Uk Settlement visa

[Sambo5000]

I would like to take my Laos girlfriend whom I have a son with to stay and live in England, obviously we should be going for the UK settlement visa, but our situation is somewhat unique and circumstances dictate that the visa may not be granted. To save wasting the 1000 pounds for a visa we may be refused, would it be better to go for a visit visa first, follow all the rules and and return to Thailand, after we have gained UK immigration's trust, begin applying for a settlement visa with more confidence?

[theoldgit]

Why do you think you’re girlfriend might be refused?
Do you meet the income requirements, if you’re not married have you been living together in a relationship akin to marriage for in excess of two years, do you have suitable accommodation in the UK?
Is your girlfriend likely to pass the simple spoken English test?
If you don’t meet the requirements a visit the the UK isn’t going to change that, it’s not about trust it’s about meeting the requirements.


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[brewsterbudgen]

I married my Lao girlfriend in the UK - she was on a Marriage Visitor visa. As the Oldgit says, apply for the visa you need. Lao citizens can apply in Bangkok and as long as you and she meet the requirements of either the Visitor visa or Settlement visa, there should be no issues.

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[Sambo5000]

1 hour ago, brewsterbudgen said:

I married my Lao girlfriend in the UK - she was on a Marriage Visitor visa. As the Oldgit says, apply for the visa you need. Lao citizens can apply in Bangkok and as long as you and she meet the requirements of either the Visitor visa or Settlement visa, there should be no issues.

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I think we will go for the marriage visitor visa, last two times applying were a unsuccessful. Now we have a son together who is naturally half UK with a UK passport, do you think the chances are better?

[magicroundabout]

Sambo what visa did you apply for before and why was it rejected. If you are applying for the same visa again and haven't addressed the issues you are likely to get the same answer. As far I'm aware having a child together won't increase your chances. Do you meet the requirements that were posted by the old git? 

[brewsterbudgen]

I think we will go for the marriage visitor visa, last two times applying were a unsuccessful. Now we have a son together who is naturally half UK with a UK passport, do you think the chances are better?

A Marriage Visitor visa has all the same requirements as a general Visitor visa, i.e. a good reason why she will return to Thailand after the marriage. Plus you have to provide evidence that you will get married, like email confirmation from a Registry. You'll still need to address all the reasons why any previous visas were denied.

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[Sambo5000]

Thanks all, one issue on the previous application was proof of the wedding booking, I provided the email booking but apparently they weren't satisfied with it. Is UK immigration sensitive on visit length? In the first application we said a trip of 3 months was planned, in the 2nd application 2 months, they highlighted this on the 2nd refusal letter. She is unemployed with no assets in Thailand, were living together in Bangkok, she's on 30 day exempt visa's. Although they acknowledge that my parents will meet the cost of visit they are concerned that I'm not employed in Thailand and have no reason to return. They really want to see that our relationship is genuine, on the previous application we sent a bunch of dated pictures of us together along with a letter from me outlining our relationship, they weren't satisfied with this. Although my parents have traveled out here and met her, they aren't satisfied that they have a genuine relationship.

 

 

[7by7]

If the intention is to live together in the UK, why are you considering a visit visa?

 

As theoldgit says, regardless of whether or not she gets a visit visa first, she will still have to meet the requiremts for settlement in order to live in the UK. 

 

Remember, too, that a visit visa, even a marriage visit visa, cannot be converted to settlement in the UK; she will have to return to either Laos, her country of nationality, or Thailand, her country of legal residence, in order to apply for settlemen.

 

If you do not meet the criterion as unmarried partners, living together in a relationship akin to marriage for at least the previous two years, and so wish to marry so she can apply as your spouse, why not marry in Laos or Thaiand so she can then apply for settlement as your spouse? Save the cost of a return trip Thaiand to UK.

 

As theoldgit asked; why do you think a settlement application could be refused? Previous visit applications, successful and unsuccesful, are basically irrelevent in a settlement application; the criteria are different.

 

But, you say that you are not employed in Thailand. Are you employed in the UK? If not, how do you live? Unearned income? Savings?

 

You must be able to meet the financial requirement in one way or another or any application she makes for settlemnt will be automaticaly refused; and, unlike a visit, third party financial support, such as from your parents, is not allowed for settlement applications.

 

If you don't currently meet it, then I'm afraid that you will have to do what many couples have done and return to the Uk, find a job paying at least £18,600pa and be in that job for at least 6 months before she can apply for settlement.

 

In which case a visit visa so she can spend that 6 months with you and your son is an option; provided you can convince the decision maker that she will return to Laos or Thailand at the end of the 6 months to apply dfor settlement there and not simply remain in the UK illegally.

 

 

 

[Sambo5000]

13 hours ago, 7by7 said:

If the intention is to live together in the UK, why are you considering a visit visa?

 

As theoldgit says, regardless of whether or not she gets a visit visa first, she will still have to meet the requiremts for settlement in order to live in the UK. 

 

Remember, too, that a visit visa, even a marriage visit visa, cannot be converted to settlement in the UK; she will have to return to either Laos, her country of nationality, or Thailand, her country of legal residence, in order to apply for settlemen.

 

If you do not meet the criterion as unmarried partners, living together in a relationship akin to marriage for at least the previous two years, and so wish to marry so she can apply as your spouse, why not marry in Laos or Thaiand so she can then apply for settlement as your spouse? Save the cost of a return trip Thaiand to UK.

 

As theoldgit asked; why do you think a settlement application could be refused? Previous visit applications, successful and unsuccesful, are basically irrelevent in a settlement application; the criteria are different.

 

But, you say that you are not employed in Thailand. Are you employed in the UK? If not, how do you live? Unearned income? Savings?

 

You must be able to meet the financial requirement in one way or another or any application she makes for settlemnt will be automaticaly refused; and, unlike a visit, third party financial support, such as from your parents, is not allowed for settlement applications.

 

If you don't currently meet it, then I'm afraid that you will have to do what many couples have done and return to the Uk, find a job paying at least £18,600pa and be in that job for at least 6 months before she can apply for settlement.

 

In which case a visit visa so she can spend that 6 months with you and your son is an option; provided you can convince the decision maker that she will return to Laos or Thailand at the end of the 6 months to apply dfor settlement there and not simply remain in the UK illegally.

 

 

 

Thanks 7x7

 

Going for the visit marriage visa because we simply don't yet met the criteria for a settlement visa yet.

 

As far as I know, she being Laos makes a marriage in Thai difficult because of the laws here.

 

I've been living off savings for the past year, I will be looking for work in Thailand so we can keep our options open. We will begin applying for a visit marriage visa, if We can go to UK I will be busy getting into a position to meet the financial requirements.

 

So we are hoping to get a visit visa, any advice on this greatly appreciated. As I say, she has no assets here in Thailand, no savings or job, but we have a son together who is lawfully a British citizen. I've read that they sometimes grant visa's based off the strength of a genuine relationship with a lawful UK sponsor.

 

 

[bobrussell]

It is very rare for a visa to be issued based on 'special' circumstances. Having a British citizenship child will make no difference to getting a settlement visa. Lots of families have dual nationality children.

If your aim is to work in the UK to meet the financial requirements and at the same time get married then a marriage visit visa may be appropriate but you will need to make it clear that you understand your wife will have to return to Thailand to apply for settlement. 

If you have a job lined up then by all means provide details to show what your intention is.

It is not possible to have a financial guarantor for a visitor if that is what you mean by a lawful UK sponsor but of course someone can provide help with the visit costs.