Applying for a spouse for my Cambodian Partner

[Forkinhades]

I want to apply for a spouse visa for my Cambodian partner, who currently resides in Thailand with my 2 children who have British passports.

 

Do I just do the normal procedure, and apply with the link provided in the 'sticky'

 

Thank you

 

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[theoldgit]

Yes


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[Forkinhades]

How do i apply for article 10 residence card?

[Forkinhades]

I have filled out the application form on line for a 6 month holiday visa, in which time we plan to get married, then apply to extend whilst in the UK.

 

Is this the easiest route, as it seems to be a bit of a minefield.

Will my spouse be required to do the English test? If so is it better to do in Thailand?

[bobrussell]

You cannot extend a visit visa in the UK. The applicant has to apply in the country of residence.

If you intend to marry in the UK and settle immediately then your partner should apply for a marriage visa which is in effect a settlement visa. It is a much more costly route.

There is a marriage visit visa which is pretty much the same as a visit visa but you will need to demonstrate reasons to return to Thailand. This will be tricky if you intend to settle immediately after marriage. 

Unless you are exercising your rights to free movement within the EEA then you cannot use this route for entry to the UK

https://www.gov.uk/government/publications/entering-the-uk-as-the-holder-of-an-article-10-residence-card/entering-the-uk-as-the-holder-of-an-article-10-residence-card

Assuming you are British (as would seem likely if both children have British passports) then you can use this route if moving to another EEA country, not the UK.

The rules are daunting enough if you follow them closely but there are very few, if any ways to by-pass the settlement rules.

 

Edited August 13, 2018 by bobrussell

[Forkinhades]

Thanks for the replies.

I have now got all paperwork to apply for a settlement visa.

TB test - passed

A1 English test - passed

 

As we are not married, I have documents showing a relationship of 10 years, (2 kids age 4 and 9 years), and doctors and school reports.

I initially contacted a lawyer in the UK, who said the application would have to be done in Cambodia, (This is where g/f comes from). Can anybody advise on this? THIS IS MY MAIN CONCERN.

 

Lawyer fees in UK are £950, which although expensive, Im happy to pay this. Anybody want to advise on this?

 

Thank you

[7by7]

7 minutes ago, Forkinhades said:

I initially contacted a lawyer in the UK, who said the application would have to be done in Cambodia, (This is where g/f comes from). Can anybody advise on this? THIS IS MY MAIN CONCERN

 

If she is legally resident in Thailand then she can apply in Thailand.

 

[Forkinhades]

On 10/4/2018 at 8:26 AM, 7by7 said:

 

If she is legally resident in Thailand then she can apply in Thailand.

 

That's good news, so a simple letter from immigration to prove residency, same as applying for a 5 year driving license ?

[theoldgit]

That's good news, so a simple letter from immigration to prove residency, same as applying for a 5 year driving license ?

You could obtain a resident certificate, but the appropriate entries in her passport should suffice.
Is the use of a lawyer really necessary, especially one who has given you incorrect advice regarding such a basic point?

[Forkinhades]

6 hours ago, theoldgit said:

You could obtain a resident certificate, but the appropriate entries in her passport should suffice.
Is the use of a lawyer really necessary, especially one who has given you incorrect advice regarding such a basic point?

yeah its making me wonder, and its seems im chasing all the time.

[Forkinhades]

Think ill just use VFS services in Bangkok

[7by7]

20 hours ago, Forkinhades said:

Think ill just use VFS services in Bangkok

 Remember VFS are just a handling agent. They cannot, or at least should not, give any advice.

[Forkinhades]

If I apply in Bangkok, how long will the process take to get the passport back?

Lawyer is saying 3 months, which might make things awkward with her current 2 year visa.

[theoldgit]

There is the option of retaining the passport whilst the application is being considered, no passports actually go to India, they remain in Thailand where the vingette is inserted following approval.

 

You do have to pay 2,650  Baht for this service though. Premium Services - Keep my passport when applying

[Forkinhades]

Well finally got the Visa, the home office and the authorities in Bangkok sure did not make it easy.
The first 2.5 year IDR is now in place.

Only thing left to do now is get the kids out. They both have unstamped British passports.
So I'm guessing it's a fine at the airport?

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[brewsterbudgen]

Well finally got the Visa, the home office and the authorities in Bangkok sure did not make it easy.
The first 2.5 year IDR is now in place.

Only thing left to do now is get the kids out. They both have unstamped British passports.
So I'm guessing it's a fine at the airport?

Sent from my SM-T720 using Thailand Forum - Thaivisa mobile app

There are no fines or bans for kids who overstay.

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[Forkinhades]

OK, thank you, so just go to immigration? At the airport?

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[brewsterbudgen]

39 minutes ago, Forkinhades said:

OK, thank you, so just go to immigration? At the airport?

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Just go to the airport.  If they have unused UK passports make sure you have copies of their birth certificates showing that they were born in Thailand.