Switching Visa Status In The Uk

[Expat2B]

Hi all,

I borrowed my husband's login so please don't get confused. Anyway:

My husband (then boyfriend) posted on here two years ago about my student visa application which we received very helpful replies and the application was successful. I have completed my degree course and we got married two months ago in Thailand (had both religious and civil marriage). I returned to the UK with my student visa (will be expired on 30/09) and now looking to switch the visa status from student to spouse.

I had my appointment at the Public Enquiry Office in Croydon today. I proceeded to the reception where all the documents were checked. All went fine until they saw our marriage certificate. I was told that I could not use the Premium Service as I did not marry in the UK and that I should have applied for the Spouse visa in Thailand before I came back here; to which I argued that I returned to the UK as a student; my course hadn't finished then. The staff told me that the application could not be proceeded straight away as he was not sure Thai marriage was recognised by the UK law (which I think was <deleted>) and the application would then need to be passed on to special caseworker (?) which can only be done by post. My husband travels a lot to Europe on business so application by post is not the option as it would mean he will be without his passport for at least four weeks.

The other two options seem to be to A) apply for a CoA, get married in the UK and reapply for the spouse visa, or B.) go back to Thailand to get the Entry Clearance.

I spoke to a visa service company, explained the situation clearly and I was told it could be done using the Premium Service and that they are happy to help me with the case (for a fee of course).

Does anyone here have same kind of experience? I would like to avoid using the company if I could as it is not cheap (circa £600). But if they are confident I can do it (Premium Service application, no win no fee), why was I told by the staff at the Home Office I could only do it by post? Seems to me one of them here is wrong.

Any advice would greatly be appreciated.

Edited September 3, 2007 by Expat2B

[the scouser]

As your student visa was valid for longer than six months, there is no requirement for you to return to Thailand in order to get a settlement visa.

Providing that the relevant requirements of the Immigration Rules are met, there is no reason to think that you will not get the extension, but bear in mind that the BIA does stipulate that the premium service is only for straightforward cases and they are not obliged to accept an application made in person if they perceive that it is not possible to deal with it on the same day. With regards to your husband's passport, you may have a certified copy made and submit that in lieu of the original.

....which I think was <deleted>....

And may I compliment you on your expressive use of colloquial English.

Scouse.

[Mossfinn]

After several wrong attempt to use the multi quote system, poorly executed again, I will attempt again tomorrow

Good Luck

Anyway

Moss

Edited September 3, 2007 by Mossfinn

[sbk]

The staff told me that the application could not be proceeded straight away as he was not sure Thai marriage was recognised by the UK law (which I think was <deleted>)

And you are correct. Otherwise thousands of people married overseas would not be getting spouse visas, would they?

[Expat2B]

As your student visa was valid for longer than six months, there is no requirement for you to return to Thailand in order to get a settlement visa.

Providing that the relevant requirements of the Immigration Rules are met, there is no reason to think that you will not get the extension, but bear in mind that the BIA does stipulate that the premium service is only for straightforward cases and they are not obliged to accept an application made in person if they perceive that it is not possible to deal with it on the same day. With regards to your husband's passport, you may have a certified copy made and submit that in lieu of the original.

....which I think was <deleted>....

And may I compliment you on your expressive use of colloquial English.

Scouse.

Thank you Scouser for your reply and compliment on my English

The annoying thing is probably when I phoned in to book the appointment, I explained the situation clearly that my marriage was not in the UK but Thailand and the lady at the other end of the phone told me it's fine and that I could use the same day service, although I thought she sounded like she didn't have a clue about what she was doing.

Seems like I might be able to use the same day service then if the staff at the reception thinks it should be no problem with the application? The documents I had with me were (apart from the completed application form):

1. Passport of mine and Mr Expat2b's

2. Thai marriage certificate, both the original one in Thai and the translated one certified by the Ministry of Foreign Affairs

3. Bank statements both of Mr Expat2b and mine. Also show address hence prove that we have lived together for the past two years

The above are required according to the application form (I thought there would have been more). Other than that I am waiting for an official transcript from my university which I will add next time I make the application. I have a feeling that they might want to see a prove that I hadn't been taking the piss.

The only question I can imagine being asked is why did we leave for Thailand to get married and come back here to change the visa (why did I not get a new entry clearance in BKK). As I said I hadn't officially finished my study when I returned to the UK after our wedding. I don't think it is unreasonable to come back and see what's going on with your study before deciding what to do on immigration status? If the marriage certificate had not been the problem, I would have thought it should be straight-forward.

What we are wondering here is that, is there any guideline for the staff that says only UK (or perhaps some certain countries) marriage can use the Premium Service? Thinking about it, the staff saying to me that he was NOT SURE about the recognisation of the marriage is not good enough reason to turn away an application. If it is written somewhere then I would understand and not argue about it anymore.

We are planning a trip to Australia in December which I will need to sort out after I finish with this and given that the waiting time for the passport to be returned from the BIA can be up to 14 weeks plus the previous reason on my husband's passport, the postal application is not so appealing to us although time is running out and we may be forced to. I suppose he can get a second passport. How do you have a copy of passport certified?

My mother-in-law suggested that maybe I should try the Liverpool Office (we are Latics' season ticket holders so go up there quite a lot) and she could accompany me. In that case we might give you a visit and buy you a beer we owed two years ago Would we be better off in Liverpool given that we are up there regularly? I would have thought the waiting time for an appointment should not be as long as Croydon.

Regards,

Mr and Mrs Expat2b

[the scouser]

Unfortunately, those who book the appointments do just that and have no knowledge of the consideration of applications. Of course an amphur marriage is recognised in the UK, but one must question whether the BIA clerk knows that. His/her role is simply to tick checklist boxes and, if all ticked, issue the extension: they are not employed for their knowledge of civil marriage in differing countries, and it is possible that a Thai marriage certificate may confuse the poor souls.

By all means try the Liverpool PEO as at least it won't be as stressful as Croydon, but if the clerk there similarly has a lack of knowledge of Thai marriage certificates, you may find yourself having wasted another day (although it would give us the opportunity to meet and have a few beers).

....we are Latics' season ticket holders...

Ah, so that's who ate all the pies!

Scouse.

[the scouser]

Whatever happens, the one thing you must do is ensure that an application has been made before your current visa expires. Failure to do so could result in the application being refused without consideration and with no right of appeal.

I agree that from the details you've given your case is straightforward, but, unfortunately, the BIA do not always see it that way, and there is no means of compelling them to accept a premium application.

A solicitor/immigration adviser may produce a certified copy of Mr. Expat2B's passport.

Scouse.

[vinny]

The staff told me that the application could not be proceeded straight away as he was not sure Thai marriage was recognised by the UK law (which I think was <deleted>)

Indeed, see Guidance for British Nationals Wishing to Marry in Thailand:

The marriage will only be recognised under UK law if it is valid under Thai law. For it to be valid in Thai law, the marriage must be registered with the Registrar at an Amphur Office (District Office). A religious ceremony on its own is not recognised as being valid under Thai law.

Also, from Chapter 8 - Family members annexes, Annex B - Recognition of marriage and divorce:

2. MARRIAGE OVERSEAS

The recognition of any marriage which has taken place overseas is governed by the following:

• is the type of marriage one recognised in the country in which it took place?

• was the actual marriage properly executed so as to satisfy the requirements of the law of the country in which it took place?

• was there anything in the law of either party's country of domicile that restricted his freedom to enter the marriage?

If the answers to the above questions are respectively, "yes", "yes" and "no" then the marriage is valid whether or not it is polygamous

See also Chapter 8 - Family members, Section 1 - Spouses.

Edited September 3, 2007 by vinny

[dr_Pat_Pong]

As your student visa was valid for longer than six months, there is no requirement for you to return to Thailand in order to get a settlement visa.

Providing that the relevant requirements of the Immigration Rules are met, there is no reason to think that you will not get the extension, but bear in mind that the BIA does stipulate that the premium service is only for straightforward cases and they are not obliged to accept an application made in person if they perceive that it is not possible to deal with it on the same day. With regards to your husband's passport, you may have a certified copy made and submit that in lieu of the original.

....which I think was <deleted>....

And may I compliment you on your expressive use of colloquial English.

Scouse.

She's a pommy bastard already Scouse

[Expat2B]

The staff told me that the application could not be proceeded straight away as he was not sure Thai marriage was recognised by the UK law (which I think was <deleted>)

Indeed, see Guidance for British Nationals Wishing to Marry in Thailand:

The marriage will only be recognised under UK law if it is valid under Thai law. For it to be valid in Thai law, the marriage must be registered with the Registrar at an Amphur Office (District Office). A religious ceremony on its own is not recognised as being valid under Thai law.

Also, from Chapter 8 - Family members annexes, Annex B - Recognition of marriage and divorce:

2. MARRIAGE OVERSEAS

The recognition of any marriage which has taken place overseas is governed by the following:

• is the type of marriage one recognised in the country in which it took place?

• was the actual marriage properly executed so as to satisfy the requirements of the law of the country in which it took place?

• was there anything in the law of either party's country of domicile that restricted his freedom to enter the marriage?

If the answers to the above questions are respectively, "yes", "yes" and "no" then the marriage is valid whether or not it is polygamous

See also Chapter 8 - Family members, Section 1 - Spouses.

Thanks vinny, that's very helpful. Maybe I should print out some of the pages at the next visit.

As your student visa was valid for longer than six months, there is no requirement for you to return to Thailand in order to get a settlement visa.

Providing that the relevant requirements of the Immigration Rules are met, there is no reason to think that you will not get the extension, but bear in mind that the BIA does stipulate that the premium service is only for straightforward cases and they are not obliged to accept an application made in person if they perceive that it is not possible to deal with it on the same day. With regards to your husband's passport, you may have a certified copy made and submit that in lieu of the original.

....which I think was <deleted>....

And may I compliment you on your expressive use of colloquial English.

Scouse.

She's a pommy bastard already Scouse

[Expat2B]

Just want to give you an update. I went to PEO in Croydon again today with my mother-in-law who travelled down from Wigan to give me support.

Again my application was not accepted. The reason was that I didn't have my husband's passport and they would not accept a certified copy of it so we asked to speak to a more senior officer. We were told that since my husband was out of the country (for three days - back this evening), it means he is not present and settled in the UK; therefore, they could not accept my application and to be honest I could see where they were coming from. However as I argued that I had been wrongly advised by a person on the immigration enquiry line that I was able to use a certified copy of my partner's passport, a senior officer, who was very helpful, agreed to write me a letter saying I am allowed to use walk-in service without appointment needed because there is no appointment available until 04/10 which would be too late.

Before we left, the officer offered to check my documents. He said everything, including the certified translated marriage certificate which was the reason I got rejected last time, looked fine and that I should have no problem next time I go there with my husband's passport.

So tomorrow I am going back to Croydon again with all the documents I had the first time I visited the place and hopefully it should all be sorted! I'll let you know how things go.

Mrs Expat2B

[Mahout Angrit]

We were told that since my husband was out of the country (for three days - back this evening), it means he is not present and settled in the UK

Thats also <deleted>

Not present maybe, but settled yes.

Good luck

Edited September 19, 2007 by Mahout Angrit

[Expat2B]

My bad, I apologise

He is settled but wasn't present and that was the problem. The spouse has to be present AND settled in the UK.

Thanks Mahout Angrit

[Expat2B]

Just came back from PEO in Croydon. Application was successful

Thanks everyone

Mr and Mrs Expat2B

[the scouser]

Excellent news.

Did you pop in the Porter and Sorter behind East Croydon station for a celebratory pint?

Scouse.

[mrbojangles]

Did you pop in the Porter and Sorter behind East Croydon station for a celebratory pint?

Is there not a pub in the land, that you don't know and haven't frequented

And well done Expat2B. P.S. Channel 4 is good for improving english

[the scouser]

Did you pop in the Porter and Sorter behind East Croydon station for a celebratory pint?

Is there not a pub in the land, that you don't know and haven't frequented

There aren't many.

Scouse.

[Expat2B]

Hi, thanks Scouser and mrbojangles

No I didn't go to a pub, was there by myself while Mr Expat2B was working from home. The only question asked at the PEO was, "where is your husband today?". The officer was a bit disappointed that my husband wasn't with me (so was I!).

We'll celebrate next time we go up north. Hopefully will also be celebrating getting a point from Liverpool (three would be better but I wouldn't go that far) are you coming to the JJB scouser ?

[mrbojangles]

are you coming to the JJB scouser ?

I doubt he will. Unless it's business related he can't get a pass out nowadays

[the scouser]

Admittedly it's not far: just down the M58 and you're there. I'm just worried about the dearth of pies.

Scouse.

[Expat2B]

Admittedly it's not far: just down the M58 and you're there. I'm just worried about the dearth of pies.

Scouse.

Mr E2B now back from much travelling and work in Europe

Pies It is Prawn Cocktail football for us (well in fairness more carvery football at the JJB). I was going to take Mrs E2B out to celebrate this weekend but since our outing in Wigan last Saturday we have both been a bit off the booze and she doesnt fancy it

Many thanks for all the advice Scouser (and all the others who have helped) , the next task is to try the express route to Citizenship next year

If you are ever in the Canary Wharf area or Wigan on Match Weekends let us know, we definitely owe you a few beverages of your choice.

Edited September 21, 2007 by Expat2B

[the scouser]

If you are ever in the Canary Wharf area or Wigan......

What a contradiction in geographic (and economic) terms, although give me Wigan any day of the year.

Scouse.