Fiance Visa

[mhouran]

Hi all , I know this subject has been covered probably many times but would just like some feedback. I will try and keep this just to the facts .

Met a lady in Udon Thani June 2008 We went out a couple of times. Then I returned to UK. We talked on the net MSN and email. Evolved into relationship. Was to come Thailand meet her again in December but had to cancell due to Thailand troubles. Came to Thailand february for 2 weeks stopped with her at her apartment. Got engaged . Now I want to bring her to the UK. We both trying to be sensible over it , we know if she cant live in UK no matter how much you love each other a marriage would fail. So we want her to come here , if she happy after a few months we will marry. She is 41 I am 51. She has work as a market trader but no house or savings. I have house , good job and can show earnings , telphone bills pictures of last meeting. Emails and text records back to June 2008. But have no pictures of our meeting in Udon in June2008. Having read about fincee visas I see it is a minefield, but ask an agency and always am told they can get a Visa 100% guarentee........ yes I know they canot guarentee. So can someone give me some pointers ? thanking you for any help

[7by7]

You are correct; no agent can guarantee a visa and those that do are lying. They are lying if they say 'no visa, no fee' as well. There is always something in their small print which means you wont get your money back if the application is refused.

If you do decide you need professional help, see an adviser in the UK who is properly regulated and OISC registered.

Whatever you do, do not seek advice from an adviser in Thailand (unless they also have a UK office and are OISC registered). Most so-called visa agents in Thailand are mere form fillers who charge exorbitant fees for their 'advice.' Even worse some are con artists, pure and simple. This applies particularly to certain agencies run or fronted by Brits.

If you are both unsure about marriage then maybe a visit visa would be a better idea, so she can come to the UK and see if she likes it.

If you have definitely decided to marry, then you can either marry in Thailand and she applies for a spouse visa or she applies for a fiance visa and then you marry once in the UK.

Fiance visa. This lasts for 6 months, during which she travels to the UK and you marry. Once you have married she applies for Further Leave to Remain which lasts for 2 years at the end of which she applies for Indefinite Leave to Remain.

I personally not take this route as you will have an extra application to pay for (the FLR after you have married) and she cannot work until after the marriage and she has FLR.

Spouse visa. You marry in Thailand and she then applies as your wife. The visa lasts for 2 years at the end of which she applies for ILR. With a spouse visa she can work immediately she enters the UK.

See:-

Chapter 13 - Settlement : Fiance(e)s, proposed civil partners, spouses, civil partners, unmarried and same-sex partners

Chapter 9 - The maintenance and accommodation requirements

Guidance - Husbands, wives and partners (INF 4)

Requirement for Tuberculosis testing for applicants visiting the UK for longer than 6 months

and for how and where to apply, UK Visa Application Centre

[mhouran]

Thank you for your advice it is greatly appreciated. However from reading the posts on this site it would seem that tourist Visa would be hard toget in this case as the lady in question has no registered employment , being self employed and able to move from market to market. Would this not mean a refusal for such a Visa on the grounds no reason to return ?

[venturalaw]

Thank you for your advice it is greatly appreciated. However from reading the posts on this site it would seem that tourist Visa would be hard toget in this case as the lady in question has no registered employment , being self employed and able to move from market to market. Would this not mean a refusal for such a Visa on the grounds no reason to return ?

There is almost always some way to secure a tourist visa. Just do it. It's not only better for you, but fair for her to be able to get a feel for what it is like to live in the UK. Plus, take it from someone who has personal experience - If ONLY I had secured a tourist visa instead of going for a fiance visa (to the US), I would have avoided significant trouble and expense. It's just not worth it. Bring her to visit. No matter how difficult, it's the only way to go. Trust me!