Please Help Me Choose Wisely (uk Visa)

[mekongtarzan]

Hello guys i need the beniffit of your combined wisdom. first ill describe my situation then the help i need.

about us:

I came to thailand 2 years ago for a holiday and to get my skippers ticket at gulf charters sailing school and (yes you guessed it) i find myself now two years later still here and with my thai partner and our beautifull young daughter (11 months old),and as my finances are now running out its time to return to good old blighty(uk).

I have obtained a uk passport for my daughter so she and i can travel with ease but now i face the problem of getting my partner (female) a visa,i am not sure which type of visa i should apply for settlement,family visitor or tourist. The most important thing is just to get them home with me but i also want to get it right first time.

information relevant to the situation also is the fact that for the last two years i have been living on monies i had earned previously as a self-employed builder so i have no proof of earnings for this period and have not retained a house in the uk either, however my father is happy to sponsor or otherwise financially garanttee us and our intention is to stay at the family home while in the uk.

We dont need to stay longer than 2 years as i have work waiting for me and the intention is to return to thailand and plant more rubber trees within that time.

Also relevant my partner was issued a 6 month uk tourist visa 2 years 6 months ago with a different sponsor and i am recently divorced, we intend to marry later when we return to thailand.

so please advise what type of visa and any helpfull hints would be most appreciated im a bit shocked that noone at the visa section in bangkok will help me and im expected to pay one of the expensive thai experts lurking downstairs waiting to take my money

[Hawkinschris]

im not a Visa expert, but I think you will struggle to get your partner a 2 year Visa. 6 month Family or Tourist is more likely....

if its a definte 2 year you need to stay, you might be better of getting married now before you apply!

[7by7]

A visit visa would not be suitable as, even if one has a two year, five year or longer one, the maximum a visitor can usually spend in the UK is 6 months out of any 12.

So if she wants to stay for at least 2 years then settlement is the only option.

If you can show that you have been living together in a relationship akin to marriage for at least the last 2 years then she can apply as an unmarried partner.

Otherwise she will need to apply as your fiancée or as your spouse.

A fiancee visa lasts for 6 months. During this period she travels to the UK and you marry. She then applies for Further Leave to Remain, which lasts for two years; at the end of which she can apply for Indefinite Leave to Remain.

With a spouse visa you first marry in Thailand. The visa lasts for 27 months, and once she has been in the UK for 24 months she can apply for ILR.

To qualify for ILR she will need to demonstrate her knowledge of language and life in the United Kingdom.

ILR is, as the name suggests, indefinite. However if it were to become apparent that she was no longer resident in the UK it could be revoked; especially if she were to spend a continuous period of more than 2 years outside the UK.

If you can extend your stay in the UK for another year, once she has ILR and has been living in the UK with you for 3 years she can apply for British citizenship; so will be able to enter and leave the UK as often and for as long as she wishes, just like any other citizen. Both Thailand and the UK allow dual citizenship, so doing this will not effect her status or rights as a Thai citizen in any way.

See also Guidance for British nationals wishing to marry in Thailand and TB certificate.

Living with your parents is fine, but they will need to show that there is at least one room for your exclusive use and, ideally, another for the child. If they own they will need proof of this; e.g. mortgage statement, copy of the deeds. If they rent then a letter from their landlord confirming that you can live there and that there is room for you.

Financial support from your father will be OK for the short term; but you will need to show that this is a temporary arrangement and you will be able to support yourselves within a reasonable period. Your father will need to show he has the means to support you; bank statements and wage slips or other proof of income.

See Maintenance and accommodation

Forgot to add, she will need to mention the previous visa on the relevant part of the application form. To avoid the risk of further questions, and consequent delay in the application, she should also explain what happened to that relationship in her initial, written application.

Edited July 31, 2009 by 7by7

[mekongtarzan]

7by7

thanks very much indeed for taking the time to help its a beacon of light to me in a murky situation. I am digesting all that you have said and reading the relevant

pdf. application forms. I will post again and trouble you once more with some fine tuned questions about either the spouse or unmarried partner visa's

thanks once again "the gift of kindness to a stranger is a gift without compare" (me just now)

"None are more hopelessly enslaved than those who falsely believe themselves to be free" (someone famous a while back)

[ThaiVisaExpress]

You would probably be best to marry as 7/7 has said and obtain a 2 year settlement visa.

You mas stay with family however third party support is only short term how big is the property ?

If you require professional help feel free to contact me we have an office in Pattaya/UK.

[mekongtarzan]

thanks thaivisaexpress ok some more questions for you guys. the property is quite big with many spare rooms so no problem there, and the third party help would only be required to get us home but this is difficult to prove as i am a selfemployed builder working in peoples homes and short of asking previous clients to vouch for my reputation theres not alot i can do. what do you think i might do in this situation

also as an unmarried partner i have to be the sponsor so would my father just have to prove his financial situation or would he need to transfer funds to me and if so is there a time requirement for me to have had these funds, and also do i need to prove my financial situation to get married here first???? (the marriage link didnt work 7by7 can you give me another pls tks ).

1 more thing thaivisaexpress just to give me some idea whats the all in cost of your service to help obtain a visa????

Edited August 1, 2009 by mekongtarzan

[7by7]

(the marriage link didnt work 7by7 can you give me another pls tks )

That link is to the British embassy in Bangkok; works for me

Try this one to the Thai embassy in London.

On the employment front, you need to satisfy them that you will be able to find work. I suggest past accounts to show your earnings potential, and maybe a couple of letters to building companies enquiring after work.

Whichever type of visa you go for, you will be the sponsor. Your father will be providing financial support, and should provide evidence of his ability to do so. Transferring money to you is a bad idea, unless fully explained in the application. ECOs are suspicious of sudden, unexplained deposits into bank accounts.

Edited August 1, 2009 by 7by7

[wasas]

A visit visa would not be suitable as, even if one has a two year, five year or longer one, the maximum a visitor can usually spend in the UK is 6 months out of any 12.

So if she wants to stay for at least 2 years then settlement is the only option.

If you can show that you have been living together in a relationship akin to marriage for at least the last 2 years then she can apply as an unmarried partner.

Otherwise she will need to apply as your fiancée or as your spouse.

A fiancee visa lasts for 6 months. During this period she travels to the UK and you marry. She then applies for Further Leave to Remain, which lasts for two years; at the end of which she can apply for Indefinite Leave to Remain.

With a spouse visa you first marry in Thailand. The visa lasts for 27 months, and once she has been in the UK for 24 months she can apply for ILR.

To qualify for ILR she will need to demonstrate her knowledge of language and life in the United Kingdom.

ILR is, as the name suggests, indefinite. However if it were to become apparent that she was no longer resident in the UK it could be revoked; especially if she were to spend a continuous period of more than 2 years outside the UK.

If you can extend your stay in the UK for another year, once she has ILR and has been living in the UK with you for 3 years she can apply for British citizenship; so will be able to enter and leave the UK as often and for as long as she wishes, just like any other citizen. Both Thailand and the UK allow dual citizenship, so doing this will not effect her status or rights as a Thai citizen in any way.

See also Guidance for British nationals wishing to marry in Thailand and TB certificate.

Living with your parents is fine, but they will need to show that there is at least one room for your exclusive use and, ideally, another for the child. If they own they will need proof of this; e.g. mortgage statement, copy of the deeds. If they rent then a letter from their landlord confirming that you can live there and that there is room for you.

Financial support from your father will be OK for the short term; but you will need to show that this is a temporary arrangement and you will be able to support yourselves within a reasonable period. Your father will need to show he has the means to support you; bank statements and wage slips or other proof of income.

See Maintenance and accommodation

Forgot to add, she will need to mention the previous visa on the relevant part of the application form. To avoid the risk of further questions, and consequent delay in the application, she should also explain what happened to that relationship in her initial, written application.

[wasas]

A visit visa would not be suitable as, even if one has a two year, five year or longer one, the maximum a visitor can usually spend in the UK is 6 months out of any 12.

So if she wants to stay for at least 2 years then settlement is the only option.

If you can show that you have been living together in a relationship akin to marriage for at least the last 2 years then she can apply as an unmarried partner.

Otherwise she will need to apply as your fiancée or as your spouse.

A fiancee visa lasts for 6 months. During this period she travels to the UK and you marry. She then applies for Further Leave to Remain, which lasts for two years; at the end of which she can apply for Indefinite Leave to Remain.

With a spouse visa you first marry in Thailand. The visa lasts for 27 months, and once she has been in the UK for 24 months she can apply for ILR.

To qualify for ILR she will need to demonstrate her knowledge of language and life in the United Kingdom.

ILR is, as the name suggests, indefinite. However if it were to become apparent that she was no longer resident in the UK it could be revoked; especially if she were to spend a continuous period of more than 2 years outside the UK.

If you can extend your stay in the UK for another year, once she has ILR and has been living in the UK with you for 3 years she can apply for British citizenship; so will be able to enter and leave the UK as often and for as long as she wishes, just like any other citizen. Both Thailand and the UK allow dual citizenship, so doing this will not effect her status or rights as a Thai citizen in any way.

See also Guidance for British nationals wishing to marry in Thailand and TB certificate.

Living with your parents is fine, but they will need to show that there is at least one room for your exclusive use and, ideally, another for the child. If they own they will need proof of this; e.g. mortgage statement, copy of the deeds. If they rent then a letter from their landlord confirming that you can live there and that there is room for you.

Financial support from your father will be OK for the short term; but you will need to show that this is a temporary arrangement and you will be able to support yourselves within a reasonable period. Your father will need to show he has the means to support you; bank statements and wage slips or other proof of income.

See Maintenance and accommodation

Forgot to add, she will need to mention the previous visa on the relevant part of the application form. To avoid the risk of further questions, and consequent delay in the application, she should also explain what happened to that relationship in her initial, written application.

[wasas]

thankyou 7by7 for that information, i also have a query

I am marrying a thai girl here legally, and then planning on going back to uk to work, i was wondering if she can work legally while we are there.

you mentioned a spouse visa ,is that ideal for me?. I dont want to go for the settlement visa, as we might only be in uk, for 6or 7 months

For her to work is the main issue, as i think she would get bored at my house if she was at home all day.

She has already had a tourist visa last year

[7by7]

A spouse visa is a type of settlement visa.

Spouse visa holders can work in the UK from the moment they arrive.

Depending on when she last visited the UK, she may get another visit visa (no more than 6 months out of any 12 in the UK for visits), but vistors cannot work.

[ThaiVisaExpress]

Once they recieve an NI number they can work.

[7by7]

Actually, one can start work before receiving an NI number. The employer will use a temporary number based upon the employees date of birth, and the employee can then apply for the permanent number.

Edited for typos.

Edited August 2, 2009 by 7by7

[knortyboy]

If they are here on a fiancee visa are they able to apply for a NI number straight away or only after marraige?

What about working also?

[wasas]

A spouse visa is a type of settlement visa.

Spouse visa holders can work in the UK from the moment they arrive.

Depending on when she last visited the UK, she may get another visit visa (no more than 6 months out of any 12 in the UK for visits), but vistors cannot work.

[ThaiVisaExpress]

After you are married you will receive an NI number , yes a temporary one may be used however most employees prefer to see it.

Edited August 3, 2009 by ThaiVisaExpress

[stament]

Hello guys i need the beniffit of your combined wisdom. first ill describe my situation then the help i need.

about us:

I have obtained a uk passport for my daughter so she and i can travel with ease but now i face the problem of getting my partner (female) a visa,i am not sure which type of visa i should apply for settlement,family visitor or tourist. The most important thing is just to get them home with me but i also want to get it right first time.

Is it straight forward to get a passport for children?

[SMEEERE]

Well you are a father and with the mother, do you intend marrying her ? is so get a marriage visa, marry in the uk, proof of relationship should be no problem, thats the easy option in my opinion, good luck,

[7by7]

Is it straight forward to get a passport for children?

See How to register a birth, which includes the procedure for obtaining a British passport for a child (assuming the child has British nationality!).

[DagonKhan]

Is it straight forward to get a passport for children?

See How to register a birth, which includes the procedure for obtaining a British passport for a child (assuming the child has British nationality!).

I registered the birth of my daughter which was pretty straightforward. I'm now waiting for her passport to be processed and I've been told it takes a few weeks (4 weeks I believe). Neither forms were particularly difficult to complete, the only thing that I recall was that they were pleased that my birth cert. had my fathers occupation on it, not sure why exactly, but it makes it easier I believe?