Resident Visa For Pregnant Thai Fiance?

[Denn0]

hello all,

i would like some advice if possible, for my current situation. i have read some of the uk governments websites and find them a little complex - i would like someone to break down my situation if possible, in return you will have my unlimited gratitude.

i have been living with my thai partner , in the uk since jan 2007. she was living in germany , married for 5 years (divorce in process - upto another year left ). we got a tourist visa from germany for 6 months, which we renewed again in august 2007 , for 1 year....

my partner and i are having a baby (due june 27) , but the tourist visa exspires in august 2008. this is a great worry. we returned from visiting friends in germany in feb 2008 and the immigration personnel told us the tourist visa was no good and we were living together (settled). after some time and discussion, we were let through and informed it was only because of the pregnancy and a profile had been opened on my partner and we would need a settlement visa.

so ... what is the next step in terms of visa type , where (or which website/agency) to apply and any heads up advice i can take from here in. if possible the quickest resolution would be best for us, worry wise. is there anywhere officially we can get help/advice in uk - i.e citizen advice , or some immigration service?

is it possible to reside together unmarried whilst waiting for her divorce - please tell me we are not screwed

thanks again in advance, all help appreciated.

[the scouser]

Is your girlfriend's German residence permit still valid?

Scouse.

[Denn0]

it is valid until novemeber 08 i think, which is worrying her. it was extended until the passport ran out.

she was given finite visas as when means tested in the past , her ex husband and her didnt make the minimum joint earnings (he has been studying for about 4 years).

[the scouser]

Your girlfriend will ultimately have to seek a settlement visa for the UK and it looks as if she will have to do this from Thailand rather than Germany. However, the timing of her divorce is going to be the crux of the matter. She cannot apply as your unmarried partner until you have lived together in a relationship akin to marriage for two years. She may apply as your fiancée with an intention to marry in the UK, but she will have to show that her divorce will come through during the currency of her visa. Evidently, she can't apply as a spouse until you actually marry which, again, can only post-date her divorce. The quicker the divorce comes through the better.

Scouse.

[Denn0]

oooh man, that falls under the catergory : screwed

prehaps thats why the information on the govt websites is so vague..

am i understanding that same sex , civil partnerships can be ok for a visa whereas to have a hetro relationship, you have to be/get married?

i get the feeling that coming through the external channels ( applying from thailand) is geared up to reject/repulse as many applications as possible.

so aside from any other possibilties, the government will break up my (new) family unit OR force me to relocate and out of my home and employment ?

unless her divorce comes through before:

the end of august , minus any new paperwork/requirement processing times?

thanks for your help/advice by the way. I am living over the mersey in wirral, and have looked up the Davies Khan information - are there any solicitors or legal organisations that can help challenge the circumstances you pointed out?

[the scouser]

The rules for unmarried partners whether they be homo- or heterosexual are the same: living together for two years in a relationship akin to marriage. Likewise, a homosexual couple can't enter in to a civil partnership until any previous registration of a relationship has been rescinded.

Scouse.

[Denn0]

hi again,

please disreguard my last post, upon re-reading you previous answer i belive i mis-understood. to clarify..

we need a settlement visa ? :

a/ which we could get if we are an unmarried couple living together for 2 years (outside UK) ?

OR

b/ if we get a concrete divorce date which we could present, to apply for a fiancee visa ?

so.. in order to stay in the UK after august (when tourist visa runs out) we would need to apply for a fiancee visa, supplying a divorcee finalisation date (within the 6 months) and evidence of intention to marry?

our goal is to remain in the UK as a couple, registering the child as a uk (at least half) citizen until at least the end on 2008 - the best way to achieve this goal is the fiancee visa? if we were accepted on the fiancee visa , after august, would we be entitled (as a couple) to any existing government support given to new families?

thanks again for the help so far, and please excuse any mistakes i make trying to understand this .

[CharlieB]

hi again,

please disreguard my last post, upon re-reading you previous answer i belive i mis-understood. to clarify..

we need a settlement visa ? :

a/ which we could get if we are an unmarried couple living together for 2 years (outside UK) ?

OR

b/ if we get a concrete divorce date which we could present, to apply for a fiancee visa ?

so.. in order to stay in the UK after august (when tourist visa runs out) we would need to apply for a fiancee visa, supplying a divorcee finalisation date (within the 6 months) and evidence of intention to marry?

our goal is to remain in the UK as a couple, registering the child as a uk (at least half) citizen until at least the end on 2008 - the best way to achieve this goal is the fiancee visa? if we were accepted on the fiancee visa , after august, would we be entitled (as a couple) to any existing government support given to new families?

thanks again for the help so far, and please excuse any mistakes i make trying to understand this .

You would have to apply for a fiance visa in her home country, I'm not sure if she would be able to apply in Germany, someone else will probably know the answer to that for definite. You will need to show that her previous marriage has ended, ie her decree absolute, or german equivalent. If she is in the UK on a visitor visa, technically she is not allowed free NHS care unless she has an EHIC card from her time in Germany, so you might want to look into that. After the baby is born you will be able to register it as yours and it will get UK citizenship. YOU will then be able to get child benefit for the baby (Your other half won't be able to get this, even when she gets the fiance visa as she will not be able to get public funds) and if you get the visa you will be able to then apply for family tax credits when she has joined you in the UK with the baby.

Forgot to say, that if you have got a 1 year visitor visa, they have a bit of a thing about people who get a visitor visa and then spend the entire period in the UK on that visitor visa, ie if you have a 1 year visa the maximum length of stay for a single visit is supposed to be 6 months. They also expect you to stay no more than about 6 months within a 12 month period within the UK, otherwise they will regard you as abusing the system to live in the UK, so your application for a fiance visa may be affected by this if they think that she has abused her visitor visa status in the past. It's another thing to consider.

Edited April 13, 2008 by CharlieB