Urgent Help Or Advice Needed

[yumster]

Hi,

You may have read my previous posts regarding my Laos girlfriend being pregnant while on a tourist visa to the UK. We returned to Thailand about 2 weeks ago to try and marry and then apply for settlement which was the advice we were kindly given here.

Unfortunately we have been messed about at great expense by the Laos Embassy in Bangkok and Laos in general. I got my affirmation to marry and my girlfriend went to the Laos Embassy with what we though were the correct documents from her village chief in Laos. The Laos Embassy said they weren't acceptable and told us wew would have to get new ones, so we went to Laos paid 250 pound to get these done urgently. The documents has to be signed the village chief and then posted to Vientienne and officicialy stamped. We received the docs back and returned to BKK to marry but to our horror the Laos Embassy who treat their people like dogs I might add rejected them again.

My girlfiend is 3 months pregnant and time is running out to get her back here.

Is it possible to apply for a Fiancee Visa even though she has only just returned? Do you think if I went to the British Embassy they would be sympathetic? I don't have a marriege booked and i know that is a requirement for the application.

Please give me any advice you can, I return to the UK on Monday morning.

Many thanks

[7by7]

As a fiance visa is a type of settlement visa; that she has recently returned from a visit to the UK will not affect the application. Except possibly in a positive way as the ECOs at the embassy have already accepted that your relationship is genuine when they issued the visit visa.

She applies for a fiance visa using form VAF4A (paper or online, your choice) in exactly the same way as a spouse, only instead of ticking "Spouse" in part 8 she ticks "Fiance."

You should provide the same evidence of Maintenance and accommodation , your relationship etc. as you would for a spouse application, but instead of providing evidence that you are married you provide evidence that you intend to do so once in the UK.

This cannot be a registry office booking as in order to obtain one you both have to attend the registry office in person; which she can't do until she is in the UK. From Settlement; Fiances

SET1.18 What evidence is required of marriage arrangements? The ECO needs to be satisfied that it is intended that a marriage in the UK will take place.

The law relating to marriage in England and Wales does not allow for any arrangements to be made with a Registrar until the foreign national has arrived in the UK. Of itself, a booking at a Register Office or church is not proof that a marriage will take place.

The ECO can reasonably expect the couple to have made some tentative plans for the wedding. Any evidence that may be available that wedding arrangements are in hand may help in this respect.

It may help, and wont hurt, to explain that you had originally planned to marry in Thailand and for her to apply as your spouse but difficulties in obtaining the necessary documents from Laos for her AFM has made you change your minds as ideally you want everything sorted before her pregnancy is too far advanced for her to fly.

Being a settlement visa, a fiance visa costs that same as a spouse one, 32200baht currently. However, it is only valid for 6 months, during which time the marriage must take place. Once you have married she applies for Further Leave to Remain in the UK, which currently costs £475 by post or £730 for to apply in person.

See the links from Application for an extension of stay as the husband, wife, civil partner or unmarried/same-sex partner of a permanent resident.

FLR lasts for 24 months, at the end of which she applies for Indefinite Leave to Remain; the same as if she had been living in the UK for 24 months with a spouse visa. See Settling in the UK and the relevant links from there.

Remember, that although a fiance visa is only valid for 6 months, because it is a type of settlement visa she will still need a TB certificate.

As you can see from the above, a fiance visa is a more expensive route than a spouse one; also a spouse can work immediately they arrive in the UK if they wish but a fiance cannot work until after they have FLR; but I'm guessing in her condition that wont be a factor!

Whether you decide that the extra expense is worth it due to the problems you are having with Laos officialdom is a decision only you can make.

Best of luck, whatever you decide.

[ThaiVisaExpress]

A fiancé visa is currently taking 8 weeks so yes this is possible.

If you require professional help feel free to contact me.

[Thongkorn]

Also she will not be eligible for NHS treatment , to have a baby , her passport will say no recourse to Public funds. Good luck

[seaneee]

If you require professional help feel free to contact me.

Im sure he wont be feeling "FREE" at at all once he has contacted you.

[ThaiVisaExpress]

Wedding bookings you cannot book a wedding until the foreign national arrives in the UK .

Duly enclosed:

AECIP 83/03 states :

"A reminder has now issued to all our offices overseas (under reference AECIP 83/03). The relevant section of this AECIP reads as follows:

"1. There has been some confusion over whether ECOs [Entry Clearance Officers] should be asking for confirmation of wedding bookings at a registry office. This should not be happening. Registrars cannot make arrangements until the foreign national has arrived in the UK.

"2. ECMs [Managers] are therefore asked to re-acquaint themselves and their staff with the procedures outlined in DSP 13.9".

The Entry Clearance Office (ECO) needs to be satisfied that it is intended that a marriage in the UK will take place. Any evidence that may be available that wedding arrangements are in hand may help in this respect. Failing that, the ECO can reasonably expect you to have made some tentative plans for the wedding. The ECO will, however, be aware from our published procedures that "the law relating to marriage in England and Wales does not allow for any arrangements to be made with a Registrar until the foreign national has arrived in the UK

Edited July 16, 2010 by ThaiVisaExpress

[7by7]

Also she will not be eligible for NHS treatment , to have a baby , her passport will say no recourse to Public funds. Good luck

NHS treatment is not classed as a public fund for this purpose.

See Are you coming to the UK to marry a person living in the UK?

[yumster]

I would like to thank everyone who posted replies on this, especially 7by7 for the detailed reply - very helpful indeed.

I am back in the UK now and by girlfriend has just received her TB Certificate so she will be applying for the Fiancee Visa on Tuesday as Monday is a holiday in Thailand I'm told.

Just hope that this goes through quickly and without any problems because I would hate for her to have the baby in Laos.

Thanks again.