We currently reside in Bangkok.

 

Sent from my SM-J105B using Thailand Forum - Thaivisa mobile app

 

 

theoldgit Star Member

theoldgit

Posted
Posted

IT doesn't matter what nationality your girlfriend is, the rules are the same for all visa nationals.

You say you want to move back to the UK with your girlfriend is that what she wants, does she want to live there permanently?

I don't want to sound pernickety, but you can't get her a tourist visa, she has to apply and satisfy the decision maker that she's a genuine visitor, the trip is affordable and that on the balance of probabilities she would leave the UK at the conclusion of the visit, she can't marry you on a visit visa and remain in the UK.

If you both really want to marry and live in the UK you have a couple of options settlement or marriage visas.

For a settlement visa you would need to be married, if you'd lived together in a subsisting relationship for more than two years, she could apply for a settlement visa as an unmarried partner, but that's not for you. As her sponsor you would have to meet the financial requirement, currently £18,600, and provide evidence of accommodation in the UK. With her application fee, in the region of £1,000, she would also need to pay an NHS surcharge of about £600 and pass a spoken English test and provide evidence that she's clear of TB.

For a marriage visa she would be issued with a visa which would allow her to marry in the UK and once married she could apply for Further Leave to Remain (FLR) all the fees and test mentioned earlier would then apply.

Using either route FLR would need to be obtained again after 30 months, the same fees and a higher level English test, and after a further 30 months she can apply for Indefinite Leave to Remain.

7by7 Star Member

7by7

Posted
Posted
6 hours ago, Sambo5000 said:

My current plan is to get her a Uk tourist visa, take her to England and marry... Then go on from there...

As theoldgit says, a visit visa is not suitable for your purpose.

 

Firstly, she cannot get married in the UK if she is in the UK as a tourist with a standard visit visa.

 

People who wish to visit the UK in order to marry need a marriage visitor visa.

 

But neither visa allows switching to settlement inside the UK. So she would have to leave the UK at the end of her visit, return to Thailand and apply for settlement there.

 

I would recommend marrying in Thailand and then she applies as your spouse. The marriage visa, also called a fiance visa, theoldgit mentions involves, as he says, and extra in UK application and fee once the marriage in the UK has taken place.

 

A spouse settlement visa is valid for 33 months, and after living in the UK for 30 months she applies for an extension, known as Further Leave to Remain.

 

See the relevant parts of Family visas: apply, extend or switch. 

 

FLR is valid for 30 months, at the end of which she applies to settle in the UK indefinitely; known as Indefinite Leave to Remain.

 

At each application stage, the financial requirement must be met. If meeting it through earned income, only yours can be used for the initial application; but for FLR and ILR her earned income, if any, can be used either alone or in combination with yours.

 

6 hours ago, Sambo5000 said:

We currently reside in Bangkok.

Presumably she is legally resident in Thailand with the appropriate visa; otherwise she will not be able to apply for a UK visa in Thailand, but will have to do so in Laos.

 

 

  • Like 1
brewsterbudgen Diamond Member

brewsterbudgen

Posted
Posted

Marrying a Laotian in Thailand is difficult as getting the Affirmation of Freedom To Marry from the Laos Embassy means facing the same difficulties and costs you'd face marrying in Laos. I married my Lao girlfriend in the UK, while she was on a Marriage Visitor visa. However we have no plans to live in the UK as my job is in Thailand.

7by7 Star Member

7by7

Posted
Posted
1 minute ago, brewsterbudgen said:

Marrying a Laotian in Thailand is difficult as getting the Affirmation of Freedom To Marry from the Laos Embassy means facing the same difficulties and costs you'd face marrying in Laos

 In which case, maybe the extra cost of going the fiance visa route would be worthwhile?

  • Like 1
7by7 Star Member

7by7

Posted
Posted
9 minutes ago, steve187 said:

settlement visa is now £1464, fees here - http://www.fergusonsnell.com/news/uk-immigration-update-20172018-home-office-fees-announced/

 Sorry; old news.

 

The fees increase was announced by the Home Office in February, and came into effect from 6th April.

 

Home Office immigration and nationality fees from 6 April 2017: PDF format.

 

Fees usually increase annually, so the next increase should be effective April 2018.

 

 

Sambo5000 Senior Member

Sambo5000

Posted
  • Author
Posted
Marrying a Laotian in Thailand is difficult as getting the Affirmation of Freedom To Marry from the Laos Embassy means facing the same difficulties and costs you'd face marrying in Laos. I married my Lao girlfriend in the UK, while she was on a Marriage Visitor visa. However we have no plans to live in the UK as my job is in Thailand.

How easy was it to get the fiance visa? She is currently in Thailand on the standard free visa on entry, is this one ok?

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brewsterbudgen Diamond Member

brewsterbudgen

Posted
Posted

How easy was it to get the fiance visa? She is currently in Thailand on the standard free visa on entry, is this one ok?

Sent from my SM-J105B using Thailand Forum - Thaivisa mobile app


My girlfriend got a Marriage Visitor visa not a Fiancee visa (we had no plans to settle in the UK). Yes, as long as she has a 30 day stamp it's fine, although they will keep her passport for about a week, so you need to apply soon after she's been stamped in for another 30 days.
Sambo5000 Senior Member

Sambo5000

Posted
  • Author
Posted

My girlfriend got a Marriage Visitor visa not a Fiancee visa (we had no plans to settle in the UK). Yes, as long as she has a 30 day stamp it's fine, although they will keep her passport for about a week, so you need to apply soon after she's been stamped in for another 30 days.

Thanks for your info.

How easy was it to get the marriage visitor visa?

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brewsterbudgen Diamond Member

brewsterbudgen

Posted
Posted

Thanks for your info.

How easy was it to get the marriage visitor visa?

Sent from my SM-J105B using Thailand Forum - Thaivisa mobile app


Much the same as getting a Visitor visa, except you need to show that you have made arrangements to marry in the UK (i.e. emails or a deposit paid and a date reserved). The reasons for returning to Thailand are, like with a Visitor visa, crucial.
7by7 Star Member

7by7

Posted
Posted
7 hours ago, Sambo5000 said:

Thanks everyone for your help.

The circumstances have changed a bit now, just found shes pregnant ! emoji5.png

How does this change the situation with regards to visa's?

 It depends on which type of visa she and you are thinking of.

 

For settlement, whether as a spouse or fiance, it should make no difference at all.

 

But for a visit, whether a standard visit visa or a marriage visit visa, it may make it harder. She will have to convince the ECO that she

  1. will not make any attempt to have the baby in an NHS hospital whilst in the UK, and
  2. will leave the UK when or before her visit visa expires.
Sambo5000 Senior Member

Sambo5000

Posted
  • Author
Posted

Much the same as getting a Visitor visa, except you need to show that you have made arrangements to marry in the UK (i.e. emails or a deposit paid and a date reserved). The reasons for returning to Thailand are, like with a Visitor visa, crucial.

Sorry to keep asking, do you have any info on good reasons for returning to Thai? In your situation, can you remember what reasons you and your wife used in your application? Many thanks for your help.

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7by7 Star Member

7by7

Posted
Posted

May I ask why the obsession with visit visas?

 

You said in your OP that the intention is to live together in the UK, and she is pregnant with your child.

 

Why not go for a settlement visa?

 

OK, I understand that her obtaining an affirmation of freedom to marry in Thailand is difficult; but she can apply for settlement as your fiance. Her visa will be valid for 6 months, during which she enters the UK and you marry. Once married she applies for Further Leave to Remain. See the relevant parts of Family visas: apply, extend or switch

brewsterbudgen Diamond Member

brewsterbudgen

Posted
Posted

Sorry to keep asking, do you have any info on good reasons for returning to Thai? In your situation, can you remember what reasons you and your wife used in your application? Many thanks for your help.

Sent from my SM-J105B using Thailand Forum - Thaivisa mobile app


In my situation as I've lived in Thailand for 12+ years with a full-time job, it was easy to show that her reason to return was to live with me and our son. But as 7by7 has said, why not go for the Settlement visa if you plan to live in the UK?
Sambo5000 Senior Member

Sambo5000

Posted
  • Author
Posted
May I ask why the obsession with visit visas?
 
You said in your OP that the intention is to live together in the UK, and she is pregnant with your child.
 
Why not go for a settlement visa?
 
OK, I understand that her obtaining an affirmation of freedom to marry in Thailand is difficult; but she can apply for settlement as your fiance. Her visa will be valid for 6 months, during which she enters the UK and you marry. Once married she applies for Further Leave to Remain. See the relevant parts of Family visas: apply, extend or switch

Does it not require a 2 year or more relationship? Weve been to gether 5 months. Also the cost £1464 seems steep espescially if none refundable. Although if i felt there was a good chance of obtaiming this visa i would go for it.

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theoldgit Star Member

theoldgit

Posted
Posted
Does it not require a 2 year or more relationship? Weve been to gether 5 months. Also the cost £1464 seems steep espescially if none refundable. Although if i felt there was a good chance of obtaiming this visa i would go for it.


It would require that you're either married or had been living together in a relationship akin to marriage for two years or more, so in your case you would need to marry.
As well as the application fee of £1464, which isn't refundable, actually it's more because you have to pay in USD at a rate the benefits the UKVI, you would need to pay an NHS Surcharge of £600, though that is refundable if the application is refused.
  • Like 1
theoldgit Star Member

theoldgit

Posted
Posted
What if she is a fiance?


Yes, but, as 7by7 has pointed out, you need to get married within six months and then apply for further leave to remain if she wants to settle in the UK.
7by7 Star Member

7by7

Posted
Posted

There is no minimum length of relationship required for those applying for UK settlement as a fiance, spouse, prospective civil partner or civil partner.

 

All the rules sate is that the couple must have physically met in person; though they also need to provide evidence that the relationship is genuine and subsisting.

 

It is only those applying as unmarried partners who need a minimum two year relationship. In fact, it's more than that as they must show that they have been living together in a relationship akin to marriage for at least the past two years.

 

 

Sambo5000 Senior Member

Sambo5000

Posted
  • Author
Posted
May I ask why the obsession with visit visas?
 
You said in your OP that the intention is to live together in the UK, and she is pregnant with your child.
 
Why not go for a settlement visa?
 
OK, I understand that her obtaining an affirmation of freedom to marry in Thailand is difficult; but she can apply for settlement as your fiance. Her visa will be valid for 6 months, during which she enters the UK and you marry. Once married she applies for Further Leave to Remain. See the relevant parts of Family visas: apply, extend or switch

I dont meet the financial requirement of £18600 per annum at present.


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7by7 Star Member

7by7

Posted
Posted
12 minutes ago, Sambo5000 said:

I dont meet the financial requirement of £18600 per annum at present.

 I am sorry to hear that; you are not the first and wont be the last victims of this iniquitous requirement.

 

In which case you will need to find a job in the UK which does pay at least £18,600 p.a. when you return and be in that job for at least 6 months before she can apply for settlement as your partner; spouse or fiance.

 

It may be possible for her to obtain a visit visa to be with you for that 6 months; other couples in your situation have been successful in this before.

 

Alternatively, to avoid the difficulties in her obtaining an affirmation of freedom to marry from the Laos embassy in Bangkok or the extra costs of going the fiance route to settlement, then a marriage visit visa would, I think, be better.

 

You can then marry while she is in the UK, so when she returns to Thailand, or to Laos if her Thai visa has expired, she can apply for settlement as your spouse once you meet the financial requirement.

 

The difficulty with a visit visa in your circumstances, whether as a standard visitor or a marriage visitor, is in convincing the ECO that she will leave the UK at the required time and not attempt to use the visit visa to bypass the settlement rules and remain in the UK once it has expired. 

 

Complicated by her pregnancy; she will need to satisfy the ECO that she does not intend to have her baby in an NHS hospital whilst she is in the UK. There is also the consideration that most airlines will not carry a pregnant woman after the 28th week, or 36th week if she has a doctor's letter confirming it is safe for her to fly.

 

Sambo5000 Senior Member

Sambo5000

Posted
  • Author
Posted
 I am sorry to hear that; you are not the first and wont be the last victims of this iniquitous requirement.
 
In which case you will need to find a job in the UK which does pay at least £18,600 p.a. when you return and be in that job for at least 6 months before she can apply for settlement as your partner; spouse or fiance.
 
It may be possible for her to obtain a visit visa to be with you for that 6 months; other couples in your situation have been successful in this before.
 
Alternatively, to avoid the difficulties in her obtaining an affirmation of freedom to marry from the Laos embassy in Bangkok or the extra costs of going the fiance route to settlement, then a marriage visit visa would, I think, be better.
 
You can then marry while she is in the UK, so when she returns to Thailand, or to Laos if her Thai visa has expired, she can apply for settlement as your spouse once you meet the financial requirement.
 
The difficulty with a visit visa in your circumstances, whether as a standard visitor or a marriage visitor, is in convincing the ECO that she will leave the UK at the required time and not attempt to use the visit visa to bypass the settlement rules and remain in the UK once it has expired. 
 
Complicated by her pregnancy; she will need to satisfy the ECO that she does not intend to have her baby in an NHS hospital whilst she is in the UK. There is also the consideration that most airlines will not carry a pregnant woman after the 28th week, or 36th week if she has a doctor's letter confirming it is safe for her to fly.
 

Thanks for your valuable info. We've decided to go the marriage visa route as you say, and just try our best, in your opinion, what are the chances of success?

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7by7 Star Member

7by7

Posted
Posted
14 minutes ago, Sambo5000 said:

she has no savings, how does this look?

Finances for the visit can come from the applicant, her, the sponsor, you, a third party or any combination of these.

 

Whoever is contributing to the costs needs to show that they have the funds available to do so, and if a third party say why they are doing so.  

 

See the supporting documents guide for examples of how to do this. Note these are just that; examples. You don't have to provide all of them!

 

Also from that guide

Quote

Visitor (Marriage/Civil Partnership) If you have been married or in a civil partnership before, you must provide documents to show that you are free to marry or form a civil partnership. (7by7 note; applies to both of you.)
Evidence that arrangements have been/are being made to marry or form a civil partnership or give notice of your intention to this during your visit, such as a letter from a registry office.

 

See also Marriages and civil partnerships in the UK , especially 5. Foreign nationals

 

9 minutes ago, Sambo5000 said:

Thanks for your valuable info. We've decided to go the marriage visa route as you say, and just try our best, in your opinion, what are the chances of success?

Difficult to say for sure. She has to satisfy the ECO that, on the balance of probabilities, your relationship is genuine, that the visit is affordable and that she will leave the UK at the required time.

 

As said, complicated by her pregnancy. She will also need to satisfy the ECO that she does not intend to have her baby in an NHS hospital while in the UK as a visitor.

 

Remember, if she does have her baby in an NHS hospital, or requires any other NHS treatment other than initial treatment in an emergency plus some other exceptions, while here as a visitor she will be charged for it at 150% of the cost. If she leaves the UK without paying, any and all future UK visa applications will be automatically refused until the bill has been paid. See Visitors from outside the EEA (although that is from NHS England, the rules are basically the same for all parts of the UK). . 

 

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