Uk-fiancee-visa

[rushdentillidie]

Good afternoon,

I know these types of questions are asked all the time, but please bear with me. I have been looking over this board and on the internet, but still have a few questions that i hope you could help me with.

I have been with my Thai girlfriend for over 2 years now, we have travelled lots in Thailand and the ASEAN region. She is still studying at univeristy untill march next year. We then hope after her study that she can come to the UK and marry, and then live in the UK. After research I have found that the Fiancee visa would be the best way to do this.

My first question is does anybody know how long the process can take and can a start date for the visa be set. As I have read in some places that the visa will start from the day it is issued. As we do not intend to travel untill march we would like the visa to last as long as possible.

My second question is that after we marry in the UK, I understand that at first she will be able to stay and work in the uk for 2 years. But where do we apply to to get this information and things like NI number and ID card.

Thirdly i would just like to know other people experince with this, and any advice that you can give that will help during the application, what are the best supporting documents to take.

Thank you for your time and poatince i look forward to your response

Regards

[7by7]

Firstly, I would not say that a fiance visa is the best way; I reckon a spouse visa is.

A fiance visa lasts for 6 months during which time you travel to the UK, marry and then apply for Further Leave to Remain in the UK. This lasts for 2 years at the end of which she applies for Indefinite Leave to Remain.

Cost :-

Fiance visa: £585

FLR by post : £465 (£665 in person)

ILR by post : £820 (£1020 in person)

For a spouse visa you marrying Thailand and then apply. This lasts 27 months and after she has been in the UK for 24 months she applies for ILR; so it cuts out the FLR stage and saves that fee.

Cost :-

Spouse visa: £585

ILR by post : £820 (£1020 in person)

Also, a fiance visa holder cannot work until after the marriage and they have FLR; a spouse visa holder can work immediately.

Visa processing times are a bit lengthy at present, due to a period of high demand. The official advice is to allow three months for processing a settlement application. You can ask for the start date of the visa to be post dated for up to three months.

The following may be helpful:-

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

Maintenance and accommodation

SET01- Fiancé(e)s

Spouses

What supporting documents should I include with my applications?

United Kingdom residency

Knowledge of language and life in the United Kingdom

Applying for a National Insurance number

[ThaiVisaExpress]

I would also add that a settlement visa is a lot less expensive however its all about what you both want its not always down to £.

However it is the cheapest option as 7/7 has advised.

[Bukseeda]

I would also add that a settlement visa is a lot less expensive however its all about what you both want its not always down to £.

However it is the cheapest option as 7/7 has advised.

I agree. We chose the fiancee visa because we don't want our marriage registered in Thailand. For us it's worth the extra cost.

[knortyboy]

I would also add that a settlement visa is a lot less expensive however its all about what you both want its not always down to £.

However it is the cheapest option as 7/7 has advised.

I agree. We chose the fiancee visa because we don't want our marriage registered in Thailand. For us it's worth the extra cost.

Why would you not want your marraige registered in Thailand?

[ubonjoe]

I agree. We chose the fiancee visa because we don't want our marriage registered in Thailand. For us it's worth the extra cost.

Why?

Are you and your fiance under the false impression that it will affect her ability to do certain things here in Thailand because the marriage is registered here?

I think you will find that sometime in future she will have to inform the government of the marriage and have it put into her house book. Which will require a lot of time and expense if you have a marriage certificate from outside Thailand.

If you ever want to stay here long term by getting an extension based upon marriage comes to mind when I write this.

Plus the problems that will be encountered with different names on passports, ID card and etc.

I can think of no advantage for getting married in the UK verses here.

Edited August 31, 2009 by ubonjoe

[rushdentillidie]

Thanks for you response, they have been very helpful.

We are still looking into the best visa for us, as i am sure you all aware the visa process is not the easysist thing to do, and in my view is just a con to make money. One further question that i do have is with the FLR if we did go down this route, How long would it take for us to apply and get the FLR notice back once we are married in the UK.

For us i think that it would be best to marry in the UK for family reasons.

Once again thank you for your help.

Regards

[ubonjoe]

For us i think that it would be best to marry in the UK for family reasons.

The marriage here is nothing more than doing some documents at the district office and registering your marriage. You don't have do any kind of formal ceremony.

You can still have a ceremony in the UK with the family and not do the civil marriage there.

I think you will find that doing it this way would be less costly and in the long run less of a paperwork nightmare.

[Bukseeda]

I agree. We chose the fiancee visa because we don't want our marriage registered in Thailand. For us it's worth the extra cost.

Why?

Are you and your fiance under the false impression that it will affect her ability to do certain things here in Thailand because the marriage is registered here?

I think you will find that sometime in future she will have to inform the government of the marriage and have it put into her house book. Which will require a lot of time and expense if you have a marriage certificate from outside Thailand.

If you ever want to stay here long term by getting an extension based upon marriage comes to mind when I write this.

Plus the problems that will be encountered with different names on passports, ID card and etc.

I can think of no advantage for getting married in the UK verses here.

You'll have to ask her that. She's a lawyer who specialises in immigration and business law so i'm just doing what I'm told.

I can see your point if we do end up going back to live in Thailand when we will of course have to go through the hassle of registering the marriage there. However, until then she owns land and we could do without the hassle of ever-changing laws with regards to the female spouses of foreign husbands.

With regards to names on passports i don't see an issue. After we marry she can continue to use her maiden name on her thai passport and use her married name on all other documents.

[ubonjoe]

You'll have to ask her that. She's a lawyer who specialises in immigration and business law so i'm just doing what I'm told.

I can see your point if we do end up going back to live in Thailand when we will of course have to go through the hassle of registering the marriage there. However, until then she owns land and we could do without the hassle of ever-changing laws with regards to the female spouses of foreign husbands.

With regards to names on passports i don't see an issue. After we marry she can continue to use her maiden name on her thai passport and use her married name on all other documents.

So as a lawyer she is choosing to circumvent the law.

There has been no change to a womans right to own land since 1998 when women married to foreigners were granted the right to own land because the old law violated the constitution. Also any property she owns before marriage would not be affected by the law unless she is worried you might have some right to it. A pre nup could handle that.

Have fun with the different names. Passport in one name visas in another and etc.

Edited September 1, 2009 by ubonjoe

[7by7]

Rushdentillidie, how long an FLR application takes, or ILR when it comes to it, depends upon demand. It may take a few days, it could be a few months. Unless you pay the premium for a personal application and same day decision.

I can see your point if we do end up going back to live in Thailand when we will of course have to go through the hassle of registering the marriage there.

No, you wont. Having registered your marriage in the UK there is no legal reason why you should need to register it again in Thailand. Indeed, I am 99% sure that you would not be able to do so because you cannot register your marriage twice; unless you divorced each other first!

[Bukseeda]

You'll have to ask her that. She's a lawyer who specialises in immigration and business law so i'm just doing what I'm told.

I can see your point if we do end up going back to live in Thailand when we will of course have to go through the hassle of registering the marriage there. However, until then she owns land and we could do without the hassle of ever-changing laws with regards to the female spouses of foreign husbands.

With regards to names on passports i don't see an issue. After we marry she can continue to use her maiden name on her thai passport and use her married name on all other documents.

So as a lawyer she is choosing to circumvent the law.

There has been no change to a womans right to own land since 1998 when women married to foreigners were granted the right to own land because the old law violated the constitution. Also any property she owns before marriage would not be affected by the law unless she is worried you might have some right to it. A pre nup could handle that.

Have fun with the different names. Passport in one name visas in another and etc.

She is not choosing to circumvent the law at all. It is not illegal to register a marriage abroad.

ANd there is no necessity for a pre-nup as it's impossible for me to own land as a foreigner anyway.

As for the names, we'll cross that bridge when we come to it. I am sure we're not the first British-Thai couple to get married in the UK.

Edited September 1, 2009 by Bukseeda

[orchidofsiam]

Obviously you are not the only couple to marry in the UK and the marriage is recognised in Thailand as well as the UK. That getting a fiancee visa and marrying in the UK is more expensive is a fact but the decision is entirely yours to make.

[ubonjoe]

She is not choosing to circumvent the law at all. It is not illegal to register a marriage abroad.

ANd there is no necessity for a pre-nup as it's impossible for me to own land as a foreigner anyway.

As for the names, we'll cross that bridge when we come to it. I am sure we're not the first British-Thai couple to get married in the UK.

It not illegal to get married outside the country. But your post implied that your intent was to get around Thai land ownership laws.

If you get married to a Thai and go for a divorce you can force your spouse to sell property in order for the divorce to be granted. It is all 50/50 according to the law until you agree otherwise.

[Bukseeda]

She is not choosing to circumvent the law at all. It is not illegal to register a marriage abroad.

ANd there is no necessity for a pre-nup as it's impossible for me to own land as a foreigner anyway.

As for the names, we'll cross that bridge when we come to it. I am sure we're not the first British-Thai couple to get married in the UK.

It not illegal to get married outside the country. But your post implied that your intent was to get around Thai land ownership laws.

If you get married to a Thai and go for a divorce you can force your spouse to sell property in order for the divorce to be granted. It is all 50/50 according to the law until you agree otherwise.

I have no intention of owning land in Thailand (neither can i afford it) but she does already own land with her siblings. I spoke with her today and she said there are issues with land transactions if it's known that a FEMALE is married to a foreigner. If the law is unfairly biased against women then i don't see any ethical issues here.

In thai law, what you own BEFORE you get married is not part of any divorce settlement (as I understand it anyway).