Family Visitor Visa Or Settlement Visa To Uk

[thaitrader]

I have known my Thai girlfriend for over 3 years met her in NE Thailand whilst on business. We became 'unmarried partners' more than 2 years ago and hence in theory we qualify for settlement I believe. She has visited me recently on a 6 month visitor visa (granted without interview and very swiftly - very efficient and fair) for nearly 6 months and she has just returned. I intended to return with her and spend several months in Thailand before returning to the UK but a combination of factors (selling my house, my acute and unexpected illness and most importantly my ex wife has become totally unable to have our daughter live with her I must now look after her 100% 24/7). No problem to look after my daughter and happy to do it without my ex wife (but previously I had been travelling often: to and from Thailand and now simply cannot. Consequently my partner is left alone in Thailand and I in the UK without her.

If she applies for another 6 month family visit visa she appears to fall foul of spending more than 6 months in any one year in the UK (albeit the wording states ordinarily). But our circumstances are certainly not ordinary at this time due to my serious illness and need to keep attending hospital and yet unexpectedly look after my daughter alone. Does the British Embassy look at unique or unusal circumstances or is the rule a fixed one?

The alternative is a 2 year settlement visa and I clearly comply on all levels eg sponsorship, house, job, money etc but detailed official proof of 2-3 years as 'unmarried partners living effectively as husband and wife' is difficult - I never thought I would need to keep paperwork or proof and all I have is as dozen or so visits to Thailand stamped in my passport. But with the exception of many many photos from all over Thailand over a period of three years all my 'official' verifiable proof seems to be go back only about 18 months ago when we realised we needed to start keeping paperwork eg. my Thai bank account registered at her address, plane tickets, joint UK bank accounts, thousands of telephone calls, joint fixed line telephone bills, joint utility bills etc. She earns a good wage so I have never supported her so I cannot show support and money flowing from me to her. The only 2 year+ concrete document might come from a local government official who can genuinely confirm he knows we have been living together in her town whenever I have been in Thailand on extended periods. He may be willing to verify that is true - but is it enough. In 6 months time I will have a solid 2 year paper trail but it seems harsh that we cannot apply now simply because we did not realise the paper trail was necessary and we did not retain solid proof for the last 2-3 years only the last 18 months

So what extent of proof is needed for settlement visa?

Is there any way round or flexibility in the 6 month out of 12 month rule?

Thanks in advance for any help.

[thaitrader]

Oh and I forgot to mention my partner has a Thai sister currently living in the UK (on a settlement visa) having married an English man 7 years ago but she only came to the UK one year ago so = more family one sister one brother in law and me

[Merangue]

You do not need to provide proof of living together for a settlement Visa. You need to show you have a genuine relationship only and provide evidence of such.

As an example, phone bills between the two of you, letters, emails, time spent together is of course excellent evidence. Photo's of you together is also good evidence especially if you can demonstrate a timeline of some kind.

Otherwise there would be times when a couple get married yet one has to return to the UK for work and they are not allowed to live together.

Check out Robs guide stickied at the top of this forum. It is an excellent guide to showing what kind of evidence you may need.

Edit..... Reading your post again it would seem you have more than ample evidence of your relationship.

[thaitrader]

Thanks Merangue I thought so too - but I have read so many threads that seemed to indicate the contrary - the wind was knocked out of my saild and I simply did not know which way to move forward.

On the separate matter - is the 6 month in 12 months for a visitor visa cast in stone or can there be exceptions?

[7by7]

To qualify for settlement as unmarried partners you must have been living together in a relationship akin to marriage for at least the last two years (Immigration Rules, Para 295A(i)(a))

From what you have said it appears that you are living in the UK and she is living in Thailand. So, although you have frequently visited each other, I think it may be difficult for you to satisfy the living together requirement.

Therefore, if applying for settlement I think that you should either marry each other in Thailand and she then applies as your wife or she applies as your fiance and you then marry in the UK (the former is better, IMHO, as it is cheaper in the long run.)

As you say, the "no more than 6 months out of any 12" for a visitor is not a rule, but a convention, There are circumstances where this limit can be increased. Whether your circumstances would permit this I don't know. But if she is allowed to visit for longer then she would still be a visitor. She would still only be allowed a maximum of 6 months in the UK on any visit and would not be allowed to apply for settlement while in the UK as a visitor, she would have to return to Thailand to do so. If it appeared to the ECO that she intended to remain in the UK long term then her application would be refused. Even if she was issued with another visit visa so soon after returning from a long visit, immigration at her port of entry could still refuse her entry if they felt her intention was to settle, not visit.

Perhaps you should seek professional, qualified advice on this point.

If the intention is for you both to live together in the UK, then it is a settlement visa she should apply for, not a visit.

[Merangue]

Sorry my bad, i misread.

Was in my mind the OP was intending to marry before making the application.