Need A Settlement Visa, But I Am Still Married In Uk

[Xclusive]

I want to return to the UK as soon as possible to spend time with my 89-year-old father, buy a home and settle down. Is there any way, other than applying for a 6-month tourist visa, my Thai girlfriend and can relocate to the UK with me? We have a 20-month-old daughter together with a British passport. In 2008 we travelled to the UK on her 6 month tourist visa, the visa expired in March 09..

Until today, I understood it is a simple matter of now applying for a 2-year settlement visa or similar. However, I am still married to my British wife, and I am receiving conflicting advice from agents and the VFS Thai Border Application Office.

The clerks at the VFS UK application office said apply for a 2-year settlement visa or a 6 month visa-to marry (divorce and marry within 6 months) and extend the visa at the home office. The agencies outside the VFS office say, they can of course guarantee a 6-month visa to marry, for a 40,000 baht fee. However, 2 reputable named OISC registered companies tell us we can only apply for a 6 month tourist visa. In addition, to receive anything other than a tourist visa, I must divorce first and I must show I have been working in the UK for at least 6 months.

Whom to believe?

I thought it would now be a simple matter of going back, getting divorced, renting a home and finding a job, and yes, I thought I could do this with my daughter and girlfriend beside me. I would hate not see my daughter for 24 hours, never mind months. It’s obviously easier to get a job while I’m actually in the UK.

I have been separated from my wife for over 14 years and during our separation, I have only spent a matter of months in the UK. I own commercial premises there and I’ve lived on the rent, of £2500 pm, for 10 years (I’m 50). As I’ve lost my debit card twice, and had a big problem with a replacement, I have the rent paid into my sisters account, therefore allowing lump sums to be sent in emergencies.

My girlfriend and I have lived together for 4 years, she is a registered nurse ( for 8 years ); she owns a 16m baht home, land and has 2 m baht in the bank.

Any advice?

[ThaiVisaExpress]

I want to return to the UK as soon as possible to spend time with my 89-year-old father, buy a home and settle down. Is there any way, other than applying for a 6-month tourist visa, my Thai girlfriend and can relocate to the UK with me? We have a 20-month-old daughter together with a British passport. In 2008 we travelled to the UK on her 6 month tourist visa, the visa expired in March 09..

Tourist visa only however you may apply for fiance visa whilst awaiting your divorce going through.

Until today, I understood it is a simple matter of now applying for a 2-year settlement visa or similar. However, I am still married to my British wife, and I am receiving conflicting advice from agents and the VFS Thai Border Application Office.

How you need to be married to your partner you are not divorced yet ?

The clerks at the VFS UK application office said apply for a 2-year settlement visa or a 6 month visa-to marry (divorce and marry within 6 months) and extend the visa at the home office. The agencies outside the VFS office say, they can of course guarantee a 6-month visa to marry, for a 40,000 baht fee. However, 2 reputable named OISC registered companies tell us we can only apply for a 6 month tourist visa. In addition, to receive anything other than a tourist visa, I must divorce first and I must show I have been working in the UK for at least 6 months.

Tourist visa/fiance visa awaiting your divorce to come through within the 6 month window, then you apply for settlement whilst in the UK.

Whom to believe?

I thought it would now be a simple matter of going back, getting divorced, renting a home and finding a job, and yes, I thought I could do this with my daughter and girlfriend beside me. I would hate not see my daughter for 24 hours, never mind months. It's obviously easier to get a job while I'm actually in the UK.

I have been separated from my wife for over 14 years and during our separation, I have only spent a matter of months in the UK. I own commercial premises there and I've lived on the rent, of £2500 pm, for 10 years (I'm 50). As I've lost my debit card twice, and had a big problem with a replacement, I have the rent paid into my sisters account, therefore allowing lump sums to be sent in emergencies.

My girlfriend and I have lived together for 4 years, she is a registered nurse ( for 8 years ); she owns a 16m baht home, land and has 2 m baht in the bank.

Oh can you prove you have lived in a relationship for 4 years ?

Basically you may qualify for an unmarried partners visa to qualify you must have lived together in a relationship akin to marriage this must have subsisted for at least 4 years ?

You can gain ILE in some cases.

Feel free to contact myself if you require professional help with your application we have an office in the UK/Thailand. I'm currently in the UK for 1 week.

[ThaiVisaExpress]

Basically its either a Tourist visa-Fiance-visa awaiting divorce.

Unmarried partner if you can prove your relationship has subsisted for 4 years you may gain ILE.

[Xclusive]

Basically its either a Tourist visa-Fiance-visa awaiting divorce.

Unmarried partner if you can prove your relationship has subsisted for 4 years you may gain ILE.

Sorry, what does ILE mean and how can we prove we've been together for 4 years? I can prove I've lived here, I guess from the stamps in my passport and I had my own business up until Feb 09, but how can we prove we've been together? Isn't the baby enough?

How about references from senior Thai people, the Colnel of the immigration office etc??

One of the more reputable companies we contacted by phone was Thai visa Express, they said we could only have a 6 month tourist visa.

How do I prove my rental income from the UK, are my sisters bank statements enough?

[ThaiVisaExpress]

That is my company however you obviously spoke to my office in Thailand not myself.

Indefinite leave to enter the UK.

One can understand why i need to be at my office permanently now, subject to my wife's approval of course.

Edited August 25, 2009 by ThaiVisaExpress

[7by7]

what does ILE mean

See this thread.

She cannot apply for a spouse visa as you cannot marry her until you have divorced. She could apply for a fiance visa, but you would need to convince the embassy that you could obtain your decree absolute and so marry her within the 6 month life of the visa.

So it looks like your only option (other than a visit) is for her to apply as your unmarried partner. To get this you need to show that you have been living together in a relationship akin to marriage for at least the last two years; if you can show at least 4 years then she should get ILE, subject to her satisfying the KoL requirement once in the UK as described in the thread linked to above.

I suspect that it was this unmarried partners visa that VFS meant when they talked about a settlement visa.

One important point is that no visa agency can guarantee you a visa. The professionals, like TVE, wont do this and those that do are liars and should be avoided, including the 'no visa; no fee' brigade who will always find an excuse for not refunding your fee if the application fails.

The following may be helpful:-

SET05 - Unmarried and same sex partners

Maintenance and accommodation

KoL requirement (This can only be done in the UK, either as a visitor or after she has her settlement visa. See the thread linked to above.)

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

[ThaiVisaExpress]

I possibly cannot comment 7/7 on the guarantee of a visa we do not offer this. Can a driving instructor guarantee a test pass no !

Look for an adviser who has demonstrated consistently a high success rate with applications.

Or do it yourself simple.

[Mercury]

You cannot get ILE as she has not passed the KOL test and she can only do that in the UK. She could come on a family visa (you are her family as long term relationship for these purposes) and she could do the KOL test. After returning to Thailand, she could apply for entry with no limits and no restrictions based on your having a 4 year relationship outside the UK.

Whether your still being married would have any bearing on her settlement visa I do not know. I guess someone somewhere is going to ask why you didn't get divorced.

[Eff1n2ret]

You cannot get ILE as she has not passed the KOL test and she can only do that in the UK. She could come on a family visa (you are her family as long term relationship for these purposes) and she could do the KOL test. After returning to Thailand, she could apply for entry with no limits and no restrictions based on your having a 4 year relationship outside the UK.

Whether your still being married would have any bearing on her settlement visa I do not know. I guess someone somewhere is going to ask why you didn't get divorced.

If she is otherwise qualified for settlement, she would be granted 27 months and could apply for ILR in the UK at any time after passing the KOL test.

So if he can prove 4 years' cohabitation, and show that his previous marriage has irretrievably broken down (I guess commencing divorce proceedings would be sufficient), she can apply for ILE.

If he can't show enough to prove 4 years, then if his former wife will cooperate, he should be able to show that he will be free to marry within 6 months and get her a fiancee visa (his g/f, not his former wife ).

[ThaiVisaExpress]

As suggested either way she may enter the UK.

He maybe getting a divorce as we speak so as long as he can show a decree absolute is being issued within the 6 month window, and confirmed by his solicitor in the UK this should not be a problem.

Edited August 27, 2009 by ThaiVisaExpress

[7by7]

I possibly cannot comment 7/7 on the guarantee of a visa we do not offer this.

Indeed, I thought that's what I said. To my mind no professional adviser would think of offering such a worthless guarantee.

BTW, I've not been a driving instructor for nearly three years; medical reasons made me stop, unfortunately.

[ThaiVisaExpress]

Lol can you guarantee my wife a pass she is on number 50 lessons as they say.

[7by7]

I can only say what I always said when asked for my pass rate, they all pass; eventually!

[ThaiVisaExpress]

I should try that quote.