Uk Visa - Advice Reqd

[jimflan]

I currently live in the Uk and although I spend a lot of time in Thailand (I visited 4 times last year) I intend to stay in the UK at least until until my lad finishes his GCSE's (Jun 2010), and then move to Thailand.

My wife and I were separated for nearly 4 years and she died last Autumn. I have been with my Thai girlfriend for over a year, and she is in currently in the UK with me and my kids on a 6 month Visitor Visa. This runs out in May and after that I'm not sure what to do. Although my kids like my Thai G/F very much they are understandably very sensitive to me marrying her (I guess it's simply too soon for them).

So, getting a fiance visa (where as I understand it we have to commit to marrying within 6 months) does not look to be a go-er at the moment. Nor does getting another Visitor Visa (as they only allow 6 months out of 12 to be spent in the UK) - unless I can get some kind of exemption ?

Neither of us can bear the thought of being separated for six months, so we're open to any suggestions, advice etc

She will be returning to LOS in a couple of weeks because (i) she only had a 3 month air ticket (she came to UK in December), and (ii) she has some family stuff to sort out.

Me and the kids go out to LOS to meet up with her and spend most of April in LOS together. Then all of us (incl my GF) will travel back to the UK at the end of April.

She can then stay for the remainder of her visa (end of May) i.e. 1 month, and then she will have to go back to LOS (unless someone can suggest something different ?).

If you take the Visa rules/guidelines at face value, she cannot then come back to the UK on another VV for another 6 months. So what options do you think we have ? e.g. would they accept the reasons for us not being able to marry (my kids being too upset given that their mum only died 5 months ago) as reason enough for granting another VV immediately or is it a waste of time asking; or are there any other ideas/sugestions ?

[Lite Beer]

Moved to here.

[7by7]

She cannot spend more than 6 months out of any 12 in the UK as a visitor. From what you said she will have only spent 4 months on this visa, so she could apply for another visit visa but this would only allow her another 2 months between now and the end of the 12 month period.

As far as I can see, that is your only option, other than settlement as either your fiance or spouse.

I can understand your sensitivity toward your children's feelings, but although their mother died only last year you and she had been separated for 4 years. Maybe you should sit down with them and have an open and frank discussion about this. From what you have said, they like your girlfriend and you may well find that they not only have no objections to you marrying her but would also be happy for you and welcome her into the family.

If you do marry, then I would suggest that you both spend at least three years living in the UK together. This is because as the spouse of a British citizen she will by then be time qualified for British citizenship herself. If she were only in the UK with a visa of some sort then this could lapse if she spent any length of time out of the UK and so she would need to obtain another visa should you both lived in Thailand wish to visit your kids in the UK. However, once she is British then she can leave and re-enter the UK for as often and as long as she likes; the same as any other British citizen.

Both the UK and Thailand allow dual nationality, so becoming a British citizen wont effect her rights as a Thai citizen in any way..

[edwinclapham]

She cannot spend more than 6 months out of any 12 in the UK as a visitor. From what you said she will have only spent 4 months on this visa, so she could apply for another visit visa but this would only allow her another 2 months between now and the end of the 12 month period.

As far as I can see, that is your only option, other than settlement as either your fiance or spouse.

I can understand your sensitivity toward your children's feelings, but although their mother died only last year you and she had been separated for 4 years. Maybe you should sit down with them and have an open and frank discussion about this. From what you have said, they like your girlfriend and you may well find that they not only have no objections to you marrying her but would also be happy for you and welcome her into the family.

If you do marry, then I would suggest that you both spend at least three years living in the UK together. This is because as the spouse of a British citizen she will by then be time qualified for British citizenship herself. If she were only in the UK with a visa of some sort then this could lapse if she spent any length of time out of the UK and so she would need to obtain another visa should you both lived in Thailand wish to visit your kids in the UK. However, once she is British then she can leave and re-enter the UK for as often and as long as she likes; the same as any other British citizen.

Both the UK and Thailand allow dual nationality, so becoming a British citizen wont effect her rights as a Thai citizen in any way..

...Good Luck and very best wishes on your new venture., I am sure your children will come around and as the previous poster gave you good advice, not a lot more to say apart from on a sensitive note, please be very careful when it comes to your goods and chattels, there have been a few disasters where the Thai wife (western women as well) have managed to get their hands on your possessions. Please do your research and Wills carefully better to ere on the side side with caution, seek good legal advice before hand. Very best wishes E

[nigelandjan]

I think you have to be a little more honest with yourself my friend , I to was seperated 4 years ago and subsequently divorced and allthough my ex is still alive , my son has quite happily accepted my new Thai wife , infact he loves to learn from her cooking ,, my grandchildren also love the different cultural experience she has brought them . Ok I accept he is older than yours but the principal is the same , especially as my ex is not as well off as she thought she would be after dumping me after 30 years. Is it your children or you that have doubts about re-marrying ? be honest ,,,,,,if you cannot bear to be apart then its back off to BKK for her to begin all the hoop jumping excercises to get her 6 month fiancee visa ,, and if you do go that route dont forget you havent actually in reality got 6 months to make up your mind , you really need to do it inside 4 to make sure you get her FLTR in time . Please dont get me wrong I am not being judgemental about your post in any way , as you alone know trully how you feel , but mabe I have just rang a little bell somewhere. Anyway good luck to you all for your futures whatever you decide, do your homework and tread carefully , when you feel confident enough I am sure you wil be able to take both feet off the bottom of the pool.

[theoldgit]

Has the advice you got here been the same as on the other forum you asked for advice?

[7by7]

6 month fiancee visa ,, and if you do go that route dont forget you havent actually in reality got 6 months to make up your mind , you really need to do it inside 4 to make sure you get her FLTR in time

Not really. As long as one's current leave to remain is still valid when the application is submitted then that LTR will be automatically extended until the application is decided.

[jimflan]

Moved to here.

Not an option until my lad finishes his GCSE's next year. Thai schools are crap - even the International ones I've looked at (and even if I found a good one of them I couldn't afford to put all 3 of my kids through one of them). If it were just me and my G/F we'd be off to LOS like a shot, but that ain't the case and my kid's education comes first.

Edited March 6, 2009 by jimflan