What Are My Options

[narrad]

Hi All.

My first post on this site so my apologies for going over ground that I am sure has already been covered before, but circumstances are different from person to person.

I have resently returned to the UK after living and working in Thailand for the last 2 years. I have a wonderful lady back in LOS. We want to be together and my mid to long term future appears to be here in Blitey. I want to start to explore my options for getting her here for a visit or to live. I don't know where to start and as money seems to always be a major factor with these things, I thought I would try to get some good FREE advice first. Don't get me wrong when it's time to cough I'm good for it but for now I just want to know my options.

Firstly I am divorced, I don't own a property and I haven't got any savings as such, see divorced I am unemployed but I don't see that lasting for too long as I am well qualified and reasonably educated. I am however thinking of personal bankruptcy in the very near future, as I just can't see another way out of the financial s&!t I am in.

If a sponsor was needed then my parents own their own house and have got plenty of savings, but I am not sure that this could be a way around things.

She is 32 and working as a general manager and book keeper for a European ran company. She is on good salary 20,000bht a month so can show goo reason for return if needed.

With all that in mind where do I stand on the different types of visa that are available to us? Come to think of it what are the different types of visa available to us?

Thanks in advance for any light you may be able to shed.

narrad

[Mossfinn]

My first post on this site so my apologies for going over ground that I am sure has already been covered before, but circumstances are different from person to person.

Don't worry about questions, there will always be someone to answer and in generally will better than mine

I have resently returned to the UK after living and working in Thailand for the last 2 years. I have a wonderful lady back in LOS. We want to be together and my mid to long term future appears to be here in Blitey. I want to start to explore my options for getting her here for a visit or to live. I don't know where to start and as money seems to always be a major factor with these things, I thought I would try to get some good FREE advice first. Don't get me wrong when it's time to cough I'm good for it but for now I just want to know my options.

You don't state how long you have known your friend?

Your prospective visa will be decided by your future intentions, a visit or settlement?

If your money is a bit tight but willing to splash a little cash, contact the sponsor of this forum, no guarantees but good info all the same.

Firstly I am divorced, I don't own a property and I haven't got any savings as such, see divorced I am unemployed but I don't see that lasting for too long as I am well qualified and reasonably educated. I am however thinking of personal bankruptcy in the very near future, as I just can't see another way out of the financial s&!t I am

in.

As long as you can provide for your family without recourse to public funds, no matter the straights you are in including bankruptcy then that will help toward your application.

If a sponsor was needed then my parents own their own house and have got plenty of savings, but I am not sure that this could be a way around things.

Third Party sponsorship will not be considered I am afraid, for a visit visa.

She is on good salary 20,000bht a month so can show goo reason for return if needed.

With all that in mind where do I stand on the different types of visa that are available to us? Come to think of it what are the different types of visa available to us?

If she gets a written letter of return of a job, then it would help.

Good Luck

Moss

[the scouser]

Moss has got his wires crossed a little. In relation to a visit visa, your family can act as financial guarantors, but cannot do so in relation to a settlement application. That said, if your girlfriend can fund a visit herself, she does not necessarily need a financial sponsor.

In relation to a settlement application, you cannot use your parents as financial guarantors, and you will need to show that you and your girlfriend have sufficient income/savings with which to support yourselves. However, a bankruptcy order would not, per se, be a bar to her getting such a visa.

Scouse.

[Mossfinn]

Moss has got his wires crossed a little. In relation to a visit visa, your family can act as financial guarantors, but cannot do so in relation to a settlement application.

You know, I might get that bit right some time in the future In my defence I was listening to the Ryder Cup and being consoled by a rather fine Single Malt.

Good Luck

Moss

[narrad]

Moss has got his wires crossed a little. In relation to a visit visa, your family can act as financial guarantors, but cannot do so in relation to a settlement application. That said, if your girlfriend can fund a visit herself, she does not necessarily need a financial sponsor.

In relation to a settlement application, you cannot use your parents as financial guarantors, and you will need to show that you and your girlfriend have sufficient income/savings with which to support yourselves. However, a bankruptcy order would not, per se, be a bar to her getting such a visa.

Scouse.

Thanks very much for that and I will obviously need to come and see you when I am in Thailand next.

I plan to be there for a couple of weeks Dec23-Jan6 so if we can arrange something for then that would be great.

Just for the record I have known her for 8 months now, we lived together for the first 6 in Pattaya and I've been back for 2 months now.

PS any discount for fellow scousers

[7by7]

In relation to a settlement application, you cannot use your parents as financial guarantors

I beg to differ.

From Chapter 9 - The maintenance and accommodation requirements

9.7 - Assessing adequate means of maintenance for fiancé(e)s and spouses or civil partners

Members of the couple’s families in the UK may offer to maintain the couple adequately until they can do so from their own resources. This is acceptable in the case of fiancé(e)s/proposed civil partners who are not permitted to work until the marriage/civil partnership. However, for spouses or civil partners, such an arrangement would not satisfy the Rules, which require the couple to maintain themselves. Nevertheless, it may be appropriate in certain circumstances to exercise discretion for a spouse or civil partner where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK.

[the scouser]

As the Entry Clearance Guidelines indicate, family members may initially pledge financial assistance in respect of a fiancé(e) application, but the applicant would have to show that immediately following the marriage the parties to it would be in a position to support themselves.

In general terms, the parties to the marriage will have to demonstrate that at some stage of their relationship they will be able to maintain themselves, and if they can't do this from the outset, they're going to find it even more difficult to show that they can do so later on. As a result, and although the ECGs may indicate that it's feasible, the practicalities are somewhat different.

Scouse.

[7by7]

I know a couple who were in a similar situation to Narrad, i.e. returning to the UK after some time living in Thailand. They were married and had an offer of financial support from the British partner's parents until he found work in the UK. They also provided details of the British partner's qualifications, the type of work he was seeking and copies of letters he had sent to prospective employers in the UK. The visa was granted without an interview.

As Chapter 9 of the Entry Clearance Guidance - General Instructions, Para 9.7 says

If the applicant and/or sponsor has skills or qualifications which offer a reasonable chance of obtaining employment or already has employment arranged, that should be viewed as sufficient to meet the maintenance requirement without having to make further enquiries.

Although the Immigration Rules do state that a married couple should be able to support themselves, the Entry Clearance Guidance - General Instructions, Chapter 9, Para 9.7 also clearly says

it may be appropriate in certain circumstances to exercise discretion for a spouse or civil partner where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK.