UK and euro visas for TG, married or not?

[steve2112]

i'd like to get my girlfriend visas for UK and Schengen next spring, covid permitting. do you think it makes a difference if we are married or not? will it be easier if we get married soon or will it not make much of a difference?

 

she has a regular job here in thailand but no land and not a lot of money in the bank. she has a 12 year old kid.

 

thanks

 

[7by7]

What is your nationality?

 

What type of visa? 

 

If you are British and this is for a visit, then none at all. Indeed, if you live in the UK and are married then the decision maker will wonder why she only wants to visit her husband and not live with him.

 

If you are an EU national then the Freedom of Movement directive means that if you are married she can obtain a free visa to enter any EU member except the country of which you are a national; provided she is travelling with or to join you.

 

A reminder that the UK has left the EU and British citizens cannot benefit from the directive after 31/12/20. 

[steve2112]

thanks, i'm from UK and i also have a US passport. i live in Thailand permanently, can show retirement visas going back 15 years. so you think not married is perhaps an advantage then?  yes, we are going for tourist visa, 6 months UK and 90 day Schengen.

Edited August 7, 2020 by steve2112

[theoldgit]

15 minutes ago, steve2112 said:

thanks, i'm from UK and i also have a US passport. i live in Thailand permanently, can show retirement visas going back 15 years. so you think not married is perhaps an advantage then?  yes, we are going for tourist visa, 6 months UK and 90 day Schengen.

 

If your living together in Thailand and can show a substising relationship here in Thailand for the period you claim, married or not, I really don't see your girlfriend having a problem with either a UK or a Schengen Visa. 

 

There are a couple of caveats, you say your girlfriend wants to visit the UK for six months, but also mention her regular job, I'm not sure that the decision maker would take into account her regular job as a reason to return when she's planning to spend six months in the UK, with a further 3 months in Europe. I would concentrate on your life together here, fully evidenced. 

 

7by7 mentions the Freedom of Movement Directive, but mentions it's due to end after December, as you're intending to travel next spring it wouldn't apply to you guys anyway. It's worth noting that some Schengen States  have issued visas to non married couples under the directive, providing they could supply evidence of their relationship.

 

When applying for a Schengen Visa your girlfriend should apply to the Member State which is her main destination, if touring and spending an equal amount of time in more than one member state, she should apply via the Consulate for the Member State that has juristiction for her point of entry. She will have to provide evidence of affordability, accomodation for the duration, insurance and flight tickets from Thailand and for the complete trip, including the UK, along with reasons to return - something we all took into consideration when we voted to leave the EU. 

[steve2112]

1 hour ago, theoldgit said:

 

I would concentrate on your life together here, fully evidenced. 

 

not sure how i would do that, i guess the lease on the place i'm renting, maybe add her name, but that's not exactly a legal document, anyone could write one.

 

do you have any more concrete examples of how i would prove we are living together?

 

as to the job, i think she can get a letter from her employer saying they will take her back for the next high season.

 

also, my understanding is that for schengen you have to specify the exact number of days you want to visit and that's all they give you (is that right?) whereas UK, its always 180 days regardless of how long you plan to stay.

 

Edited August 7, 2020 by steve2112

[theoldgit]

Over the years that's what we did, we ensured that my girlfriend/wife was on our rental contracts, her bank account statements matched those addresses and letters from insurance companies, phone bills and the like.

 

A letter from an employer would help, especially if she can demonstrate she's been employed by the company for some years.

 

It's all about applicants convincing the decision makers that what they claim is credible, they work of the balance of probabilities.

 

My wife has been issued with a number of UK and Schengen Visas over the years, as my girlfriend and wife, using little more than our leases, and the addresses on her bank, telephone and insurance statements, indicating we live together, and have done do for thirteen years.

[steve2112]

ok, thanks for the advice, i just told my girlfriend to move her bank address to our rental and i'll get the lease in our 2 names.

 

still wondering about getting married though, sounds like you think not necessary so long as we can prove we live together?

 

[theoldgit]

1 hour ago, steve2112 said:

still wondering about getting married though, sounds like you think not necessary so long as we can prove we live together?

I certainly wouldn’t marry just to increase your girlfriends chance of being granted a visa, it won’t, this is 2020.

You don’t even need to live together, though it certainly helps.

[abrahamzvi]

21 hours ago, 7by7 said:

What is your nationality?

 

What type of visa? 

 

If you are British and this is for a visit, then none at all. Indeed, if you live in the UK and are married then the decision maker will wonder why she only wants to visit her husband and not live with him.

 

If you are an EU national then the Freedom of Movement directive means that if you are married she can obtain a free visa to enter any EU member except the country of which you are a national; provided she is travelling with or to join you.

 

A reminder that the UK has left the EU and British citizens cannot benefit from the directive after 31/12/20. 

why not the country of which you are a national?

[KhaoYai]

6 hours ago, steve2112 said:

still wondering about getting married though, sounds like you think not necessary so long as we can prove we live together?

In some respects, being married can cause you problems - there is sometimes the suspicion that a married guy is trying to get his wife into the UK without meeting the requirements of a settlement visa and once in she would disappear - sounds crazy but it happens. As the UK also allows partners in umarried couples to apply for settlement, the same applies.  That's why that in such cases, its important to show that you are both settled in Thailand.

 

You don't need to prove you live together at all but if you are acting as your gf's sponsor, you need to establish a genuine relationship exists.

Edited August 7, 2020 by KhaoYai

[7by7]

1 hour ago, abrahamzvi said:

why not the country of which you are a national?

 

The Freedom of Movement Directive, article 3.

Quote

1.   This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them.

(7by7 emphasis)

 

Why? Good question.

 

I think it is because if living in the country of which you are a citizen then you are not exercising your rights under the directive and so it does not apply to you nor your non EU national family members.

 

Unless you are covered by the Surinder Singh ruling.

[steve2112]

ok, thanks everyone, i'll just provide proof we are living together, hopefully she qualifies because of her job and kids and i'll support her during the trip