Tourist Visa At A End .. What Are My Best Options Now !

[Chris1616]

Hello everyone,

I would like to start by thanking people for the information on this forum I used some of the templates and advice on a tourist visas 6 months ago and managed to get a tourist visa so thanks a lot to everyone contributing to this forum.

A little background on my situation.

I meet my girlfriend back in August last year during a 5 week trip. I then returned to Thailand (Chaing Mai) for a 4 week holiday in October and then once again in January at which time I applied for a tourist visa.

I'm 23 years old, my girlfriend is 28.

I followed Robs settlement visa guide and a few other posts even though I was going for a tourist visa. I ended up with quite an overkill tourist visa but it was granted after a 3 day wait so it was worth it.

I added the usual bank statements , photos of us in chaing mai with her family , wages and photos of my parents home. I am still living with my parents so I added photos of our family home which is a large house (they like 1 person per room ? ). I also added about my father being married to his Thai wife and me having some Thai brothers. My Thai mothers visas were always on time etc so I don't know if that helped go for me in the visa.

My girlfriend has 2 children already but has never been married. We originally applied for a 3 month trip so I will need to mention why she stayed the full 6 months. She thought she was going to really struggle away from the kids for 6 months but turned out not so bad so I will mention this for a reason.

She has some land and a house in chaing mai along with some land and a house in Koh Chang I will add the documents in to the Visa along with some other documents for her shop/car in Bangkok.

Her Thai mum has lived in Norway all her life so she has traveled to Norway and has some old visas in her passport ( no overstays etc )

We are now returning to Thailand and would like to submit a new visa. I leave for Bangkok on august 9th so I have around 10 days to make this visa.

I would basically like some advice on people returning after a tourist visa.

Should I go for a settlement Visa or the other option of a Fiancé visa ? I don't really want to go for another tourist visa my girlfriend is very limited on it and would rather one of the other visas so she can start to build her life better in the UK ( college , Work etc )

I was also thinking about handing the visa in after a week or so. We will go to our home in Chaing mai and sort some of her documents then travel to Bangkok and hand the visa in.

Is that to soon after returning ?

Thanks to everyone for the help from before and hopefully following.

Chris

[7by7]

Should I go for a settlement Visa or the other option of a Fiancé visa ? I don't really want to go for another tourist visa

A fiance visa is a settlement visa.

She wont get another tourist visa at present; visitors cannot spend more than 6 months out of any 12 in the UK.

So the two of you have a big decision to make; do you want to marry and spend the rest of your lives together?

If the answer is "We don't know" then I suggest that you wait until you are sure; don't get married just so she can come back to the UK!

If the answer is "Yes" then you have two options.

1) Fiance visa. This is valid for 6 months, during which she travels to the UK, you marry and she then applies for a 2 year Further Leave to Remain. At the end of the two years she applies for Indefinite Leave to Remain.

2) Spouse visa. You marry in Thailand. The visa is valid for 27 months and after she has been in the UK for 24 months she applies for ILR.

Unless you have strong reasons for marrying in the UK, I believe that the spouse visa is the better option for 2 reasons:

1) Fiance visa holders cannot work until they have FLR; spouse visa holders can work from day 1 in the UK.

2) Fiance visa holders have to make an FLR application after the marriage, and pay for it!

If you decide that marriage and settlement in the UK is what you both want, obviously she can apply for her children to come as well; either at the same time or later.

The following may be of help to you:_

Guidance for British nationals wishing to marry in Thailand

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

Maintenance and accommodation

SET01- Fiancé(e)

Spouses

SET07 - Children

Visa applications, especially settlement, are taking longer than usual at te moment; expect a wait of around three months.

[Chris1616]

Thanks a lot for the quick reply.

Yes we would like to marry in Thailand before returning unless a spouse visa is harder to obtain.

I know the waiting list is around 12 weeks (?)

Is that the same for the Fiance visa ?

Should i wait longer than a week before asking for another Visa or can you apply soon as you get back in Bangkok ?

Thanks a lot for the help !

[7by7]

The requirements for a spouse visa and a fiance visa are essentially the same; except for a spouse visa you need to show that you are married and for a fiance visa you show that you will marry once in the UK.

The waiting time is the same for all types of settlement visa.

She can apply immediately she returns, if she so wishes. The "6 months out of 12" convention wont apply as she will be applying for settlement, not a visit.

[Chris1616]

If she changes her name when marrying im guessing we will need to wait for her new ID card/Passport before applying for the Visa ?

If so does anyone know how long these things take in Thailand ?

She doesnt have to change her name i dont mind doing that in the future but with us only knowing each other for a year i thought it would look more legit/offical if she got her name changed ?

[7by7]

The wife tells me that she should change her ID card (which is what she did) but I have a feeling the law on this has recently changed.

Certainly, as far as the UK is concerned, there is no compulsion for a wife to take her husband's surname on marriage. Therefore there is no reason why her visa application cannot be made, and her passport remain, in her maiden name.

Although she did change her ID card shortly after our marriage (about 30 mins at the ampur) my wife did not get around to changing the name in her passport until she renewed it at the Thai embassy in London; about 4 years after she first arrived in the UK.

Indeed, at one time she had a Thai passport in her maiden name and a British passport in her married name!

[Chris1616]

Thanks alot once again.

I think i will keep her name and apply. Then change her name during our next return to Thailand if i get the Visa.

In regards to her getting a tourist visa already but only us knowing each other 12 months do i have more chance with a settlement or a fiance visa ?

I Know someone cant give a 100% correct answer but a few opions would be nice. Im not so worried about the costs involved just getting the visa.

[7by7]

The requirements for a spouse visa and a fiance visa are essentially the same; except for a spouse visa you need to show that you are married and for a fiance visa you show that you will marry once in the UK. You have exactly the same chance whichever one you decide to go for.

Having granted her visit visa on the basis that she is in a relationship with you, they can not now refuse a settlement visa on the grounds that they do not believe the relationship is genuine. So, provided you show that you satisfy the maintenance and accommodation requirements I don't see a problem.