Uk visa advice

[the scouser]

I apologise for such a long post, but members seeking to take their other halves to the UK may find the following useful. I am in no way whatsoever associated with the British embassy in BKK and what follows is based upon my own experience. I am happy to respond to any questions and to be corrected on any omissions.

Guidelines for members on applying for visit and settlement visas for the United Kingdom.

1. Visitors:-

A person applying for a visit visa to go to the UK must satisfy the visa officer that they intend to leave the UK at the end of their holiday (maximum 6 months’ duration). Evidently this cannot be proven prior to the event. Therefore the visa officer will interview the applicant, not on the day the application is submitted, in order to establish his/her credibility.

In deciding whether to grant the visa, the visa officer will take into account such factors as how long the applicant has known the sponsor, how and how many times both parties have met, how frequently they correspond, the applicant’s knowledge of the sponsor, who will be financially responsible for the applicant whilst in the UK, and the applicant’s circumstances in Thailand. You can expect these areas to be fully and intimately probed. Evidence of the sponsor’s ability to maintain and accommodate the applicant and of correspondence (copies of e-mails, phone bills etc.) will be necessary as well as a copy of the sponsor’s passport and a letter of sponsorship.

Realistically the only successful applications will be those of wealthy Thais or of applicants whose sponsor has resided with them in Thailand for a lengthy period of time. Those who come to LoS for a fortnight’s holiday and meet the love of their life on the first day in some forsaken fleshpot, promptly lodging the application at the embassy the following day, can kiss it goodbye. Having said that, there are exceptions but they are not too common.

Employment is prohibited whilst in the UK and refusal of the visa does not attract a right of appeal except if the application is to visit a relative.

2. Settlement.

This visa is sought where an applicant is married to or intends to marry a British citizen, or a foreign national already settled in the UK, and permanently reside in the UK. Again, the applicant will be interviewed. For an applicant to obtain such a visa several criteria have to be met:-

i) If not yet married, that the two parties have met;

ii) If not yet married, that they intend to marry  and are free to do so;

iii) That sufficient funds are available in the UK for the applicant’s support;

iv) That there is adequate accommodation for the applicant in the UK, and

v) That the two parties intend to live together as husband and wife in the UK.

The first 4 categories are relatively easily fulfilled. The applicant will need to submit to the visa officer photographs of himself/herself with the sponsor, copies of e-mails, letters, and telephone bills etc. Original marriage/divorce/death certificates, which if in Thai should be translated by an officially recognised organisation, should also be supplied as should the sponsor’s latest mortgage statement, bank statements (at least 6 months’ worth) and wage slips (3 months’ worth). If the intended matrimonial home is rented then a letter from the landlord should suffice. In terms of what constitutes adequate accommodation, one bedroom for the sole occupation of the applicant/sponsor is acceptable.

Point v) is the potential barrier. Again, it is not possible to prove a future intention so, again, the visa officer will assess the applicant’s credibility based on what he/she says when interviewed. The same ground will be covered in the interview as for a visit visa, but in greater depth. Basically, if it becomes apparent that, inter alia, the applicant has little knowledge of the sponsor then the visa officer could deduce that he/she does not intend to permanently live with the sponsor. Likewise an applicant with an over keen desire to work or with a plethora of mates in the UK could possibly be subject to the same decision by the visa officer.

Refusal of a settlement visa does attract a right of appeal.

Conclusion.

In terms of both visit and settlement visas the rules are somewhat open to the interpretation of the individual visa officers who can be capricious beasts depending upon whether they got their leg over last night, have a hangover, or if the current interview is the last one on a Friday afternoon. Additionally, different British embassies may have different policies depending upon the nature of their applications; e.g. the likes of Bangkok and Manila may be tougher than others on the interpretation of the settlement rules because they form such a large part of their workload and the visa officers therefore become “expert” in dealing with them.

If you are a national of A European Union country settled in the UK and wishing to sponsor a Thai for settlement then different, more lenient, rules apply. That also goes for Brits who may also have, for example, an entitlement to an Irish passport or who have lived in an EU country other than the UK. Remember, all visa fees are non-refundable.

Regards,

Scouse.

[flackjacket]

Excellent infomation Scouser, it should not need repeating but go to the British Embassy dressed at least "smart casual" as they are still of the Old School. Tank tops, hairy armpits,shorts and a smell of stale beer are a dead killer. In a similar vein, the lady would be best in a dress, skirt and top or smart trousers and top. First appearances do count.

Back in 1997 I put in a co sponsors letter from my old company M.D. and a reference from my then girlfriends ex employer only to be told they were false. When challenged, especially re the Thai reference whose office was only 3 km away, we were told "We do not have the resources to follow these up" (so why supply them in the first place) My ex M.D. made a complaint to the F & C Office in London and after a face to face discussion with the Head of Dept it was grudgingly said "We will look on this more favourably next time"

To be fair, since then the application and granting of a visa has been quick and smooth, especially once we were married(UK marriage certificate). It seems to depend on who does the interview and a polite posative approach does help. Remember calling them all the shits under the sun will not help your next application!!!

[chonabot]

Another point is , the sponsor (boyfriend/husband etc ) is very rarely, if ever, interviewed.

It can be so frustrating when your spouse/fiancee/girlfriend is being torn to shreds by the Thai and Uk visa interviewers, and you can't do anything about it( Behind close doors)

My ,then fiancee, was turned down, firstly for a Holiday visa ( as expected), we were advised to apply for a settlement visa

, this was also turned down ( 6 months later).

It's that old thing of trying to convince these people that your relationship IS genuine, she WON'T run off after 6 months or so....

How the heck can anyone be sure of such a thing.

Anyway, we appealed, won the appeal ( this can be done Free of charge in the Uk visa Immigration Advisory service )

7 years later, we're together still ( amazing!) with 2 boys!

In that time at least 5 of my mates have been divorced, imagine that...all were married to Uk ladies..

ps now moved back to Thailand to experience a better if not more settled way of life.

[sevinnow]

Very interesting points and experiences.

But why anyone would want to locate to the UK after marriage to a Thai national beats me in the first place.

I think if you have all the neccessary means (money) ect. then surely LOS is a far more attractive proposition to settle down and enjoy life.

Unless of course you miss the cold,rain,tax,attitude,cost of living the list is endlesss.

Regards & Respect.

Sev

:cool:

[the scouser]

Ok Sev, I know what you mean, but it's there for those who, for whatever reason, wish to apply for a visa for the UK. We may have made our decision but that is not to say that those with a different opinion are wrong (or we are right!!!).

Regards,

Scouse

[chonabot]

Sev , when you are living in the UK at the time , it's not a case of "locating to the Uk", just a case of returning home.

As I'm sure you're aware life can be more simple if we take things one step at a time

[wolf5370]

I know I have said this before, but I think it belongs here so I'll repeat it. If you are married already (properly - have registered it etc) then the UK Governemt or any EU country can NOT legally deny her/him a visa. The reason for this is a European Law on Human Rights that denies any state the right to separate a family (there are exceptions of course - Jail for one, or the removal of children from a dangerous environment etc). The Embassy may disregard this, but will always back down on appeal if presented with a writ from the European Court of Human Rights (or a letter from a EU Lawyer threatening this perhaps) - you do not have to actually go to court (this would take years and much money). I know someone that did this, expensive (about £5k), but it works.

[the scouser]

If only it were so simple Wolf, but unfortunately it's not. A settlement visa can still be refused by the embassy even where the decision involves splitting up a family. However, each case is judged on its merits. Consequently, whereas your friend was successful that does not automatically mean that every human rights claim will be so.

The European Convention on Human Rights (ECHR) was enshrined in English and Scottish law with effect from 1/10/2000 as the Human Rights Act 1998 (HRA). The result of this was that an individual who felt that his/her human rights had been infringed by a UK public body, or a private entity operating on behalf of the public, could seek redress from within the UK rather than going to the European Court.

Article 8 of the HRA provides that an individual has the right to a private and family life. However, these rights are secondary to the state's. The British government can therefore argue that its operation of an immigration control is more important than a person's right to family life. Furthermore, they can say that the right to family life does not confer a right to exercise that in the UK; ie they are not splitting up the family because that entity could, in this example, live together in Thailand.

It is expected by the British authorities that somebody who lodges an application for a visa will, at the same time, mention all other relevant facts including any human rights claim. Should both the visa and the human rights claim be refused then a right of appeal against both decisions does exist.

Hope this clarifies the situation.

Regards,

Scouse.

[wilson steer]

Best advice is to go to a 100% success money back no visa 'fixer' shop. They charge 40,000 baht but a visit visa is a certainty. It's bent, it's expensive but it works. It even works if you have 'known' the bar girl 5 days!!

[chonabot]

What for any Embassy?..hmm methinks urban myth time :cool:

[markt]

We applied for, and got, a 6 month tourist visa for my wife, then girlfriend.

Then once in the UK we married and applied for residency.

OK, those people at the Home Office were really tough but at least it could all be done closer to home.

That was back in 1996.  Now we have a daughter and my wife a job and lots of friends.   She doesn't even like going back to Thailand, although i do.

[the scouser]

And save you the difference between the cost of a visit visa and a settlement visa, too! Bit of a tricky one, this one. Yes, it is possible to marry and gain residency from within the UK  having entered as a visitor, but if the home office believes that this was the intention from the word go they can insist upon you leaving to obtain another visa.

Scouse.

[markt]

To be honest scouse,  we never set out to do it that way.

One day at work i was reading a paper and the headline mentioned that the law was going to be changed soon regarding tourists marrying and settling in the country.

We just thought "well, why not."

[JELLIS1000]

Hi, we will be applying for a fiance visa in Febuary, we meet all the criteria by far but I can't seem to find the answer to 1 question I have, the plan is that we will apply in Febuary and go home in May, I have lived in Thailand for nearly 4 years, I have recently started working offshore in The USA and am currently working 8 weeks and 4 off, we will go back in May and then again in August at which point we will get married BUT we don't plan to live in the UK, the plan is to stay in Thailand throughout the winter months and the UK in the summer, can anyone advise if this will be a problem?

Thanks

Jellis

[the scouser]

If you don't intend to settle in the UK and your wife-to-be has no intention of seeking employment whilst there, it'll be cheaper for her to apply for a "marriage visit" visa which will grants her the same entry conditions as a visitor (a maximum stay of 6 months) but will also enable you to marry. For subsequent stays in the UK, a usual visit visa can be sought.

Scouse.

[Deanuk]

Hi all,

scouse your quite correct...on my wife's recent refusal it clearly states on the botton that because she was refused a uk visa ...that didnt stop me from going / living in thailand.

I recently spoke to a guy from the appeals in loughborough UK...when i asked him where i i stand on human rights issues he repied " i can't comment"!!

What a world we live in!!

Dean

[JELLIS1000]

If you don't intend to settle in the UK and your wife-to-be has no intention of seeking employment whilst there, it'll be cheaper for her to apply for a "marriage visit" visa which will grants her the same entry conditions as a visitor (a maximum stay of 6 months) but will also enable you to marry. For subsequent stays in the UK, a usual visit visa can be sought.

Scouse.

Thats great thanks, if we went for that visa instead of a settlement, would it in anyway hamper any chances later to get a settlement visa, we are both in our twenties so we may wish to stay in the UK and the Mrs work - at a later date?

[the scouser]

....would it in anyway hamper any chances later to get a settlement visa...

Not at all.

Scouse.

[atlastaname]

I was just about to type a reply pointing out a few of scouse's errors when i noticed that the OP was written 3 and a half years ago , and only the last couple of replies were todays. That could explain some apparent errors (stating that realistically only wealthy Thais or those who had known their sponcers a long time living together in Thailand would get a Visit Visa for example .. GU22 wouldn't let that pass nowadays!! ) or calling the ECO's "capricious beasts " that would certainly draw his wrath .

But seriously most of the advice is pretty accurate still and it made interesting reading to see the bits that have changed. And unfortunately the bits that have not !! (ECO attitude for one)

Of course now that he does it for a living we are not treated to these long original posts by him anymore. Thats something else that has changed

[the scouser]

'Twas all in my frivolous youth.

Scouse.

[the gent]

'Twas all in my frivolous youth.

Scouse.

So, no change there then..........

[the scouser]

So, no change there then..........

Are we acquainted?

Scouse.

[the gent]

So, no change there then..........

Are we acquainted?

Scouse.

Possibly, but serendipity was never the most reliable of midwives..........res ipse loquitur?

[the scouser]

Your comment speaks for itself.

Scouse.