Settlement In Uk Visa?

[shadyacres29]

Hi all and congratulations on such an informative board.

Im just looking for some advice please as it seems theres so much info about this but looking for some clarification please.

I have known my girlfriend for 15 months and she worked at ING insurance company in Bkk and now she has moved back to Prachuab Khirikhan and working as a teacher and staying with her family.

We have been in contact daily with emails and i have been to see her and stay with her family now 4 times in the last 15 months.We will be getting married in may this year and we wish to be together as its hard now being apart.

My family will come to the wedding and then we will get the marriage legalised in Bkk for obvious reasons.. I am in full time employment and earn a fairly decent salary and rent my flat. We have alot of photos of us together,over 400 emails sent to and from,and she has letters sent by me also.

Im well aware of the problems that can be encountered on applying for a visa but i genuinely feel we have a good case and are serious about our commitments and marriage...im 31 and my g/f is 25 and we have never been married before and have no children.

Im hoping some of you more experienced board members can help us with our curiosity..Im wondering should we apply for a visitor visa first before we go for the full settlement one? will this make things any easier for us? Its just so difficult for us to be apart now and just want the best for us.

Thanks for taking the time to read this post as its only my first or second here but were reall gratefull for any advice you may have please or any questions?

Just thinking about how likely a successful application will be as its going to cost 33000 baht which to me is quite a bit of cash

Many thanks

Dominic

[knortyboy]

I'm unable to give you an answer regarding the success rate for settlement visas to the UK but after reading your post it struck me that if you think 33K is a lot of cash, which it is, the extra costs involved in obtaining a visit visa and subsequent flights etc. may be a contributing factor as to whether you should try for a visit visa first or not.

What ever you decide I hope you are successful and have a long and happy future together.

[shadyacres29]

I'm unable to give you an answer regarding the success rate for settlement visas to the UK but after reading your post it struck me that if you think 33K is a lot of cash, which it is, the extra costs involved in obtaining a visit visa and subsequent flights etc. may be a contributing factor as to whether you should try for a visit visa first or not.

What ever you decide I hope you are successful and have a long and happy future together.

Good point regarding the fee...and yes i guess there will be alot of extras involved for sure. Its a difficult time for us now and money is always an issue,although affordable...just!! But the visit visa would set us up easier i think for a settlement one in the future maybe? Just feel a little lost at the moment.

Thanks for your reply though.

Dominic

[knortyboy]

Good point regarding the fee...and yes i guess there will be alot of extras involved for sure. Its a difficult time for us now and money is always an issue,although affordable...just!! But the visit visa would set us up easier i think for a settlement one in the future maybe? Just feel a little lost at the moment.

Thanks for your reply though.

Dominic

You're welcome and I'm sure some of the experts on here will answer all your questions acurately and quickly.

My opinion is that it will help with a settlement application, but in order to get the VV you will need to prove that she has a reason to return. If she does get the VV and complies with it terms, i.e. leaves the UK when she says she will then it's got to help with any future visas. I hope.

[theoldgit]

This is the latest published set of statistics, takes some ploughing through through, it might be of use.

http://www.ukvisas.gov.uk/resources/en/doc...isastats2008-09

There is another one that gives local monthly stats, cannot put my hands on it at the moment, but 7by7 will no doubt post it when he wakes up, he is the font of all knowledge.

I think the visa itself is a matter of choice, nobody wants to give you misleading advice and whilst on what you have said your girlfriend seems to have a good chance of getting a visitors visa, ie she is working so can prove a reason to return, is that what you both want?

If you are going to stick out for a settlement visa it also seems that she would have a good chance, you seem to have a proper relationship, and it's a genuine marriage with your parents coming out for the wedding, though of course she could apply for a visa to get married in the UK. Most importantly you seem to have everything lined up to support your wife in the UK, you have a job and somewhere to live so she wouldn't be a burden on the state.

I am not sure that a visitors visa would ultimately help you further down the line, though I am sure you would both enjoy it.

Whatever you decide to do, good luck and I wish you every happiness together.

By the way the other document to which I was referring to was actually only the processing times, and I have now found the latest one.

http://www.ukvisas.gov.uk/resources/en/doc...mestakeholder31

[7by7]

From what you have said, I agree that she seems to qualify for settlement. Whether you choose a visit first is up to you; I don't think it's necessary, but it wont hurt the settlement application and may help.

As you will see from the link provided by OG, the success rate is high. In my experience, the most common reason for a refusal of any visa is not that the applicant didn't qualify, but that they failed to show that they did!

So prepare the application thoroughly, and if you need any advice on this feel free to ask.

The following may be of use to you:-

Maintenance and accommodation

Settlement, Spouses

[ThaiVisaExpress]

I would apply for a settlement visa.

If you require professional help feel free to contact me.

[cuddleypete]

Hi shadyacres29 upon reading your post i think going down the settelment route is best.

remember to ask as many questions as you need to for advice

All the best to you both

keep us updated

Happy xmas

[sumrit]

One of the biggest problems for the applicant when applying for a visit visa is showing a 'reason to return' to Thailand at the end of her visit. Your (new) wife would have to show that she intends to return to Thailand to live at the end of her visit. It's not unknown for the ECO to refuse a visit visa on the grounds that he believes a newly married couple are trying to get to stay in the UK using the much cheaper visit visa and that if they're married and intend living together they should be applying for a settlement visa. I saw somebody's refusal letter earlier this year where they said in the application they had applied for a visit visa first to see if the wife could, and wanted, to live in the UK before applying for a settlement visa. In the refusal the ECO also pointed out that if she didn't want to stay in the UK having a settlement visa didn't prevent her from returning to Thailand, she could still go whenever she wanted to.

From what you've said you shouldn't have any problems applying for a settlement visa and I don't think getting a visit visa first would change that. As 7by7 said preparation and supplying all the information required is the key to getting a visa, whichever one you go for.

[jack31]

hi shadyacres

I agree with 7by7 and Sumrit as these dudes helped me getting my settlement for the wife.

if i were you i would get married first, you said you would be geting married this year in may do you mean next year?

Once your married if i were you i would put in the settlement visa and make sure you supply tons of evidence.

have a look at my index that i prepared and you will be fine i am sure. i have put a seperate thread for this as you already know

good luck mate and remember the turnaround now on settlements is 2 weeks on average. if your really lucky you will get it in a few days

jack

[louialive]

Rather than start a new thread can I ask a question here.

My GF is currently on a Visitors Visa and is going back 24th Jan 2010. She will have been here just under 6 months. I will be going to Thailand early February and we will be getting married and submitting application for Visa using VF4A and supplying associated evidence. We had no problems with visitors visa and it seems we have majority of evidence we need but some needs updating.

We will live in the UK for 2 years or more dependant on what we decide in the future, should we apply for residence visa as she will be me wife or is there an other visa we could apply for that would allow her to stay a few years (we may go back for visits during this time) and then extend when she is in the UK.

Thanks for any help you can provide

[7by7]

Once you are married she can apply for a spouse visa, which lasts for 27 months. She is obviously allowed out of the UK for holidays etc. during this time.

Once she has been in the UK for 24 months she can apply for indefinite leave to remain. Whilst this is indefinite, it will lapse if she spends a continuous period of more than 2 years out of the UK.

Once she has ILR and has been in the UK for three years she can apply for British citizenship, which cannot lapse no matter how long she spends out of the UK. N.B. The time she has already spent in the UK as a visitor may count toward this three years, dependant on how long she is out of the UK for whilst you marry and obtain her spouse visa.

For how to apply, fees and details of the TB certificate requirement, see UK visa application website in Thailand

For how to marry in Thailand, see Guidance for British nationals wishing to marry in Thailand

[louialive]

7by7 thanks for the reply.

Having been married before to uk citizen I know I need to get affirmation of freedom to marry and then translate this into thai. Does my gf need one also.

Do other documents translated into thai need to show my name and address in thai or just the body of the document.

[7by7]

It is just the AFM itself that needs to be translated; the notorisation by the embassy says that they have seen any other relevant documents and they are OK.

Your girlfriend does not need an AFM as she is Thai; but, if memory serves, she should take evidence with her to the Ampur that any previous marriage is ended when you go to register the marriage.

[louialive]

Can't find it anywhere but can a wife work in the UK with spouse visa (the one that lasts 27 months)

[cuddleypete]

Yes louialive your wife (SPOUSE) can work in the uk you will need her to get Ni number as soon as possible, but she does not need it to start work

[louialive]

Yes louialive your wife (SPOUSE) can work in the uk you will need her to get Ni number as soon as possible, but she does not need it to start work

Pete I think I know the answer but would rather ask, can I arrange the NI before she comes to the UK?

[7by7]

No, as she will need to attend an identity interview.

See Applying for a National Insurance number.

If she does want to start work before receiving her NI number then her employer will use a temporary one based on her date of birth until the real one is received.

[louialive]

7by7 thanks again its great people like you take the trouble to answer these questions.

My gf at the moment who will then be my wife is coming to the UK as spouse so applying for a spouse visa. I have read some people calling the visa a spouse visa and then other people calling it a settlelment visa, are they the same thing. If not what is the difference and what are the conditions of application of one or the other

[7by7]

There are several different categories under which one may obtain a UK settlement visa; as a spouse, a fiance, a child etc., and each is therefore a settlement visa.

To keep things simple people tend to refer to, for example, a spouse visa rather than a settlement visa as a spouse.

[louialive]

There are several different categories under which one may obtain a UK settlement visa; as a spouse, a fiance, a child etc., and each is therefore a settlement visa.

To keep things simple people tend to refer to, for example, a spouse visa rather than a settlement visa as a spouse.

Thaks for clearing that up, to me the word settlement indicates staying indefinatley (i.e. settle in the UK unfinitum) but I know this can only be applied for after 24 months of being in the UK on the spouse visa

[7by7]

Indeed, and the UKBA refer to Indefinite Leave to Remain as settlement, and also to a spouse visa as settlement!

Basically, a settlement visa is a form of leave to enter which allows entry to the UK with a view to settlement.

Confusing, ain't it!

[Me&MrsJones]

I tell you what, this thread had to be one of the best and most informtative that one could wish for.

Well done to you all for providing comprehensive and clutter-free advice.

I think lot of people will benefit from this.

Best wishes!!

[theoldgit]

You are absolutely right "Me&Mrs Jones", a lot of people do benefit from this forum and best of all it's all free thanks to the efforts of many of the posters, 7by7 in particular.

Well done and keep up the good work.

By the way "Me&Mrs Jones", I really enjoyed your movie, or was that your friends the Smiths?

PS - Don't forget that these guys are not professionals and never claim to be, if your application is very complicated, and very few are, you should follow the advice of 7by7 and use a professional, and by that I mean a proper one and not the cowboys lurking around Regent House.

[7by7]

best of all it's all free thanks to the efforts of many of the posters, 7by7 in particular.

Why, thank you, kind sir!

I must add that theoldgit's contributions and advice are always very helpful.

[louialive]

A query re the VAF 4 form to settle in UK as spouse. You are asked a date of when you want the visa to start from. I have read hear people receiving visa after 3 days sometimes a bit less and sometimes a bit more. I am going to be in BKK when my gf then wife submits the visa and would like to come back to the UK together but I can only stay a few weeks and by the time we get the bits required to marry and then marry I will have about 9 - 10 days left.

If you put a date on the VAF 4 lets say you submit it today 12th Jan 2010 and say you want the visa to start 19th Jan 2010. If they do not get it done by then and over run because they are busy etc will they refuse the visa because the date requested has passed or will they just give you the date closest to the one asked for.

Or is it the case that if there are no complications, your paper work, evidence etc is spot on they issue the visa same day while you wait.

By the time we apply for the visa we would have known each other for 1 year, married about a day or so, seen each other 3 times in that I have been to Thailand for 1 week, 10 days and 10 days spending every day together. Then she has been with me in the UK for past 5 1/2 months. How does this fare in the time taken to process and get the visa.

We did the tourist visa she had via agency, they were very good in fairness but this time doing alone (well in reality with the help of the great people on thai visa). They told us to put the date required 1 month after date of submission which we did. She ended up with visa a few days later for the date that the request was actually submitted i.e the date she went into the embassy took us by surprise.

Hope the above makes sense to reply too

[louialive]

With regards to wife leaving the UK while she has spouse visa. If say for example we wanted to go on holidays in Europe would she need a seperate visa for say Italy or will the visa she has allow her to travel like a British citizen (though I realise she is not a Biritsh citizen with a spouse visa)

Edited January 12, 2010 by louialive

[Boo]

no, she will still need the visa of whichever country she wants to travel to outside of the UK. As someone on a settlement visa she will be allowed to apply from the UK at the relevant embassy.

[louialive]

no, she will still need the visa of whichever country she wants to travel to outside of the UK. As someone on a settlement visa she will be allowed to apply from the UK at the relevant embassy.

Boo

Thanks for the reply I thought that might be the case.

Would you know if these are issued same day or are they ones you need to wait a while for

[7by7]

Depends on which country she is applying to, but for most she will need to apply in advance.