Settlement Visa For First Time To Uk

[kp86]

Hi all,

firstly thanks to all who gave me advice for my boyfriends visa..he is now safe and sound in the UK with me

I have a question regarding my friend:

She has been together with her thai boyfriend for the past 19months and has recently found out she is pregnant. She would like to return to the UK to live permanently and have the baby. Obviously she would like her Thai boyfriend to join her. He has never been to the UK but has been to Sweden twice a few years ago.

They are getting married as they believe this is the right thing to do now they are having a baby together. Once they are married can they apply for a settlement visa straight away or will her boyfriend have to first come here on a tourist visa?? They would prefer is he could come on a settlement as they would not like him to have to leave England and wait in Thailand for 3 months for the settlement visa after the baby is born.

If it is not possible for him to apply for a settlement visa as his first visa would he be able to apply for a fiance visa and then get married in England.

If he were to apply for a tourist visa would the fact that his girlfriend is pregnant go against him? should they not mention this??

any advice will be very appreciated by them as they are a bit confused as to what to do at the moment.

Many Thanks

[ThaiVisaExpress]

What nationality is your friend ?

UK i presume ?

If she is then they may marry in Thailand and apply for settlement subject to them meeting the maintenance and accommodation requirements ?

And they must satisfy the ECO the relationship is subsisting etc ?

[Thongkorn]

In short Yes , as long as you can prove you have sufficient funds to live , And Accommodation,

[7by7]

There is absolutely no need for anyone who is applying for UK settlement to have visited the UK first.

BTW, a fiance visa is a type of settlement visa.

Your friend may find the following useful:-

Maintenance and accommodation

Fiancé(e)s if they wish to marry in the UK

or

Spouses if they wish to marry in Thailand first.

or,

if your friend is not British but an EEA national, EEA Family Permits

Edited September 14, 2009 by 7by7

[Boo]

My husband had never been outside of Thailand when we applied for his settlement visa. There is no requirement to go on a tourist visa first. As long as they can meet the requirements, accommodation, proof of relationship, show what they will be living off etc then there should be no problem

[Andrew Hicks]

My husband had never been outside of Thailand when we applied for his settlement visa. There is no requirement to go on a tourist visa first. As long as they can meet the requirements, accommodation, proof of relationship, show what they will be living off etc then there should be no problem

A further point is that a visit visa would probably be refused under these circumstances.

If the wife and child are settled in UK, then an ECO may say that the visa applicant has a substantial incentive to overstay the 6 month visit visa.

This happened to friends. Her visit visa was twice refused even though they gave clear evidence that they were both intending to return together to Thailand within six months so that he could do his usual winter diving work.

Clearly a wrong decision, but you would face the same hurdle.

Settlement visa it is and good luck with it!

Andrew

[orchidofsiam]

As they are both in Thailand it would save them a lot of money to marry there and apply for a spouse visa rather than coming to the UK as a fiance and then marrying and paying for further leave to remain after marriage. A spouse visa costs the same as a fiance visa. The other advantage is that a spouse is entitled to work and use the NHS for free.

[kp86]

Thanks everyone, pretty much confirmed what i already thought. I will pass the info onto them and hopefully they will be successful in their visa quest!