Settlement Visa

[Dave01207]

I am seriously considering applying 4 a settlement visa so I can marry my girlfriend. From what I understand after getting married in the UK she would be issued with a 2 year work visa and then if we were still together after that she would be given an indefinate visa (however presumably if we were not and were getting divorced she would be asked to return home). What I wanted to know is after say 3 years we decided to get a divorce (a bit negative I know but just want all the info) and go our seperate ways would she have to return to Thailand or would she be eligible to work in the UK all her life.

[Jersey_UK]

I am seriously considering applying 4 a settlement visa so I can marry my girlfriend. From what I understand after getting married in the UK she would be issued with a 2 year work visa and then if we were still together after that she would be given an indefinate visa (however presumably if we were not and were getting divorced she would be asked to return home). What I wanted to know is after say 3 years we decided to get a divorce (a bit negative I know but just want all the info) and go our seperate ways would she have to return to Thailand or would she be eligible to work in the UK all her life.

Ok, lets see what I have learnt! (Wiser heads will no doubt correct me! - so don't take this as "Gospel" )

1) Yer don't get a SV to marry yer G/f in the UK. Yer need a Fiance Visa for that (6 months to marry), and whilst on a FV she cannot work, I believe after she is married she can upgrade her status to be able to work (Forget how! -but something makes me think she applies for an SV after marriage).

2) If you get married in Thailand, then you apply for a SV - which would enable her to work as soon as she arrives in the UK and lasts for 2 years from the date of issue or is valid from (yer can ask for a delay in it being valid for a couple of weeks).

3) 2 years after living in the UK on an SV she can apply for either a new (extention?) of her SV or Indefinite Leave to Remain (ILR) - (Some sort of citizenship / english language test to be done, a cheque and she and you needs to still be married and can demonstrate living together as Man & Wife........apparaently the 2 years runs from the date of the Visa being valid from, not arrival in the UK, which can leave folk a few weeks short of 2 years in the UK needed for the ILR).

4) If you get seperated, let alone divorced whilst she is on a SV then she is no longer entitled to remain in the UK - in due course her SV will expire, and to get a new one or an ILR she would require to prove the unprovable of you both being still a couple. After 2 years and IF she has her ILR (and not just a new / extended SV) then she can stay in the UK no matter whether you are together or not. (I think their is an exception to this rule about Domestic Violence - where she does not have to meet the 2 year marriage requirement).

5) Once she has her ILR then she can pretty much come and go as she pleases and work in the UK, whereas with only a SV she basically has to live in the UK (holidays within reason excepted) - but to get a UK passport whilst on her SV and ILR she would need to show that she was actually living in the UK (over 5 years?) not just using the ILR as a holiday visa whilst living elsewhere.

6) you have not yet mentioned where you get divorced, doesn't really matter if married in Thailand or the UK - as she could CHOOSE to divorce you in the UK (her living in the UK would enable her to use UK divorce laws even if all assets are in Thailand or Timbucktoo not in the UK). I am not sure if a divorce in Thailand would be possible if married in the UK (I don't see why not if you were based their ??) but if married in Thailand it would be possible to divorce over their and depending on how contentious the divorce it may be a good place to arrange things given the lower cost of legal fees..........but I hope not to need to explore this area further!

Now I wait to see what marks out of 10 I get

[Mahout Angrit]

Now I wait to see what marks out of 10 I get

I'll give you 10 for content and 11 for effort!

Yes, she can only remain in UK indefinitely if she has Indefinite status, any other permit to remain will require the husbands co-operation to extend. (sorry not 6 paragraphs!)

Just to add if she is still married and living in UK she only need to be living in UK for 3 years (and have ILR) to apply for British citizenship. If she has ILR and divorced she will have to live there 5 years.

[Jersey_UK]

Now I wait to see what marks out of 10 I get

I'll give you 10 for content and 11 for effort!

Yes, she can only remain in UK indefinitely if she has Indefinite status, any other permit to remain will require the husbands co-operation to extend. (sorry not 6 paragraphs!)

Just to add if she is still married and living in UK she only need to be living in UK for 3 years (and have ILR) to apply for British citizenship. If she has ILR and divorced she will have to live there 5 years.

6 Paragraphs? Yer should see my first draft Sponsor Letter

3 Years for a UK passport? so that is 2 years on a SV and 1 year on an ILR?

[Dave01207]

That's all really helpfull, to be honest we've been together 1 and a half years now and the relationship is pretty strong (she's been to Englanfd on a tourist visa already and returned in the correct time etc - hope this will help) and while marriage scares me half to death and if she was English I would not be walking down the aisle this does seem the best way 4 us to be together and for her to be able to work and thus improve our joint financial position, and if it doesn't work out after a few years I'd be quite happy if she already won the golden ticket ie. the ILR. How hard is that to get after the 2 years together in England (plenty of info on settlement visas here already) and does any1 have any opinion on whether it would be easier to get the fiance visa or to marry and apply for a settlement visa (would hate to get married with all the responsibility then have her refused access to the country!!) Also do u have to pay 2 lots of 30k plus baht one for the fiance visa and then once married one 4 the settlement visa or do they give the settlement visa 4 free once you take the plunge?!

[Mahout Angrit]

3 Years for a UK passport? so that is 2 years on a SV and 1 year on an ILR?

As you correctly pointed out there is not too much restriction on the time you spend in UK on a SV as long as you can prove the relationship still exists when you extend but there are limits to the time you could spend outside UK during the qualifying period if applying for Citizenship.

If married to a British citizen the applicant must have lived in the UK for 3 years only (and have aquired an indefinite status). If not married then it is 5 years.

[Eff1n2ret]

"if she was English I would not be walking down the aisle this does seem the best way 4 us to be together and for her to be able to work and thus improve our joint financial position, and if it doesn't work out after a few years I'd be quite happy if she already won the golden ticket ie. the ILR"

Where's the guy who posts "TROLL ALERT" in big red letters?

[Mahout Angrit]

How hard is that to get after the 2 years together in England (plenty of info on settlement visas here already) and does any1 have any opinion on whether it would be easier to get the fiance visa or to marry and apply for a settlement visa (would hate to get married with all the responsibility then have her refused access to the country!!) Also do u have to pay 2 lots of 30k plus baht one for the fiance visa and then once married one 4 the settlement visa or do they give the settlement visa 4 free once you take the plunge?!

To get apply for ILR she will have to demonstrate an ability in the English language and pass a test or a course on 'Life in the UK' and as a couple you must demonstrate that you have been living together over the 2 year period (bills to same address etc).

The requirements that you as the sponsor must provide are virtually the same whether direct for a settlement visa (being married) or for a Fiancee visa.

Overall getting married in Thailand and applying for a settlement visa would be cheaper as

1) marriage in Thailand (if you can duck her family) can be for a few baht

2) The Fiancee visa or Settlement visa cost the same when you apply but you will have to pay £395 to apply for further leave to remain in UK once married as the Fiancee visa is valid for only 6 months.

[Dave01207]

Really didn't mean any offence etc by what I said I would just feel really horrible if she gave up her reasonable job in Thailand leave her family etc make a life for herself in England and then have me flake out on her and have her booted out unceremoniously. That is all I meant by it.

[Mahout Angrit]

Really didn't mean any offence etc by what I said I would just feel really horrible if she gave up her reasonable job in Thailand leave her family etc make a life for herself in England and then have me flake out on her and have her booted out unceremoniously. That is all I meant by it.

Dont worry about it Dave, Eff1n2ret has learnt a new word and used it twice this week, has nothing to contribute so let him have a couple of minute of sniggering

[Jersey_UK]

That's all really helpfull, to be honest we've been together 1 and a half years now and the relationship is pretty strong (she's been to Englanfd on a tourist visa already and returned in the correct time etc - hope this will help) and while marriage scares me half to death and if she was English I would not be walking down the aisle this does seem the best way 4 us to be together and for her to be able to work and thus improve our joint financial position, and if it doesn't work out after a few years I'd be quite happy if she already won the golden ticket i

Although I know exactly what you mean, I would not phrase things like this when making any SV or FV application (I am sure you would not, but......) - could be interpreted as meaning you are both only getting married for a Visa which is a no no........despite in reality that getting a Visa is often the raison d'etre for the marriage at an earlier relationship stage than would otherwise be the case even if not the sole purpose. In my case the need for a Visa did prompt me to decide whether to "sh#t or get off the pot" when it came to the Marriage itself, me also based in Thailand (or her already in the UK) I simply would not have bothered / never felt it was important / felt it was a leftover ritual from religous mumbo jumbo........but yer know what.....I am glad I did sign on the dotted line. I still find it weird, but good weird

the ILR. How hard is that to get after the 2 years together in England (plenty of info on settlement visas here already)

As already said their are some formalities to complete and a test, but the BIG difference between the ILR and the SV is that if she passes the tests and provides the info required getting the ILR is more of a formality (albeit strictly speaking I don't think it is a formality) than for the initial SV or FV.

and does any1 have any opinion on whether it would be easier to get the fiance visa or to marry and apply for a settlement visa (would hate to get married with all the responsibility then have her refused access to the country!!)

This questions reminds me...........what I should have made clear in my initial post was that I / we have not yet done a SV application for the Missus, indeed only got married back in May - albeit after a "courtship" stretching back over many years (See my earlier comments about "Pot" and getting off of" )........D-Day for an SV now end of Sept

In response to your question, you have to say to yourself if she could not come to the UK would it be the end of your relationship? - if it would I suggest not making this clear to the Embassy - as it makes things not sound "genuine", albeit the reality that the Visa rules do tend to bounce folk into an earlier marriage (even if not strictly force folk) than they otherwise would contemplate has obviously escaped the grasp of the UK Govt.

In your case, especially given your history, I would apply for a FV (wallet £££ allowing) - I would also mention that you do need to provide evidence of time spent on the plot with your g/f and for what you are claiming in a SV or FV application, which can require a degree of thought - given that it is easily possible to live in Thailand with no more evidence of what you did and with whom than a stamp in your passport on entry and exit..........which is why many farang men like the place. Alledgedly

Anyway good luck and plenty of info on here, well worth a few searches!