making a visa for my partner amidst this covid-19

[nomad2019]

           I am over 50 I am both Irish and UK national holding both passports,      I am still legally married to a Thai national and have a marriage certificate in my possession,         I have since separated from my ex-wife but we are still legally married we are separated now 7 years.        I have my own place I have a job I'm making the appropriate amount of money 28k per year and I would like to get a visa for my partner to come to UK or Ireland to live with me and initially for 3-6 months,         would I need to get legally divorced from my ex-wife first before proceeding with any visa arrangement.

         we both have funds in the bank she has funds in her bank more than enough she worked as a chef in a hotel,       we have 2 years WhatsApp chats and proof of relationship etc.

           bearing in mind when the middle of a pandemic ,      I would imagine most countries would be unwilling to let foreigners inside.

             what are your thoughts please and how do I go about doing this.

              THANKS

 
      

[FritsSikkink]

I doubt you have any chance without getting divorced first but would like to hear from people with more knowledge about this. 2 years of WhatsApp doesn't sound like a good basis.

[nomad2019]

1 hour ago, FritsSikkink said:

I doubt you have any chance without getting divorced first but would like to hear from people with more knowledge about this. 2 years of WhatsApp doesn't sound like a good basis.

hi thanks for your input but I would have thought that 2 years of WhatsApp messages every day would be quite sufficient.         Also I have receipts of money transactions sent over the last 2 years.      And not forgetting the photographs etc of the two of us up in the country in isaan and in various temples etc around the country,      plus many various resorts islands and hotels together.        Also some receipts for little bits of jewellery gold ,   watches perfume etc etc.       Many videos and pictures with the parents with the in-laws on with her son.      

[male expat]

Please clarify, Are you married by Amper documents to a Thai spouse and are not formally divorced from your European partner? 

 

Than you are in troubles because the would be punishable polygamy as well in Europe as in Thailand.

[Sheryl]

From his OP,  he is married to a Thai spouse from whom he is separated for 7 years but not, divorced and now has a new partner (to whom he is not married) and wants to bring her to the UK. So bigamy does nto enter into it.

 

OP: (1) Probably impossible to do during the pandemic

 

      (2) once the pandemic ends, she can apply for a tourist visa but unless she owns property in Thailand, has money in the bank and a job to come back to etc she does nto have good chance to get it. To apply for a fiancee visa, you would have to be eligible to marry i.e. you'd have to get divorced.  By definition she would not be considered your fiancee if you are not free to marry.

[marc26]

I love my Thai wife to death..........

 

I'd never go looking to marry another Thai if I became single. <deleted> no

[Upnotover]

2 hours ago, nomad2019 said:

hi thanks for your input but I would have thought that 2 years of WhatsApp messages every day would be quite sufficient.         Also I have receipts of money transactions sent over the last 2 years.      And not forgetting the photographs etc of the two of us up in the country in isaan and in various temples etc around the country,      plus many various resorts islands and hotels together.        Also some receipts for little bits of jewellery gold ,   watches perfume etc etc.       Many videos and pictures with the parents with the in-laws on with her son.      

If the UK is your destination forget the photos.  They specifically state they don't want them.  They must get fed up with all those temple/beach/happy family pictures.

[howerde]

You would need to divorce your wife before first does she live in Thailand?, to apply as a durable partner you would need to live for 2 years in a relationship akin to marriage ie live together/ mortgage/ bills etc in joint names.

Were you born in N Irelnad? I ask as of Aug, people born in Northern ireland can sponsor under EU regulations, at least until Jun next year

https://www.immigrationboards.com/eea-route-applications/good-new-for-people-in-northern-ireland-t295269.html

I also believe that Irish people living in the UK can also use EU route for partners not sure if it applies to dual citizens  at least until next year, then it is anyones guess

[theoldgit]

There is nothing to stop your new partner applying to visit the UK as a tourist, she's the one who has to satisfy the decision maker that she's a genuine tourist, her proposed trip is affordable and that she's likely to return home at the conclusion of her visit. The fact that her boyfriend, you, is married to another person, is irrelevant to her application.

 

For her to visit you as a tourist, wouldn't make you a bigamist or polygamist, she would just be a tourist visiting the her boyfriend who happens to be married. Clearly it wouldn't be possible if she was applying for a Settlement Visa, your're not married to her and nor are you in a subsisting relationship as you haven't been living together for two year. 

 

She should certainly declare that the person she plans visiting is already married but that the marriage has broken down, that alone wouldn't stop her visiting you, I actually know a number of Thai people who have travelled with new partners who were still married to others, but the new partner was living with them here in Thailand.

 

So let's think about her planned application, she wants to visit the UK for three to six months, she has money an the bank and used to be a chef, is the cash in the bank enough to completly fund her her trip whilst leaving her sufficient to live on following her return, and does the fact that she "used to be a chef" mean she's no longer employed? Reasons to return and affordability are probably the most important criteria.

 

If you propose to fund her trip you need to satisfy the Entry Clearance Officer that it's reasonable for you to so, I'm afraid she's going to need much more that two years of WhatsApp messages, as others have said photos and chunks of gold add nothing to the application, cash in bank, a job and and stable accomodation do.

 

She would need to satisfy the ECO that a three to six month trip as a tourist is reasonable, I've never had a three month holiday in my life, little known a six month one. 

 

From what you've described, taking into account her ties to Thailand I think there's little chance of her being granted a visa, as she would need to satisfy the ECO of her strong ties here, the fact that you current marriage is still live wouldn't help.

 

As an aside I'd be looking at disolving your marriage here, I think you'd need a lawyer here for you to do so.

[brianp0803]

If I was immigration, I would be confused by your statements she has enough money from being a chef, and you have been sending her money for the last two years.

Does she have enough money to support herself and thailand, or does she need your help? If immigration thinks you are her financial support, they may feel she has less of a reason to return to Thailand

[nomad2019]

On 8/12/2020 at 9:24 PM, howerde said:

You would need to divorce your wife before first does she live in Thailand?, to apply as a durable partner you would need to live for 2 years in a relationship akin to marriage ie live together/ mortgage/ bills etc in joint names.

Were you born in N Irelnad? I ask as of Aug, people born in Northern ireland can sponsor under EU regulations, at least until Jun next year

https://www.immigrationboards.com/eea-route-applications/good-new-for-people-in-northern-ireland-t295269.html

I also believe that Irish people living in the UK can also use EU route for partners not sure if it applies to dual citizens  at least until next year, then it is anyones guess

thank you and yes I was born in Belfast Northern Ireland I have both irish and British nationality and passports

[isnakebite]

Yesterday my wife submitted her application for her visitor visa to the UK. Thais are allowed to leave, flights are available and she will have to quarantine herself for 14 days on arrival at my place. Most countries may be unwilling to let foreigners inside but currently the UK isn't one such country. So for now I wouldn't worry too much in that respect.

 

[isnakebite]

"Also some receipts for little bits of jewellery gold ,   watches perfume etc etc. "

 

As Upnotover has already stated photos of your time together are no longer accepted. When my wife was my girlfriend she had never been on a plane before so we flew to a couple of  places in Thailand. Like yourself I would take photos in temples etc mindful that I would need proof of our relationship but now Im glad I kept all our boarding passes and electronic tickets.

 

Unless the receipts for the gifts actually identify that they were gifts sent to your grilfriend, I don't think they will be much help to prove your relationship.  I would send flowers to my wife on her birthday. The emails I have from the business confirm the transaction. They include her name and mobile number and I was lucky that they would take a photo of her with the flowers as proof they were delivered. Hopefully your receipts are similar?

[nomad2019]

On 8/13/2020 at 3:50 AM, theoldgit said:

There is nothing to stop your new partner applying to visit the UK as a tourist, she's the one who has to satisfy the decision maker that she's a genuine tourist, her proposed trip is affordable and that she's likely to return home at the conclusion of her visit. The fact that her boyfriend, you, is married to another person, is irrelevant to her application.

 

For her to visit you as a tourist, wouldn't make you a bigamist or polygamist, she would just be a tourist visiting the her boyfriend who happens to be married. Clearly it wouldn't be possible if she was applying for a Settlement Visa, your're not married to her and nor are you in a subsisting relationship as you haven't been living together for two year. 

 

She should certainly declare that the person she plans visiting is already married but that the marriage has broken down, that alone wouldn't stop her visiting you, I actually know a number of Thai people who have travelled with new partners who were still married to others, but the new partner was living with them here in Thailand.

 

So let's think about her planned application, she wants to visit the UK for three to six months, she has money an the bank and used to be a chef, is the cash in the bank enough to completly fund her her trip whilst leaving her sufficient to live on following her return, and does the fact that she "used to be a chef" mean she's no longer employed? Reasons to return and affordability are probably the most important criteria.

 

If you propose to fund her trip you need to satisfy the Entry Clearance Officer that it's reasonable for you to so, I'm afraid she's going to need much more that two years of WhatsApp messages, as others have said photos and chunks of gold add nothing to the application, cash in bank, a job and and stable accomodation do.

 

She would need to satisfy the ECO that a three to six month trip as a tourist is reasonable, I've never had a three month holiday in my life, little known a six month one. 

 

From what you've described, taking into account her ties to Thailand I think there's little chance of her being granted a visa, as she would need to satisfy the ECO of her strong ties here, the fact that you current marriage is still live wouldn't help.

 

As an aside I'd be looking at disolving your marriage here, I think you'd need a lawyer here for you to do so.

Thank you you say from what I've described you don't think she would get a visa can you explain why please,

I think best for share to apply for 6 week holiday and not 3 months or six months, she has a teenage son who is severely handicapped so she must return for him as I said before4c also has a job to come back to a home to come back to all bait her mother's and she has money in the bank in Thailand I have my own place in Belfast all bait rented I have money enough in the bank to keep both of us for 6 weeks minimum.
what would the sticking point be if I'm separated 7 years but still divorced so what I'm sure there's many many people in my position,      it is a holiday visa not a marriage or a fiance visa so why would marriage come into it as you originally said. 

[theoldgit]

On 8/31/2020 at 2:46 AM, nomad2019 said:

Thank you you say from what I've described you don't think she would get a visa can you explain why please,

 

Of course it's not me your new partner has to convince, it's the Entry Clearance Officer, who deals with many of such applications every day, and who will decice on the balance of probablility, my opinion matters not.

 

The fact you're still married to another person is immaterial, the ECO with only look at the applicants position. You have said that she used to be a chef, as I said that implies that she's no longer employed, you now say that she has a job to go back to, I can't see that in your previous posts, but she would need to provide evidence of the job offer in her application..

 

You said that you've been sending her cash for a couple of years, and ECO could be forgiven for thinking that she might be tempted to to remain in the UK with you. her benefactor.

 

Receipts for gold and photos of you together count for nothing, and wouldn't be taken into consideration.

 

You now mention that your girlfriend  has a teenage son who is severely handicapped so she must return for him, that in itself could help as a reason to return, but she would need to satisfy the ECO that it's resonable to leave him for three to six months, who's looking after him in her absence, and even why they couldn't look after him if she stayed longer.

 

I'm fully aware that you being married to somebody else shouldn't affect her application to visit you for a short holiday, and I certainly didn't say otherwise, what I did say that you should certainly consider disolving your current marriage, and whilst it shouldn't affect your girlfriends current visa, that advice still stands.

[alyx]

18 hours ago, nomad2019 said:

Thank you you say from what I've described you don't think she would get a visa can you explain why please,

I think best for share to apply for 6 week holiday and not 3 months or six months, she has a teenage son who is severely handicapped so she must return for him as I said before4c also has a job to come back to a home to come back to all bait her mother's and she has money in the bank in Thailand I have my own place in Belfast all bait rented I have money enough in the bank to keep both of us for 6 weeks minimum.
what would the sticking point be if I'm separated 7 years but still divorced so what I'm sure there's many many people in my position,      it is a holiday visa not a marriage or a fiance visa so why would marriage come into it as you originally said. 

Hey I am not familiar with the UK rules and it is not clear whether your marriage is registered with your country's authorities. Also not clear whether you had a long relationship: two years of WhatsApp exchange just means that you were apart during that period , though it could be for a few hours at the time, which I doubt.

I guess it would be improper to present her as your partner.

Nothing stops you, and incidentally your wife, to invite your "mistress"(sorry but is what it is called and in no way would that be considered as polygamy) as a friend as you own your place and guarantee her stay. What is most important (but so difficult to prove and so easily invoked by the visa section when they decline an application) is that she intends to leave UK (still EU 555)

[varun]

The whole thing sounds very convoluted.

 

You're still legally married to Thai woman A,

and now wish to invite Thai woman B (friend/gik/whatever)

 

Get your previous entanglements sorted out first.

[nomad2019]

On 8/31/2020 at 3:11 AM, theoldgit said:

 

Of course it's not me your new partner has to convince, it's the Entry Clearance Officer, who deals with many of such applications every day, and who will decice on the balance of probablility, my opinion matters not.

 

The fact you're still married to another person is immaterial, the ECO with only look at the applicants position. You have said that she used to be a chef, as I said that implies that she's no longer employed, you now say that she has a job to go back to, I can't see that in your previous posts, but she would need to provide evidence of the job offer in her application..

 

You said that you've been sending her cash for a couple of years, and ECO could be forgiven for thinking that she might be tempted to to remain in the UK with you. her benefactor.

 

Receipts for gold and photos of you together count for nothing, and wouldn't be taken into consideration.

 

You now mention that your girlfriend  has a teenage son who is severely handicapped so she must return for him, that in itself could help as a reason to return, but she would need to satisfy the ECO that it's resonable to leave him for three to six months, who's looking after him in her absence, and even why they couldn't look after him if she stayed longer.

 

I'm fully aware that you being married to somebody else shouldn't affect her application to visit you for a short holiday, and I certainly didn't say otherwise, what I did say that you should certainly consider disolving your current marriage, and whilst it shouldn't affect your girlfriends current visa, that advice still stands.

great advice I will take everything on board thank you