Marriage And Settlement Visa Query

[skinnymat]

Ok so this is a bit of a long story but i would appreciate some advice as i have searched and not really found anything relevant to our situation

I am a british citizen living and working in england and met my thai girlfriend online almost a year and a half ago. She is working in Spain on a working visa for the iberostar hotel chain. I have been to visit her when she was in Gran Canaria and then we went to Thailand in January 2009 for 3 weeks and i have just returned last week from Malaga where she has moved hotel to.

We are planning to get married while we are over in Thailand for a holiday early next year then apply for a settlement visa to come to the Uk. Now heres the thing i cant get my head a round.

How do we apply for a settlement visa?

My girlfriend has 6 or 7 weeks leave over xmas/jan so we can put the application in but maybe she would have to leave Thailand and return to Spain for her work. Could she do this?

What would happen if they asked her for an interview and she was out of the country? Her contract finishes in april so we were thinking to get married and apply for visa and then she could fly from Spain to England when it was granted. Does this sound possible?

We have spoke about her just not returning to her job in Spain and this is an option. We have no problem doing this but what does anyone think is going to be the best way for us to do it?

Is there anyone in a similar situation that could share their experiences.

We really would appreciate any advice or suggestions on how to start the application or which route to go.

Many thanks.

[7by7]

If she applies in Thailand then she will have to remain in Thailand until the decision is made as the embassy will keep her passport while the application is being processed.

As she is legally working and resident in Spain she can apply to the British Consulate-General, Madrid.

[skinnymat]

If she applies in Thailand then she will have to remain in Thailand until the decision is made as the embassy will keep her passport while the application is being processed.

As she is legally working and resident in Spain she can apply to the British Consulate-General, Madrid.

Thanks for the reply. Could we possibly apply for a fiance visa whilst there in thailand and delay the start of it till she finishes work in spain in april and then she could come over here and we could get married here? Isnt the costs of doing it this way double the spouse visa or something like that? Whats the waiting time for a fiance visa application? Do they ask for the person to go for an interview?

We have contacted a few visa agencies for a way to get all this done but non have replied yet.

[7by7]

Both a fiance visa and a spouse visa are a type of settlement visa. The criteria, fee and processing time for each are exactly the same except that for a fiance visa you marry once she is in the UK and then apply for Further Leave to Remain at a cost of £465 by post or £665 in person, whilst for a spouse visa you are already married and wont need FLR.

Fiance visas are valid for 6 months and the holder must arrive in the UK, marry and apply for FLR before it expires. FLR lasts two years at the end of which they apply for ILR (assuming they meet the other requirements).

Spouse visas are valid for 27 months and the holder can first enter the UK at any time within this period, but should do so within the first three months. This is because they must have been resident in the UK for at least 24 months (among other requirements) to qualify for ILR. If they don't meet this minimum residential requirement then they will need to apply for FLR to make up the missing time.

Both can be post dated for up to 3 months.

The Bangkok embassy try to decide as many applications as possible without an interview; but this is no guarantee that she wont be asked to attend one. It depends upon the quality of the application.

Whichever she applies for she will have to leave her passport with the embassy while the application is being processed so, as I said before, she cannot apply in Thailand and travel back to her work in Spain while waiting for a decision. But she can apply in Spain.

Edited September 22, 2009 by 7by7

[CharlieB]

If she applies in Thailand then she will have to remain in Thailand until the decision is made as the embassy will keep her passport while the application is being processed.

As she is legally working and resident in Spain she can apply to the British Consulate-General, Madrid.

Thanks for the reply. Could we possibly apply for a fiance visa whilst there in thailand and delay the start of it till she finishes work in spain in april and then she could come over here and we could get married here? Isnt the costs of doing it this way double the spouse visa or something like that? Whats the waiting time for a fiance visa application? Do they ask for the person to go for an interview?

We have contacted a few visa agencies for a way to get all this done but non have replied yet.

You said she has 6 to 7 weeks at Christmas. Currently the time for settlement visa processing is running anywhere between 10 and 15 weeks, so if she applied, she would be unable to return to Spain to her employment as the UK Embassy would have her passport. Normally she would not have to attend for an interview, but you seem to have skipped over the passport issue in earlier posts. She cannot travel without a passport and the UK Embassy in BKK keep her passport for the duration of the application consideration process. Without her passport, they can't issue a visa.

Your best bet is to apply in Spain. Whether you decide to go for a fiance visa or a spouse visa is a personal decision which should be based on where you actually want to marry.