Where To Marry? Which Visa?

[falangaman]

Hello

I just returned from my latest trip to see my Thai g/f, or should I now say fiancee.

So, I have few questions relating to where is best for us to marry, I hope someone may be able to advise me.

If I marry her in Thailand when I go back in June which visa would she then require to come to the UK? Will a Thai wedding be recognised by the UK Embassy? Also, are Thai weddings straight forward or is it going to be one of those long winded paperwork things?

If I marry in the UK Im assuming she will need a fiancee visa. Is this straightforward to obtain, how long does it take and can she stay once we are married?

Look forward to hearing some helpful info.

[bkk_mike]

Personally, I think it's easier to get married in Thailand, although there is a bit of running around to do on the paperwork side. Definitely a lot easier for a foreigner to get married in Central Bangkok, because of the need to go to the embassy, the amphur, and I think it was the MFA (ministry of foreign affairs)... (It was 6 years ago, and I can't remember if the MFA was before or after the amphur. Embassy was definitely first though.)

Basically, the translation service near the embassy that we were getting to do the translations of the required stuff for the visa application told us where we needed to go, and what paperwork we needed - extremely useful service (although I'm sure you can search in this forum for the same info...)

It's a lot easier to do the ceremony on a different day from the paperwork, i.e. we did the paperwork on the Thursday, then the wedding ceremony took up virtually all of Friday. (Monks at dawn, exchange of rings later that morning, wedding ceremony in the afternoon, then reception in the evening...)

Also - if your fiance wants any friends/relatives to attend the wedding, it's a lot easier to do that in Thailand. (and any of your UK relatives who want to attend can get to Bangkok with no visa).

As for the visa application, they used to be the same form, and you need to show the same information. Proof of a place to live, proof of sufficient income / savings that you won't be living on benefits, proof of a relationship. Generally, since there's no reason to provide a reason for return to Thailand, it's a lot more likely to be granted than applying for a tourist visa to the UK. (Lack of reason to return is the grey area that means it's the easiest way for the embassy to block a visa)

The only other benefit of getting married before immigrating to the UK is that your wife would be entitled to work in the UK when she gets there, where someone arriving on a fiance visa isn't allowed to work. Also, immigration in the UK do seem to look at fiance arrivals more closely than those who are already married, although if you're travelling together that's unlikely to be an issue.

Edited April 19, 2005 by bkk_mike

[falangaman]

Ive done some more research about getting married in Thailand, does she require the same certification of eligibility to marry from the Thai Embassy?

[bkk_mike]

Ive done some more research about getting married in Thailand, does she require the same certification of eligibility to marry from the Thai Embassy?

<{POST_SNAPBACK}>

No - that would just be for you.

[the scouser]

Hi Falangaman,

If you marry in the UK then you wife-to-be will have to apply for a fiancée settlement visa which will give her 6 months in the UK in which to get married. Once hitched she doesn't have to leave the UK but can apply to the Home Office for permission to stay longer (2 years), which is then followed by indefinite leave to remain providing the marriage is still subsisting.

If you marry in Thailand, then she should apply for a spouse settlement visa which will obviate the 6 months as a fiancée; i.e. she'll get 2 years from the word go and, as BKK Mike wrote, she'll be allowed to work. If you want to know the precise requirements for marrying in Thailand then do a search on thaivisa as the subject has been frequently discussed. If money is a factor, then I suggest marrying in Thailand as this then removes the cost of applying for the extention from the Home Office to change her status from fiancée to spouse.

With regard to the visa application, there is nothing preventing you from applying well before the date you intend your fiancée to come to the UK and asking for an interview date post-marriage. Generally, there is an approximate 12-week gap between applying for the visa and an interview. Whether or not the visa is easy to obtain depends upon both of your circumstances. However, just to give you a flavour of what is required, there follow the immigration rules relating to settlement for spouses:-

"Requirements for leave to enter the United Kingdom with a view to settlement as the spouse of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

( the applicant is married to a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married at least 4 years ago, since which time they have been living together outside the United Kingdom; and

(ii) the parties to the marriage have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds."

Best of luck,

Scouse.

[Trebilcock]

With regard to the visa application, there is nothing preventing you from applying well before the date you intend your fiancée to come to the UK and asking for an interview date post-marriage. Generally, there is an approximate 12-week gap between applying for the visa and an interview.

My new wife did this. She applied about 8 weeks before our wedding earlier this month, and they gave her a very convenient appointment for the settlement visa interview shortly after the big day. The preparatory paperwork on my side was easy enough, if a little time-consuming, but of course you could always get an agency to do the legwork. As for where to actually tie the knot, I'd go for the Thailand option if you can. You won't understand half of what's going on in the religious ceremony, but I found it a really beautiful affair. At the amphur, it was basically just a matter of signing papers. Best of luck, whatever you decide to do, and congratulations on your engagement. PM me if I can be of any help.

[devildog683]

i know for the USA a fiance visa takes a lot less time to get then a marriage visa, if i could go back again, i would have got her a fiance visa. It may be different for UK, dont know

[bkk_mike]

i know for the USA a fiance visa takes a lot less time to get then a marriage visa, if i could go back again, i would have got her a fiance visa. It may be different for UK, dont know

<{POST_SNAPBACK}>

UK is very different from US for visa processing. UK fiance and Marriage visas have virtually identical processing, so the same delays...

i.e. US seems to take a ridiculously long time to issue a marriage visa, probably because it gets processed by the home State, not by the embassy or a federal department.

On the other hand, US issues long term multi-entry tourist visas a lot more readily, possibly because they fingerprint and photo the applicants so they can be certain the person interviewed is the same person that lands in the US.

Edited April 20, 2005 by bkk_mike

[fw1]

Hi Falangaman,

If you marry in the UK then you wife-to-be will have to apply for a fiancée settlement visa which will give her 6 months in the UK in which to get married. Once hitched she doesn't have to leave the UK but can apply to the Home Office for permission to stay longer (2 years), which is then followed by indefinite leave to remain providing the marriage is still subsisting.

If you marry in Thailand, then she should apply for a spouse settlement visa which will obviate the 6 months as a fiancée; i.e. she'll get 2 years from the word go and, as BKK Mike wrote, she'll be allowed to work. If you want to know the precise requirements for marrying in Thailand then do a search on thaivisa as the subject has been frequently discussed. If money is a factor, then I suggest marrying in Thailand as this then removes the cost of applying for the extention from the Home Office to change her status from fiancée to spouse.

With regard to the visa application, there is nothing preventing you from applying well before the date you intend your fiancée to come to the UK and asking for an interview date post-marriage. Generally, there is an approximate 12-week gap between applying for the visa and an interview. Whether or not the visa is easy to obtain depends upon both of your circumstances. However, just to give you a flavour of what is required, there follow the immigration rules relating to settlement for spouses:-

"Requirements for leave to enter the United Kingdom with a view to settlement as the spouse of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

( the applicant is married to a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married at least 4 years ago, since which time they have been living together outside the United Kingdom; and

(ii) the parties to the marriage have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds."

Best of luck,

Scouse.

<{POST_SNAPBACK}>

The Scouse, can I question you on some of the points you have made? I am assuming that you have been through this process already right?

Regarding point (iv), would this include living in a family home, albeit on a temporary basis? I am considering returning to the UK shortly and have little option to live with family until I sort a place out. Would the Embassy frown upon wuch a remark?

[the scouser]

Hi fw1,

You can satisfy that part of the rules by living with family as long as you and your fiancée/wife have a bedroom for your own exclusive use.

When you are about to apply for the visa, get a letter from the family member stating that they are willing for you and your wife to stay, how many bedrooms the property has and how many other people live there. It's not absolutely necessary, but proof that the family member owns the property can be of assistance. If the house is rented then you'll need a letter from the landlord confirming that he/she has no objection to you and your wife moving in.

Cheers,

Scouse.

[fw1]

Thanks. What do they count as reasonable funds? I closed my account in England years ago and have relied on my Thai bank account ever since. I usually send money into that. How would I be able to show I have reasonable funds in the UK when I haven't lived or worked there for years?

[the scouser]

There is no hard and fast rule about what constitutes reasonable funds; it is basically down to the visa officer's assessment of your own personal circumstances. Additionally, the funds don't have to be in the UK, just as long as you have money available from somewhere to take care of your wife without resorting to claiming benefit. Show the visa officer evidence of funds in your Thai bank account and proof of any offers of employment in the UK which you have and that should suffice. If you are concerned that your financial circumstances won't pass muster, then you can get a guarantee of support from a friend/relative.

Scouse.

[fw1]

Just out of interest, would you say that gaining the fiancee visa is a particularly difficult thing to do, provided of course, that you provide the necessary paperwork?

[the scouser]

It depends upon an individual's circumstances. Basically, if they meet the criteria of the immigration rules then they get the visa.

Scouse.

[fw1]

So if I could show I have over 100,000 in my Thai bank account. Family who are prepared to accomodate us on a long-term basis if necessary. Proof of post-graduate qualifications and a promisary note of employment in the UK with a company I previously worked for. That would suffice?

[the scouser]

In terms of the accommodation and financial support requirements, yes. Although I'd get a firm offer of employment rather than what may be a vague promise made so many years ago. You'd still have to satisfy the visa officer that you intend to live together permanently in the UK. To be honest, you may be better off getting married in Thailand and applying for a spouse settlement visa as this would obviate the need to extend the fiancée visa in the UK at a cost of at least £355.

Scouse.

Edited April 26, 2005 by the scouser

[fw1]

Costs in the UK are managable. The reason I think the fiancee visa is more suited to my own circumstances is that I want to be sure that my partner can come to terms with living in England. She's a very timid girl and cannot speak any English. She has also never left Thailand and is understandably anxious about doing so, though also excited at times. She has no ties here (kids, etc,) so I am confident that she will eventually adapt but I am a little concerned that the change may be too great for her to bear, so I'd rather buy us some time there first before making the big commitment. If the worst came to the worst and she felt as though she couldn't stay there (something I think even Brits suffer with when they go back) I'd rather she went back without us being married first.