Relationship Status, Duration And Impact On Thai Partner Obtaining A UK Visa

[brotherother]

My partner (Thai) and I (British) have been together for 7 years now, partly living together in Thailand and partly living separately, with me in the UK and her in Thailand.

 

Our longterm goal is to live together in the UK, or at least be able to spend part of each year living together in the UK.

 

I'm interested to know what, if anything, will increase our chances of this happening regarding our relationship status, i.e. will it help our case when we apply for the visa if we're married, engaged to be married, or just a couple?

 

Secondly, will the time we've been engaged or married (or just a couple) have any bearing on the outcome? Likewise, how will the amount of time we have and haven't physically spent together have an impact, if at all?

 

I know this is a complex issue and that my questions are perhaps somewhat simplistic but I'd much appreciate it if someone can at least steer us in the right direction.

[TCA]

I presume you're talking about a settlement visa but first point to note is that you mentioned "or be able to spend part of each year living together in the UK". If your partner gets a settlement visa, then by definition she has to be settled in the UK, so obviously can't use it like a tourist visa.

 

That aside, regarding your relationship status when applying, theoretically it shouldn't matter, but I think it's safe to say if you were married then you don't have such a burden of proof with regard to proving (I think the term is) "a genuine and subsisting relationship".

 

I'm unsure as to whether being engaged to be married makes much difference, but if you apply for settlement as an engaged couple (with a view to marrying in the UK within 6 months), you then have to apply again for further leave to remain, which means an additional application you wouldn't have to make if married or just partners, so adds another layer of cost and hassle. Something to bear in mind.

 

With respect to the time you have and haven't spent together, this is potentially more of an issue if you're not married. And this again goes back to what you can prove in terms of a genuine relationship. If you were married, the time factor is not an issue (in my opinion). I myself was married in Thailand a matter of weeks before the settlement application went in, but having said that I included as much proof as I could in terms of the relationship anyway. I was living in Thailand at that point and had been for just over 6 years. 

 

Hope some of that helps. Bear in mind the above is just my take on it from applying in 2013.       

Edited August 26, 2018 by TCA

[7by7]

2 hours ago, brotherother said:

i.e. will it help our case when we apply for the visa if we're married, engaged to be married, or just a couple?

 

 For spouses and unmarried partners there will be three applications required:

• initial visa application submitted in Thailand;
• further leave to remain submitted in the UK after your partner has lived here for 30 months;
• indefinite leave to remain submitted in the UK after they have lived here for a further 30 months, 5 years in total.

To apply as your spouse you and your partner have to prove is that you are married; i.e. produce your marriage certificate, with a certified English, or Welsh, translation if it's not in English or Welsh.

 

To apply as your unmarried partner you must have been living together in a relationship akin to marriage outside the UK for at least the two years prior to the initial application. You will need to provide documentary evidence of this, i.e. proof of address for you both covering the period.

 

Applying as a fiance is similar, but there is an extra in UK application to make, and pay for:

• initial visa application submitted in Thailand;
• FLR after the marriage in the UK, which must take place within 6 months of the initial visa being issued;
• another FLR 30 months after the first;
• ILR 30 months after the second FLR.

You cannot book the wedding in the UK until your partner is here as you both must attend when doing so; but you should provide evidence of what plans you have made.

 

In all three cases you should also provide evidence of your relationship, such as phone, Skype, WhatsApp records of communication if you live apart. Obviously, if you live together you wont have these, but your evidence of cohabitation will show the relationship.

 

You don't say, but if you are the same sex then same sex marriages are not possible in Thailand, so you would have to use the unmarried couple route or fiance route; there is also the proposed civil partner route, which is to all intents and purposes the same as a fiance.

 

2 hours ago, brotherother said:

Secondly, will the time we've been engaged or married (or just a couple) have any bearing on the outcome? Likewise, how will the amount of time we have and haven't physically spent together have an impact, if at all?

Obviously, the longer you have been a couple the stronger the relationship; but the actual length of the marriage or engagement is irrelevant. 

 

For unmarried couples it's different, as explained above.

 

For more of what's required see the relevant to you parts of:

• Family visas: apply, extend or switch for the initial visa and FLR,
• Find out if you can apply to settle in the UK for ILR (your partner will be on the 5 year route).

You will also have to satisfy the financial requirement at each stage.

[KNJ]

There are also limitations on how much time she can spend outside the UK in those 5 years of qualifying so be careful

 

[7by7]

1 minute ago, KNJ said:

There are also limitations on how much time she can spend outside the UK in those 5 years of qualifying so be careful

 

 No, you are thinking of naturalisation.

 

There is no maximum time allowed out of the UK set down in the immigration rules when qualifying for both FLR and ILR. 

 

However, applicants for both do need to show that they are UK residents and have been for the whole time, which may be difficult to do if more time has been spent out of the UK than in!

[brotherother]

Thanks all for the above information. I really do appreciate you taking the time to respond and share your knowledge.

 

This whole process can seem overwhelming at times but with your input i'm now more confident in progressing in the correct manor.

 

No doubt I'll be back here at a later date with some more questions, but for now it's a great start. 

 

Thanks again.