Visitor Visa

[madmin]

my g/f has just had her vistor visa approved hooray 2 nd attept success however we want now due to british government changes coming in autumn to just change when she arrives and departs still staying within the 6 month visa valid time

our original plan was she would come here for 1 month prior to us marrying in thailand then we would apply for spouse visa but the government say they have put a cap on immigration due to new test in the autumn and rather loose £685 spouse visa fee and to maximise our visa

we now plan on her coming after we marry in september for 4 months until january then return to thailand and apply for spouse visa

so my question is; would our change of plan go against us when we apply for spouse visa

any help here would be appreciated

[7by7]

Not sure exactly what you mean by ' the government say they have put a cap on immigration' because as far as I am aware there is no definite proposal for a cap on spouse visas and similar; can you provide a link to this information?

The proposed English test is due to be introduced in the autumn of this year, so delaying the spouse visa application will obviously mean she will need to take this. Unfortunately, unless I've missed it, the government have yet to announce details of how and where the test will be taken or a definite date when it will be introduced. See Migrants marrying UK citizens must now learn English .

As for her visit visa, if the change of plans means that she will still be leaving the UK on or before the visa expires then she can still use it. However, it is impossible to change the dates once it is issued. If your change of plans means that the dates of the visa are no longer suitable, i.e. she will want to stay beyond the expiry date, then I'm afraid she will have to apply for another one and pay another fee, explaining why the original one is no longer usable.

Your change of plans should have no effect on her spouse visa application. However, if you explained your plans in her visit application then, to avoid the risk of questions and delay, I would include a brief explanation of why your plans changed with her spouse visa application.

I have to say I'm not sure why she would now want to come as a visitor for 4 months after the marriage, then go back to Thailand and immediately apply for a spouse visa. Why not just forget about the visit visa and apply for a spouse visa? Then she wont have to go home and you will save that airfare.

[ThaiVisaExpress]

I believe you are confused with the cap on migrant workers entering the UK.

[Thongkorn]

Why don't you just go over to Thailand marry her and submit your settlement visa then,

[madmin]

Not sure exactly what you mean by ' the government say they have put a cap on immigration' because as far as I am aware there is no definite proposal for a cap on spouse visas and similar; can you provide a link to this information?

The proposed English test is due to be introduced in the autumn of this year, so delaying the spouse visa application will obviously mean she will need to take this. Unfortunately, unless I've missed it, the government have yet to announce details of how and where the test will be taken or a definite date when it will be introduced. See Migrants marrying UK citizens must now learn English .

As for her visit visa, if the change of plans means that she will still be leaving the UK on or before the visa expires then she can still use it. However, it is impossible to change the dates once it is issued. If your change of plans means that the dates of the visa are no longer suitable, i.e. she will want to stay beyond the expiry date, then I'm afraid she will have to apply for another one and pay another fee, explaining why the original one is no longer usable.

Your change of plans should have no effect on her spouse visa application. However, if you explained your plans in her visit application then, to avoid the risk of questions and delay, I would include a brief explanation of why your plans changed with her spouse visa application.

I have to say I'm not sure why she would now want to come as a visitor for 4 months after the marriage, then go back to Thailand and immediately apply for a spouse visa. Why not just forget about the visit visa and apply for a spouse visa? Then she wont have to go home and you will save that airfare.

Thanks 7by7

would the visitor visa now make the spouse visa more likely to be accepted and how long would the wait be between applying and receiving

air fare here is not a problem i think we will still do this as have booked return ticket plus she can spend some time with her family when waiting for spouse visa as for test i heard that it would be basic only what a 7 year old would know but during her visit 3 1/2 months i hope she will learn a little english and me a little thai i was also thinking of taking her to a learn direct to get an esol course so when a spouse visa is approved she can go straight into work i know thats a long way off yet but worth thinking of

guess i got confussed on the cap on immigration

[madmin]

Why don't you just go over to Thailand marry her and submit your settlement visa then,

Innitially we applied for visitor visa in april but it got refused i then got stuck in thailand due to that volcano and blow me had to stay 2 weeks longer what a shame ha ha ha,

But we applied really so she could visit before we got married and then were planning a spouse visa after we marry but have changed our mind to do a visit after we marry

Because i thought i heard the government had put a cap on settlement visa's due to new test in the autumn and the cap was to stop a rush of applicants (probally after they paid there fee) being accepted

[7by7]

would the visitor visa now make the spouse visa more likely to be accepted and how long would the wait be between applying and receiving

That she has been granted a visit visa based upon your relationship is a help, as it means the ECOs have accepted that your relationship is genuine, whether she uses her visit visa or not.. However, you should still provide the necessary evidence of the relationship with the settlement application.

From what I have read here and elsewhere, it seems that most settlement refusals are not because the applicant didn't qualify but because they didn't show that they did! I remember one poster in particular who didn't provide evidence of one aspect because 'it was obvious.' It may have been obvious to him, but it wasn't to the ECO!

From reports in this topic it seems the current average waiting time for a settlement result is about 7 weeks. Remember that this may vary up or down depending on demand.

You may find the folowing helpful:-

Settlement; Spouse

Maintenance and accommodation