Various Issues About A Visa App.

[cowen70]

Edit: Excuse me sorry I forgot this. I am 26 and I'm in the UK.

Thanks for reading this topic, and if you reply thank you again.

I unintentionally ran into a girl online nearly a year ago. We chatted together for a long time, her English is impeccable very intelligent. We ended up maintaining contact for about 6 hours a day every day since until I went over and visited her at the end of August.

After getting past the initial prejudice and suspicion that I automatically had (however justified/unjustified) about meeting a thai lady on the internet and the possibilities of it being a scam or similar I learnt very quickly that all the impressions she had given me were absolutely correct and this was indeed what I'd hoped and was genuine. Having clocked up thousands of hours of conversation we both knew what we wanted and we married.

Now to any visa ECO I suspect this will look like a scam. I've heard that records of contact by phone (hundreds of pounds of phone bills on either side) emails and skype that log these thousands of hours aren't actually considered strong evidence. The fact that we have only met once and the automatic assumption that it will not be genuine on the part of the immigration officials what would you advise?

My spouse is adamant that we spend as little time apart as possible, I can't help but agree and I've suggested we apply for a settlement visa straight away however with our history I'm not sure if it would be passed and I suspect a refusal will cause trouble for us at a later date. What are your thoughts?

Furthermore I have a question about adequate funds. The problem here is that I am not a rich man. I was up until 4 months ago a junior partner in a retail business on approximately 19k a year wages however about seven months ago I recieved an offer to form a new company and was given exclusive distribution rights over a product if I aided in product development. I left my partnership in the family business to begin sales work for the new company however we ran into problems and the products only just launched today 4 months late which led me into severe financial difficulties. Now the company has products I can immediately begin recieving my old wage again and that amount is only expected to grow.

This means I do not have a solid financial background at all and I suspect again this is really going to hinder any chance of a visa. I have a family and very successful family business which would happily stand as guarunteur but I have been told that they will not accept this, it must be the sponsor.

I know that is long and probably full of questions and naivety you encounter all the time but I'd appreciate any help.

If it helps I am entirely confident I could get a lot of support from my MP. Even though I regularly bust their balls and badger them with letters about various political issues I'm always polite and they know I am genuine and I have a good level of rapport with them.

Edited September 22, 2009 by cowen70

[enquirer]

People who might advise you need to know about any accommodation you can offer your wife. Three factors are looked at - relationship, funds and accommodation. An adequate room to live in is the only way in which your family is allowed to help you.

[cowen70]

People who might advise you need to know about any accommodation you can offer your wife. Three factors are looked at - relationship, funds and accommodation. An adequate room to live in is the only way in which your family is allowed to help you.

I share ownership of a large 3 bedroom semi with a friend. So space isn't an issue unfortunately.

[Eff1n2ret]

The fact that we have only met once and the automatic assumption that it will not be genuine on the part of the immigration officials what would you advise?

On the basis of only one short visit she is unlikely to be granted a settlement visa. Give it a year or so, and a few more visits, and a record of regular income and you might stand a chance.

Anybody can contact their MP, who might tip the balance in cases where there are special compassionate circumstances or reasons to believe that a government official has acted incorrectly, but your case doesn't look like one of those.

[potter09]

Edit: Excuse me sorry I forgot this. I am 26 and I'm in the UK.

The fact that we have only met once and the automatic assumption that it will not be genuine on the part of the immigration officials what would you advise?

Increasing number of people form online relationships and in some cases, leading to marriage. ECOs are well aware of such trends. I honestly do not believe the fact that you both actually met once prior to marriage would be a reason to refuse a settlement visa(SV),as long as:

(i) the marriage was registered in Amphur

(ii) have other evidence(eg.emails etc) to substantiate the relationship and that the marriage is genuine & subsisting and

(iii) financial/maintenance and accomodation in the UK criteria can be met without recourse to public funds.

Settlement visas are granted even in cases of arranged marriages(which are common in some Asian countries) where the couple has met each other only for a week or so, but the marriage is genuine(supported by registration documents) and subsisting. The length of the relationship and quantity/quality of evidence as to same become a greater issue when someone is applying for SV on the basis of a civil partnership rather than following marriage in Amphur. Don't forget, savings, insurance policies(with a surrender value) etc if any, are also taken in to account when assessing your financial strength for the SV application. I do not see any just ground to delay your application. Please visit the UKBA website for detailed information. Hope the above helps.Good Luck.

[bobrussell]

This may be one to get an opinion from an expert - there are a couple of OISC registered advisors that sponsor the forum. I have not dealt with them but they seem to have helped a number of people in the past. If you check their websites it indicates they will speak to you without committment to discuss the basics before you decide if you want them to help (for a fee).

There are lots of advisors that guarantee visas but quite how they can I do not know. Always make sure that you use a OISC registered advisor as they are strictly regulated in the UK unlike the majority in Thailand.

Best of luck!

[7by7]

There are lots of advisors that guarantee visas but quite how they can I do not know.

They can't; they are lying!

Cowen70

Being in debt or overdrawn should not be a problem; as long as your debts and or overdraft are agreed and being properly serviced and you still have enough to live on. You should provide evidence of this, such as letters from creditors, your bank and, of course, your bank statements.

As you co own your home you will need written agreement of the other owner to her living there as well as proof that you do both own a share of the property, such as a mortgage statement with both names on.

As Eff1n2ret says, your MP cannot, and should not attempt to, influence the decision of an ECO, unless there are compassionate circumstances or there is reason to believe that the ECOs decision due to malpractice or error.

As Potter09 says, although there is a requirement in the rules that a couple must have met, there is no minimum number of times they should have done so nor minimum length of time they should have spent together. However, the ECO must be satisfied that the relationship is genuine, so the more evidence you can provide of to show this is so the better.

You may find the following helpful:-

Maintenance and accommodation

Settlement; Spouses

Supporting document checklist. As well as everything on this list you should supply anything else you think will support the application and aid the ECO in making the right decision.

TB test requirement

For where and how to apply, fees etc. see visa application centre website in Bangkok.

[CharlieB]

7by7 is correct in saying that technically there is no reason for you not to receive a visa for your girlfriend, but you yourself show some concerns about the strength of your possible application. Personally, I would wait another 6 months. Allow your bank balance to recover form the difficulties you've had and take another trip out to meet her again to shore up the apprehension you have on the proof of relationship side of things. In 6 months with an 18 month relationship, 2 meetings and a healthier bank balance you can go into the process with a stronger application and less doubt in your own mind. I know at 26 you think everything has to happen now, but sometimes it's wiser to wait a few months and be in a better position.

Don't bother with the MP route unless you get a refusal and have to go through a difficult appeal. It won't make your application any quicker and will look like you are trying to throw your weight around, which won't endear you to the people dealing with your application.

[cowen70]

Wow folks you've all been so helpful it is more than I expected and very good advice I now have a firm basis with which to begin forming my application.

I can't say thank you enough, without sites like this and people like yourselves - looking through all this information makes you more than a little confused and it is great to be able to come somewhere and just get an opinion from experienced people.

With my company being new I am in the process of convincing my spouse to wait 3 months so I can show solid evidence of money equivalent to 20kPA going into my accounts and the overdraft being cleared as well as some supporting funds being sent to her.

Are there any exceptions where the financial sponsor can be aided by the financial status of his family? I ask because my family are more than willing to assist and are considerably better off than I am. Though from what I gather and I have searched on the internet there is not a chance that this would help in any fashion. Similarly I have part ownership of a successful family business that has excellent accounts but I'm not drawing any money out because I'm not working there due to the start of the new company. It is technically mine to draw but I agreed not to in order to boost the financial accounts for that business that we intend to sell soon (and I agreed this a long time ago, to renage on it and start drawing funds would be a breach of trust with my family)

Edited September 26, 2009 by cowen70

[7by7]

From the maintenance and accommodation guidance linked to above

If members of the couple’s families in the UK offer to maintain the couple adequately until they can do so from their own resources, such an arrangement would not satisfy the Rules, which require the couple to maintain themselves. Nevertheless, it may be appropriate in certain circumstances to exercise discretion where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK.