Thai woman with UK passport sponsoring US fiance

[Martin Cillo]

Hi all, I have a situation that is very atypical and would like some input from the knowledgeable members of the forum.

 

My fiancee lived in the UK for 10+ years and holds UK passport, she has lived in thailand the last three years working in a small office. I'm USA citizen, we would like to live in UK 

 

Reading UK visa information and many forum posts I'm figuring out that we have three choices to do this.

1- We marry here in Thailand and she applies for me as husband, but the process seem to be skewed for people living and working in UK, 

2- We travel to UK and she applied for me there for Fiance visa and get married  there and start residence there

3 - we marry here in Thailand and move to any EEA and I apply for local residence then just move to UK ( Brexit timing may not help out)

 

No kids either party.

 

I thought immigration to USA was difficult but this seem to be much harder and very very expensive,  lol

 

I'd appreciate comments, ideas, similar experiences ?

This forum has been a great resource for all kind of fun and useful information. I hope my question helps others.

Thanks in advance. 

 

Edited December 12, 2017 by Martin Cillo
add info

[7by7]

I'm going to take your options in reverse order.

 

On ‎12‎/‎12‎/‎2017 at 3:41 PM, Martin Cillo said:

3 - we marry here in Thailand and move to any EEA and I apply for local residence then just move to UK ( Brexit timing may not help out)

To do this your wife would have to be exercising a treaty right in the EEA member; i.e.be one of the following:-

• student
• job seeker (max 3 months stay unless at the end of that time she can satisfy her host country's authorities that she has a reasonable chance of finding employment in the very near future),
• worker, employed or self employed,
• a self sufficient person of independent means such as a pension.

As a qualifying family member, you would have the right to accompany her.

 

As you say, you could then use the Surinder Singh ruling to move to the UK together; provided you satisfy the requirements; for example

Quote

You must have genuinely made your home in another EEA country. Both of you must prove that:

• it’s been your main residence or base for the ‘centre of your life’
• you’ve lived there together
• you’ve integrated there

As you can see, it is not a matter of turning up in the other state, living here for a few months and then moving to the UK!

 

Of course, all this may be academic as by the time you satisfy all the requirements Brexit could have happened, and Surinder Singh may no longer apply to British citizens and their non EEA national family.

 

On ‎12‎/‎12‎/‎2017 at 3:41 PM, Martin Cillo said:

2- We travel to UK and she applied for me there for Fiance visa and get married  there and start residence there

It is not possible to apply for settlement in the UK whilst here as a visitor. You also could not marry in the UK whilst here as a visitor unless you entered with a marriage visit visa; but even with that you would have to leave the UK when or before the visa expired and apply for settlement in your country of residence (Thailand) or nationality (USA).

 

You could apply for a type of settlement visa known as a fiance visa in Thailand, travel to the UK, marry and then apply after the wedding to remain here; but, apart from being married, the requirements are the same as applying for settlement as a spouse and it is an expensive way of doing things! UK settlement fees and charges are expensive enough as it is, without giving them even more money when you don't have to!

 

On ‎12‎/‎12‎/‎2017 at 3:41 PM, Martin Cillo said:

1- We marry here in Thailand and she applies for me as husband, but the process seem to be skewed for people living and working in UK, 

The simplest. The process is not 'skewed towards people living and working in the UK' as such; but those doing so will find it easier to meet the financial requirement than many returning expats. Unless you and your partner have at least £62,500 in cash savings, you may have to do what many couples do; the Birish partner returns to the UK and finds work paying at least £18,600p.a and after they have been in that job for 6 months the foreign partner can apply to join them. A ludicrous and unfair situation in my opinion; but currently the law.

 

However, a settlement visa is your best option, IMHO; whether you take the fiance route I mentioned above, marry first and apply as her spouse or, provided you have been living together in a relationship akin to marriage for at least the past two years and can prove it, as her unmarried partner.

 

Have a read of Family visas: apply, extend or switch. Note that as a national of a majority Anglophone country, the USA, you will not need an English certificate; but if you apply in Thailand you will need a TB certificate.

 

Once you've read all that, feel free to ask any further questions you may have.