UK spouse visa or Italian spouse visa to live in UK

[Rob Navarro]

Short summary: I have been with my Thai partner (since May 2018 fiancee) for over 2 years now and she visited me in the UK a few times with a tourist visa. I am originally from Italy but have been living in the UK for 12 years and have dual citizenship (Italian + UK). I got my UK citizenship 2 years ago.

 

Situation: I was planning to marry her in Bangkok early next year and register the marriage in the Italian consulate. Why? This is purely based on experiences I have read online of Italian people who married their Thai wifes. The process seems to be much easier and cheaper. She wouldn't need to take the A1 exam and I believe I would be able to do it without paying the 1k+ that a UK or Thai-based lawyer would charge me. The process itself is cheaper too.

 

Question: after a brief chat with a UK-based lawyer, I was told that, because I am now a British citizen, I wouldn't be able to easily get her a UK settlement visa. I could marry in Thailand, get her an Italian spouse visa, but I would have problems when she moved to the UK. I looked at the UK gov website but couldn't find any information regarding this - so I was not sure whether this is true or if the lawyer was just trying to force me into their services. Has anyone had any similar experience or is anyone aware of the reality of EU citizen with dual UK nationality trying to get a UK settlement visa for a foreign partner?

 

Many thanks, Rob

 

[Rob Navarro]

Regarding the situation of Dual EU/UK nationals, I thought I should update this topic based on my latest research.

 

I started with these 2 old posts where comments indicated that dual EU/UK nationals cannot use the more relaxed EAA family rights (UK rules prevail):

https://www.immigrationboards.com/immigration-for-family-members/dual-nationality-and-spouse-visa-questions-t147096.html
https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/dual-eu-passport-holder-their-non-eu-spouse-853515/

 

A more recent answer from a HO official, seemed to indicate that this was also the case:

https://www.whatdotheyknow.com/request/eu_and_british_dual_nationality_2

 

However, I then followed the link to a document (page 25) that explains the case of dual nationals and EAA free movement rights:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/727595/free-movement-rights-direct-family-members-of-EEA-nationals-v6.0-EXT.PDF

 

From page 25, it seems that my case is a good match: EU citizen, lived in the UK, got permanent residency, became UK citizen and continue living in the UK.

This gave me a lot of hope that I could marry my Thai partner in Bangkok, register with the Italian embassy and bring her here under the EAA free movement rights.

 

However, these 2 articles made me more cautious. Well, the final result of the case was in favour of EU/UK nationals benefiting from EAA rights, but it also means that the HO may make our lives difficult.

https://www.theguardian.com/politics/2017/may/16/landmark-european-court-case-could-curtail-freedoms-of-british-dual-nationals
http://www.airecentre.org/news.php/291/case-comment-c-16516-toufik-lounes-v-secretary-of-state-for-the-home-department

 

Any other dual EU/UK national who had a similar experience in this forum?

 

On the other hand, even though the Italian-way seems to be the cheapest, more recent feedback I found online seems to indicate that the process can be slow and troublesome.

 

Any feedback / comments / recommendations are much appreciated.

[RAZZELL]

Why do you need to pay a Thai or UK lawyer £1000?

 

Do it yourself.

 

Surely your gf can pass A1 English? 

 

 

RAZZ

 

[rasg]

On 10/7/2018 at 8:18 PM, Rob Navarro said:

Question: after a brief chat with a UK-based lawyer, I was told that, because I am now a British citizen, I wouldn't be able to easily get her a UK settlement visa.

I have no idea why a lawyer would say that. As a UK citizen you and your girlfriend would be treated the same as any other UK citizen.

 

You don't need a visa company or lawyer to help you with a settlement visa for the UK. It's not that hard to do. Much easier too as your fiancée has already had tourist visas for the UK. 70-80% of the work is already done.

 

If you make a decision to go the Italian citizen route you need to get on with it quickly. With the UK leaving the EU at the end of March I don't think anybody really knows what is going to happen as the negotiations are still ongoing.

[bobrussell]

My understanding is that if you are a citizen of the country your spouse is going to reside in then you have to fully comply with the rules of your country. EU freedom of movement rights do not apply as you have a right to live there as a citizen and it is not legal for any restrictions to be applied to reduce these rights. Similar to a British citizen not being able to hold a British visa.

Clearly someone else may know better!

 

[Rob Navarro]

Pro UK visa:

• no need to pay UK lawyer (I'm convinced now, thanks)
• no one knows what will happen after March 2019
• the process is expensive, but I believe it's easier to predict the outcome and the timelines (compared to the Italian process)

Pro Italian visa:

• much cheaper (less than £100), compared to £2k+ for the UK visa (possibly 2.5k if the NHS fee doubles)
• same benefits (as long as rules don't change before she arrives)
• minor: no need to pass A1 (yes, I believe she will pass it, she will take it next week just in case)

 

I am tempted to try the Italian-way first and in case of issues change plans and apply for the UK spouse visa instead.

 

However, my issue is that, when I marry in Thailand I need to choose a passport (UK/IT) because I need the initial document from the UK/IT embassy to prove I'm single and free to marry . Once I get this document and marry, I believe I may have problems if I try to apply for a visa with a different passport.

Example: I get the "free-to-marry" certificate from the Italian embassy and marry with my Italian passport in Thailand. Then I change my mind and decide to apply for a UK Spouse Visa. How likely is it that the UK will accept the translated Thai marriage certificate where my nationality and passport number will not be the UK one?

 

I know I'm making it difficult, but the £2k+ for the UK spouse visa may force me to delay the wedding as I will, obviously, need to pay for many other things too.

 

Thanks again, Rob

 

[Tony M]

I'm probably missing something here, but if you are a dual (Italian/British) national, and have moved from Italy to the UK, then you have exercised your right to free movement. Your wife should be entitled to an EEA Family permit to join you in the UK.  It's free, so just get her to apply for it in Bangkok. You will need to provide evidence of your dual nationality, and evidence that you are exercising your Treaty rights in the UK (working, etc), and evidence that you are married. No English test needed.

 

[7by7]

Prior to the Lounes judgement last November the UK held that dual British/other EEA state nationals could not exercise FoM rights for their non EEA national family members in one of the states of which they are a national.

 

This was based upon the 2012 McCarthy judgement. This ruled that McCarthy could not use her Irish nationality to bring her Jamaican husband to the UK via the EEA route because she had never exercised her right to live in Ireland.

 

Lounes is different, because he is the husband of a Spanish woman who moved to the UK to exercise a treaty right and subsequently nationalised as British. The ECJ ruled that in such cases the non EEA national could use the EEA rules because the EEA national had exercised a treaty right prior to nationalising. 

 

From Dual citizens and EU citizenship: clarification from the ECJ

Quote

The ECJ ruled that she was not entitled to invoke the free movement rights (including the family reunion rules) in the EU citizens’ Directive, since she was now a UK citizen in the UK. However, the Court said that she could invoke her EU citizenship based on the Treaties: for that purpose she was still regarded as a Spanish citizen who had moved within the EU. While the Treaty citizenship provisions, unlike the citizens’ Directive, contain no specific rules on family members, the Court said that she should be treated no less favourably than those covered by the Directive, as it would be unjust to treat her worse than a Spanish citizen who had moved to the UK and not acquired UK nationality.

 

So, based upon that, I think that you can use your Italian nationality to bring your wife to the UK using the EEA route.

 

7 hours ago, Rob Navarro said:

However, my issue is that, when I marry in Thailand I need to choose a passport (UK/IT) because I need the initial document from the UK/IT embassy to prove I'm single and free to marry . Once I get this document and marry, I believe I may have problems if I try to apply for a visa with a different passport.

 

Your affirmation of freedom to marry is a document required by the Thai government for all foreigners wishing to marry in Thailand. It matters not which passport, and therefore embassy, you use to obtain this because whether your then wife applies for UK settlement via the UK immigration rules or the EEA rules this document will form no part of her application. They will need to see your marriage certificate, plus certified English translation, but that will not say which embassy notarised your AFM.

[Rob Navarro]

It makes much more sense now. Thanks to everyone who replied.

 

@7by7 thanks, I understand now the purpose of the AFM. However, regarding the Marriage Certificate itself, will it contain my passport number and nationality?

 

If it doesn't contain my passport number and nationality then actually it would be better to get the AFM from the UK embassy (much faster and more reliable). Apparently the Italian embassy can take 2 days to release the notarised AFM (not to mention that they retain both passports during this period).

 

After reading all links provided here, my conclusion is that, if applying for the EAA route, I don't even need the Italian Family Visa, is that correct? I'm making this conclusion based on the list of documents required (https://www.gov.uk/family-permit/documents-you-must-provide)

 

In that case, the sequence of steps would be:

1. AFM notarised by UK embassy in Bangkok (1 day) - easier and quicker than the Italian embassy.
2. AFM legalized by Thai authority (2 days, or pay the extra 1k baht for same-day?)
3. Marriage (1 day)
4. Italian translation of Marriage Certificate (2 days)
5. Apply for Italian family visa - "ricongiungimento familiare" (God knows?)
6. Apply for EEA permit through UK embassy (? - 30 days average for "family visa", but not sure if this includes the EEA route too)
7. Apply for residence card once in the UK (?)
8. Apply for "settled status" before 2021 (?)

 

Crazy or feasible?

 

If Steps 4 & 5 are not needed, then it's a game changer. If I don't need to apply for the Italian family visa, the process could end up being "totally free" (apart from AFM and marriage costs) and much quicker. If I marry early in January she may actually be able to come before March 2019.

When I started this investigation I wasn't expecting to get to this conclusion. I hope it's correct (I'm nervous now).

If this is the right conclusion then my main mistake was to assume (blindly) that I needed either a UK or an Italian family visa, even before trying the EAA route. ????

 

Does anyone know?

 

Thanks to everyone again, Rob

 

[vinny41]

"British citizens who are also nationals of other EEA member states are not
considered to be ‘EEA nationals’ for the purposes of the Immigration (European
Economic Area) Regulations 2016 (the 2016 regulations). This applies whether or
not the dual national has always resided in the UK."

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/727595/free-movement-rights-direct-family-members-of-EEA-nationals-v6.0-EXT.PDF

Apply for an EEA family permit from outside the UK

You can apply for an EEA family permit to come to the UK if you’re both:

• from outside the European Economic Area (EEA)
• the family member or ‘extended’ family member of an EEA or Swiss national (excluding UK nationals) - check if you’re eligible
• https://www.gov.uk/family-permit
• Reading all of the above you should use your Italian passport as the same options don't apply if you use your British passport

[Rob Navarro]

Just an interesting point, on checking https://www.gov.uk/check-uk-visa if you choose that you are a UK citzen or "settled in the UK", which would also apply for EEA citizens living in the UK (non dual-nationals), the website says that you should apply for a ‘family of a settled person’ visa (£1.5k). This is misleading in my opinion. If you choose you are NOT settled in the UK and a EEA national, then the website offers the EEA route.

 

As I read more blog posts and official references online, I believe things become clearer. I've changed slightly the steps, so currently my plan is:

 

1. AFM (Nulla Osta) notarised by Italian embassy in Bangkok (2 days, holding both passports)
   1. For reference for any other Italians: https://ambbangkok.esteri.it/ambasciata_bangkok/it/informazioni_e_servizi/servizi_consolari/stato_civile
2. AFM legalized by Thai authority (2 days, or pay the extra 1k baht for same-day?)
3. Marriage with AFM and Italian passport in BangRak as recommended by the Italian Embassy (1 day)
   1. In parallel, I believe I need to do the transcription of the marriage certificate with the Italian embassy (not required for the UK EEA permit I hope), where I can choose between "Community property" or "Division of property", according to the Italian law.
4. Apply for EEA permit through UK embassy (? - 30 days average for "family visa", but not sure if this includes the EEA route too)
5. Apply for residence card once in the UK (?)
6. Apply for "settled status" before 2021 (?)

 

Note: In the EEA permit application I plan to make reference to this document (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/727595/free-movement-rights-direct-family-members-of-EEA-nationals-v6.0-EXT.PDF) and explain the situation, providing copy of both of my passports. (side note: in fact I have 3 passports as I was born in Argentina, but that doesn't matter for this application).

 

I'm actually changing the plan and will probably fly to Bangkok in December. So I guess as planned I would need to stay in Bangkok for at least 5 working days. And if we can apply to the EEA family permit immediately after the wedding, then she could come to the UK hopefully by February 2019.

 

Any more comments and suggestion are much appreciated.

Thanks!!!!

Rob

 

[Rob Navarro]

Hi all,

I've found the official document explaining the change to the Regulations which came into effect in July 2018: http://www.legislation.gov.uk/uksi/2018/801/pdfs/uksi_20180801_en.pdf

I'm very confident the EEA Family Permit is the way to go. I've also confirmed I still hold my Residency Card as an EU national (extra piece of evidence).

 

The final area of doubt for me is regarding the marriage certificate. Some facts:

1. If I can book the appointment with the UK embassy, I can get my AFM (affirmation) in 1 day
2. Affirmation with the Italian consulate can take 3 days (booking necessary)
3. The express service at the Ministry of Foreign Affairs (MFA) in Bangkok is no longer available - it takes up to 3 days.

This means that, going for the AFM with the Italian consulate will take me 6 working days to marry. If I choose the UK embassy, I can get it down to 4 days.

Why this decision is important to me?

1. I need to get an entry stamp in the passport I intend to marry with. In the Amphoe they check the visa / entry stamp and I believe in the MFA they would check it too.
2. While @7by7 confirmed that the AFM forms no part in the EEA permit application, I wonder if the Marriage Certificate contains my nationality and passport number used to marry in the Amphoe. Can anyone confirm?

If the Marriage Certificate doesn't contain nationality & passport number, it makes absolutely no difference.

Now, if the Marriage Certificate contains the nationality & passport number, would that be a problem when applying for the EEA permit? Nowhere in the Regulations for dual nationals it mentions which passport should be used to marry, so it might not be a showstopper per se. However, knowing how moody the UKVI can be, I don't know if I should take any risk. It may be better to avoid any trace of my UK passport or UK nationality in any Marriage Certificate I will need to present as supporting document.

 

Any thoughts?

 

Any help is much appreciated.

Thanks, Rob

[7by7]

11 hours ago, Rob Navarro said:

While @7by7 confirmed that the AFM forms no part in the EEA permit application, I wonder if the Marriage Certificate contains my nationality and passport number used to marry in the Amphoe. Can anyone confirm?

We married in Thailand and our marriage certificate makes no mention of my nationality nor passport number (nor my wife's come to that!).

 

We married 18 years ago, but I see no reason why that should have changed since then.

 

Even if it has, then you have dual British and Italian nationality and so following the changes post Lounes, as per your link, can use your Italian nationality to obtain an EEA family permit for your wife to live with you in the UK because you exercised your freedom of movement rights to live in the UK before you became British. 

 

However, Brexit, of course, complicates things: have a look at Settled and pre-settled status for EU citizens and their families

Quote

Overview

If you’re a European Union (EU) citizen, you and your family will be able to apply to get either settled or pre-settled status. This will mean you can continue living in the UK after December 2020.

You will not need to apply if:

you’re an Irish citizen

you have indefinite leave to remain in the UK

you have indefinite leave to enter the UK - for example, you have a Returning Resident visa

However, your family members from outside the UK and Ireland will need to apply.

(7by7 emphasis)

 Obviously, you do not need to apply as you have British nationality; but, if you do follow the EEA family permit route, it appears that your wife will need to apply for this once she is in the UK. If you read the whole link you will see that she will need to apply for pre settled status as she will not have lived in the UK for 5 years by the deadline (30 June 2021), and then, once she has lived here for 5 years, she applies for settled status.

 

There will be a fee for this, £65; but that's a hell of a lot cheaper than the UK visa, FLR and ILR route!

[Sophon]

8 minutes ago, 7by7 said:

We married in Thailand and our marriage certificate makes no mention of my nationality nor passport number (nor my wife's come to that!).

 

We married 18 years ago, but I see no reason why that should have changed since then.

Our marriage certificates does mention my passport number and my wifes ID number (on the back).

 

Sophon

[7by7]

2 minutes ago, Sophon said:

Our marriage certificates does mention my passport number and my wifes ID number (on the back).

 

Sophon

Ours has my wife's ID card number on the back, but not my passport number. Maybe the clerk at the ampur made a mistake.

 

Still, even if his Italian passport number is on the back of their marriage certificate it shouldn't matter, for the reason stated.

[Rob Navarro]

@7by7 thanks for the info. Based on the link you shared, I have amended the steps. If she gest the EEA permit, I believe we need to:

1. Apply for a Residency Card within 6 months (EEA permit is only valid for 6 months)
2. Apply for a pre-settled status before the end of 2020.
3. Apply for a settled status once completed 5 years in the UK

@Sophon when did you marry?

 

2 hours ago, 7by7 said:

Still, even if his Italian passport number is on the back of their marriage certificate it shouldn't matter, for the reason stated.

Did you mean my British passport? My concern was the Marriage Certificate containing my nationality as British and my British passport number, as following the marriage I will apply for a EEA permit as an Italian citizen.

Nonetheless, I am more confident now that requesting the AFM in the UK embassy may speed up the process (cutting off 2 days) and won't add a risk to the process.

 

Anyone else who married recently? Do you have your nationality and / or passport number in your marriage certificates?

 

Thanks, Rob

[7by7]

3 minutes ago, Rob Navarro said:

Did you mean my British passport?

Sorry, yes I did; apologies.

[Rob Navarro]

@7by7

thank you very much!

[Sophon]

16 hours ago, Rob Navarro said:

 

@Sophon when did you marry?

 

Thanks, Rob

Last Thursday.

 

Sophon

[Rob Navarro]

Thanks @Sophon

 

Update: I've asked someone I know who married in December 2016 in Bangkok and he sent me the translation of his Marriage Certificate.

It contains several references to his nationality (British), his British passport number and the British embassy.

• "Personal Identification of the spouse: Holding UK Passport Number ..."
• "Registration of Marriage - Particulars: Male Passport No. ..."
• "Addendum 1. The marital status of the male party is that he is single as shown by the certificate from the British Embassy in Bangkok".
• "Addendum 4. The male party holds a certificate from the British Embassy in Bangkok... certified by the MFA..."
• "Addendum 5. The male party holds a travel document, UK passport number ..." (with issued & expiry dates)

 

I agree with @7by7 that in theory even if the certificate has my British passport number it should not matter following the new regulation post Lounes.

 

However, to be very honest, I am very concerned because these 5 explicit references might just be what the UKVI officer wants to see in order to refuse our EEA permit application.

It might be safer to wait 3 days to get the Affirmation from the Italian embassy (while having both passports confiscated by them ????) and then the extra 3 days for the MFA certification. That's an issue for me because of the extra days, but I have a feeling it's a big risk to take.

It's not an easy decision ????

 

[vinny41]

1 hour ago, Rob Navarro said:

Thanks @Sophon

 

Update: I've asked someone I know who married in December 2016 in Bangkok and he sent me the translation of his Marriage Certificate.

It contains several references to his nationality (British), his British passport number and the British embassy.

• "Personal Identification of the spouse: Holding UK Passport Number ..."
• "Registration of Marriage - Particulars: Male Passport No. ..."
• "Addendum 1. The marital status of the male party is that he is single as shown by the certificate from the British Embassy in Bangkok".
• "Addendum 4. The male party holds a certificate from the British Embassy in Bangkok... certified by the MFA..."
• "Addendum 5. The male party holds a travel document, UK passport number ..." (with issued & expiry dates)

 

I agree with @7by7 that in theory even if the certificate has my British passport number it should not matter following the new regulation post Lounes.

 

However, to be very honest, I am very concerned because these 5 explicit references might just be what the UKVI officer wants to see in order to refuse our EEA permit application.

It might be safer to wait 3 days to get the Affirmation from the Italian embassy (while having both passports confiscated by them ????) and then the extra 3 days for the MFA certification. That's an issue for me because of the extra days, but I have a feeling it's a big risk to take.

It's not an easy decision ????

 

Why would the Italian embassy want to see your British passport? also remember if you are planning to travel to BKK this xmas to enter and leave on your Italian passport

[Rob Navarro]

What I meant is that the Italian Embassy will keep both my Italian passport and my future wife's Thai passport for 3 days.

[GinBoy2]

I recognize we're all keyboard experts here...but why not just take the advice of the lawyer you consulted.

Surely he knows a darn sight more of the legal implications than anyone on TVF?
And ask another lawyer, see if he concurs?

Just an idle musing on what might actually get you some reliable information!

[Rob Navarro]

Hi @GinBoy2,

The lawyer I consulted said it was not possible to apply as an Italian citizen (since I'm dual national), without asking me any questions about my situation.

His advice was clearly contradicted by the official regulation published in July 2018 in the Gov Uk website. Maybe he wasn't aware of it?

Thanks, Rob

 

[Rob Navarro]

Here is an update on my case. I have continued reading several posts online and I have come up with the list of documents to be provided in the EEA Family Permit application. Most of it is based on the requirements from Free Movement Rights Direct Family Members of EEA Nationals and it applies to Dual British and EEA Nationals (also see Lounes case).

From page 24 in the document above, there is a list of conditions you have to meet.

 

1. EEA national exercised free movement rights:
   • Letter I wrote explaining that I would like to exercise my rights as EEA National and made a reference to the document above and also to the Lounes case.
   • Original P60s from last 7 years
   • Work reference letter
   • Original pay slips last 3 months
   • Bank statement last 3 months (stamped by the bank)
   • Certified copy of EEA passport
   • Copy of EEA National ID card
   • Certified copy of UK Permanent Residence card
   • Copy of Certificate of Naturalization as UK citizen
   • Copy of UK passport
   • Mortgage statement
   • Utility bill
2. Proof of Identity of both applicant and sponsor EEA national:
   • Original Thai passport (applicant)
   • All the other Thai documents we submitted in the UK Visitor visa (home registration, change of name certificate, Thai ID card and birth certificate) - only copy with translation
   • IDs / passports for the EEA National already listed in 1
3. Proof of Relationship
   • Flights together
   • Copy of passport pages with passport stamps for both of us (trips together)
   • Several photos together
   • WhatsApp call and chat history
   • Money transfer

Any thoughts / suggestions / comments?

 

Thanks, Rob

 

For reference, some useful posts that helped me:

• https://www.thomaschaseimmigration.com/eea-family-permit/
• https://www.thomaschaseimmigration.com/avoiding-eea-family-permit-refusals/
• https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/261446/eea-family-permit.pdf

 

[Rob Navarro]

Update:

First of all, I would like to sincerely thank everyone who replied to me here. We have finally received the family permit visa  - SUCCESS!

 

What have I done?

 

• I used an agency in Bangkok (Thai person) to help with the marriage. I paid 12k bath and got the following:
  • The agent booked appointment in the Italian embassy on a Monday. We left the embassy with passports in hands and the Nulla Osta (affirmation) and the Italian passport certified. All my doubts about the Italian embassy keeping the passports for X days and the process taking up to 3 days were incorrect. It was based on very old reviews and, possibly, on completely incorrect reviews. If you book it, you get it the same day.
  • A courrier came after 1 hour to collect the documents for certification in the MFA.
  • Wednesday: met the agent at the district (the agent booked the appointment) and got married in 2 hours. Again, left the certificates with the agent for certification in the MFA.
  • Friday: We got all the documents back and the agent booked appointment in the Italian embassy again, this time to register the wedding (not needed for the EEA Family Permit)
  • Final result: in just 5 working days I had all my documents ready, translated and certified.
• Yes, the wedding certificate contained my passport number and nationality. So in the end, I think it was a good idea to marry with the Italian passport. Perhaps not mandatory and I could have married with the UK passport, but I just wanted to avoid giving the Home Office any excuse to refuse our application.
• I prepared a letter which we sent with the application. In this letter I copied extracts (just the requirements, for example: Must have exercised rights before and after.. etc) of the document linked in previous posts which contains the guidelines for HO staff when dealing with this kind of application. I listed every single requirement and provided a list of documents to satisfy each. Obviously this is not needed (I guess) and I was actually afraid it could have worked against us, but I thought that it was just my way of clarifying that I know the rules, I know the legislation, I know my rights and I am satisfying all requirements.
• I provided the list of documents in my previous post. I've attached more photos of the wedding and photos with friends.
• I had already prepared the application online and once all docs were back I submitted it and booked the appointment for after Christmas.
• In just under 3 weeks we got the passport back - visa application successful.

 

Note: when my wife went to the Visa centre to submit the documents, I had instructed her to insist we had to submit all documents in case they refused some documents as unnecessary. What actually happened is that they didn't take some originals:

 

• Payslip (to prove I work full time) wasn't A4, so she had to copy it there and give copy in A4.
• Certified copies of translated wedding documents had a plastic/selotape at the top for protection I assume (I think it's done by the MFA) and they refused the original because the "plastic" wouldn't scan. Again, she had to take a copy.

 

I was a little bit worried because in my letter I had promised originals, but I believe in the end all docs are scanned anyway. Note that this applies to EEA Family Permits, not the UK spouse visa.

 

I think that is it. I'm not sure this will help anyone taking into account Brexit is in a few months and dual EU/UK citizens marrying Thai citizens may not be a very common occurrence.

 

Thanks, Rob