Advice For Settlement Visa For Uk.

[rockinroro]

Hey all,

Me and my Thai boyfriend are planning on applying for an unmarried partner visa for the uk in january. We will have been together for almost 3 years by the time we apply, all of which i can prove. I will have letters from people in England who will employ us both once we are there. But I don't have my own house, we would be staying with my mum, who will also write a letter saying she will financially take care of us until we are on our feet and that we will live with her, however she doesn't own the house. Could this be a problem? Im worried we will be turned down due to having no savings and staying in a parents home. Im also worried about the change in immigration laws which is coming in in April, and whether the fact that there has been a limit to how many people will be allowed into the country will affect us. Also wandering how many people have managed to get this visa? Its such a lot of money i want to know where in with a good chance before we apply. My boyfriend has been to England twice before on tourist visa's and speaks pretty good English. Any advice would be really appreciated. Thanks

[Guest jonzboy]

ou provide too little info for a sensible reply

much depends on your ability to comply with accommodation and maintenance requirements

for example, your mother's home's ownership and accommodation details need to be fully explained with evidence provided as required, see this for more details...

http://www.ukvisas.gov.uk/en/ecg/maintenanceaccommodation#18177510

[rockinroro]

Ive checked your link and this all seems ok. There is more than enough room and as it is my address in England aswell i think that will help. Im sure i can get a letter from the landlord aswel saying we are ok to stay there. Thanks.

ou provide too little info for a sensible reply

much depends on your ability to comply with accommodation and maintenance requirements

for example, your mother's home's ownership and accommodation details need to be fully explained with evidence provided as required, see this for more details...

http://www.ukvisas.g...dation#18177510

[Desertexile]

OP are you an EFL teacher?

[rockinroro]

No i'm not.

OP are you an EFL teacher?

[Desertexile]

So, I assume you were not working in Thailand. That will raise questions also.

Id say with no savings, no job it could be tricky

[7by7]

As you will have seen from Maintenance and Accommodation living with your mother in her rented home is fine; but you should get a letter from her landlord to confirm that there is room for you and that they have no objections to you living there.

You will also see that financial support from your mum, or another person, is acceptable, but they will need to provide evidence that they can afford to provide this support in the form of bank statements, payslips etc. However, you should also show what efforts you have both made to find employment, see MAA10 Assessing adequate means of maintenance.

All of which means nothing unless you can show that your boyfriend does qualify as an unmarried partner. To do so you and he will need to provide evidence to show that you have been living together in a relationship akin to marriage for at least the last two years; such as letters addressed to each/both of you to the same address, bills, etc. See also Supporting documents guide

See SET05 - Unmarried and same sex partners

[VisasPlus]

So, I assume you were not working in Thailand. That will raise questions also.

Id say with no savings, no job it could be tricky

I don't think you can assume that, Desertexile. I am not an EFL teacher here, but I do work, and I do have a work permit.

[dansat]

Have you been living together as a couple for at least 2 years ? By living together it has to have been pretty much non stop . If you have been in different countrys for 6 months or so at a time you wont get it. It clearly states that to be eligible for a Unmarried Partner Visa you must have been LIVING together as a couple for at least 2 years and be able to prove it with documents ( many of them ).

[asiawatcher]

Great way to prove being together is date stamps on photos. Airline tickets of travel together. Hotel receipts with dual names and so on.

The ability to obtain work is important and the credibility of an employer will be checked out so that had better be watertight.

Lack of funds is your downfall. I think it is not even a 50/50 chance at this point from my past experiences from the embassies. Good luck anyway.

[rockinroro]

So, I assume you were not working in Thailand. That will raise questions also.

Id say with no savings, no job it could be tricky

I have savings when i come back from England although they never last long and mostly my boyfriend supports me. However we would have no savings to go to England with but my partner has already been offered a job which he could start as soon as we arrived. I have gotten work through recruitment agency in the past and can get a letter from them showing that I am signed up with them and they will help find me work.

[rockinroro]

Have you been living together as a couple for at least 2 years ? By living together it has to have been pretty much non stop . If you have been in different countrys for 6 months or so at a time you wont get it. It clearly states that to be eligible for a Unmarried Partner Visa you must have been LIVING together as a couple for at least 2 years and be able to prove it with documents ( many of them ).

The first year we were togther i went back to England on my own for a couple of months, but since then he has come to England with me the last two times for holidays to see my family. I have loads of photos although im not sure there date marked. But we do have two previous visa's for him showing that he came to England with me. We live together but it is all cash and we dont get an invoice, i can however try and get a letter from the owner saying how long we have been there etc. Letters from his boss's, previous and present. Local business owners. I have some of our electric bills but they dont have our names on. By the time we apply we will have been together for 3 years and have been living togther for all that time apart from two months when i was in England which would be over two years before anyway. I have phone records from that time showing that i rang Thailand everyday aswell. Its just such a lot of money to apply for this, we only have enough to try once and I want to make sure we do everything we can. Has anyone gotten this visa? What was your situation?

[7by7]

It seems to me that you will have no problems showing that you have been in a relationship for three years; but the problem will be showing that you have been living together for the last two years. Unfortunately the entry clearance officer is not going to take your word that you have been, they will want to see hard evidence. See SET5.13 What types of evidence might demonstrate living together and a relationship akin to marriage/civil partnership?

Whilst I would not advocate marriage just to get a visa, and understand that you have your own reasons for not marrying, if you are unable to provide such hard evidence then marrying in Thailand and obtaining a spouse visa may be your only option.

[Thongkorn]

Depending on what visa you get, your boy friend may not be able to work , also your visa will be stamped , No recourse to public funds , no dole money or any claims what so ever , and National health may be a problem ,

[pdcott]

Have you been living together as a couple for at least 2 years ? By living together it has to have been pretty much non stop . If you have been in different countrys for 6 months or so at a time you wont get it. It clearly states that to be eligible for a Unmarried Partner Visa you must have been LIVING together as a couple for at least 2 years and be able to prove it with documents ( many of them ).

The first year we were togther i went back to England on my own for a couple of months, but since then he has come to England with me the last two times for holidays to see my family. I have loads of photos although im not sure there date marked. But we do have two previous visa's for him showing that he came to England with me. We live together but it is all cash and we dont get an invoice, i can however try and get a letter from the owner saying how long we have been there etc. Letters from his boss's, previous and present. Local business owners. I have some of our electric bills but they dont have our names on. By the time we apply we will have been together for 3 years and have been living togther for all that time apart from two months when i was in England which would be over two years before anyway. I have phone records from that time showing that i rang Thailand everyday aswell. Its just such a lot of money to apply for this, we only have enough to try once and I want to make sure we do everything we can. Has anyone gotten this visa? What was your situation?

[pdcott]

Have you been living together as a couple for at least 2 years ? By living together it has to have been pretty much non stop . If you have been in different countrys for 6 months or so at a time you wont get it. It clearly states that to be eligible for a Unmarried Partner Visa you must have been LIVING together as a couple for at least 2 years and be able to prove it with documents ( many of them ).

The first year we were togther i went back to England on my own for a couple of months, but since then he has come to England with me the last two times for holidays to see my family. I have loads of photos although im not sure there date marked. But we do have two previous visa's for him showing that he came to England with me. We live together but it is all cash and we dont get an invoice, i can however try and get a letter from the owner saying how long we have been there etc. Letters from his boss's, previous and present. Local business owners. I have some of our electric bills but they dont have our names on. By the time we apply we will have been together for 3 years and have been living togther for all that time apart from two months when i was in England which would be over two years before anyway. I have phone records from that time showing that i rang Thailand everyday aswell. Its just such a lot of money to apply for this, we only have enough to try once and I want to make sure we do everything we can. Has anyone gotten this visa? What was your situation?

I applied for this visa for my partner and was rejected the first time as I couldnt prove we had lived together. My Condo was in my name and my partner didnt appear on any of the bills. She was also registered as living at her parents as shown in the house registration book. This was even though we had our 18 month old dual nationality child registered as living at my address. We had the hospital bills from her birth which were to that address also. I had provided evidence that we had travelled together over a 3 year period. My partner had had 2 UK tourist Visas in that period. We easily met all the rest of the criteria for the visa. I ended up getting my partner another tourist visa. Then applying a second time for the unmarried partner settlement visa when our child was 2 years. It was granted the second time. My partner was interviewed the first application and asked if we were to marry and if so what day. We didnt want to give false information. So answered we had no plans t marry. We were even asked the question in an SMS message from the embassy. Its my opinion that if we had stated we were to marry some type of visa would have been issued. My opinion is that the unmarried settlement visa is quite difficult to obtain. As another poster has mentioned the spouse visa may be an option. As I feel that the visa would be rejected in your case on lack of evidence of living as a married couple. They would say in the scheme of things lack of funds and the lack of evidence you lived together. The visa is quite expensive, agreed. So I guess you need to get as much information as possible. Ask the landlord to give you a letter (on a business letterhead if possible) stating how long you have lived together any mail corispondence you both have to the address.In my opinion you cannot have enough evidence.

[Desertexile]

So, I assume you were not working in Thailand. That will raise questions also.

Id say with no savings, no job it could be tricky

I have savings when i come back from England although they never last long and mostly my boyfriend supports me. However we would have no savings to go to England with but my partner has already been offered a job which he could start as soon as we arrived. I have gotten work through recruitment agency in the past and can get a letter from them showing that I am signed up with them and they will help find me work.

Sounds like your chap has plenty of cash if he supports you, so perhaps you should submit his bank details and focus in on that on your application. I think that if he has the potential to generate a good income, then that must also have a positive effect on the application. My Mrs transfered 20k to the UK and included the transfer in her application, cant hurt, thats for sure.

[Desertexile]

Oops just re-read , you said 'we' have no savings so I am guessing he supports you from salary. My bad.

[7by7]

Depending on what visa you get, your boy friend may not be able to work , also your visa will be stamped , No recourse to public funds , no dole money or any claims what so ever , and National health may be a problem ,

If he gets an unmarried partners visa or a spouse visa, he will be able to work immediately. It is with a fiance or proposed civil partner visa that the holder cannot work until after the marriage/civil partnership and Further Leave to Remain has been granted.

Whichever visa he receives he will be unable to claim certain public funds until after he has Indefinite Leave to Remain. However, you, Rokinroro, will be able to claim any and all public funds you are entitled to, as long as you do not claim any extra due to his being in the UK with you.

As he will be entering the UK to take up residence then he will be eligible for full NHS services.

[rockinroro]

Depending on what visa you get, your boy friend may not be able to work , also your visa will be stamped , No recourse to public funds , no dole money or any claims what so ever , and National health may be a problem ,

If he gets an unmarried partners visa or a spouse visa, he will be able to work immediately. It is with a fiance or proposed civil partner visa that the holder cannot work until after the marriage/civil partnership and Further Leave to Remain has been granted.

Whichever visa he receives he will be unable to claim certain public funds until after he has Indefinite Leave to Remain. However, you, Rokinroro, will be able to claim any and all public funds you are entitled to, as long as you do not claim any extra due to his being in the UK with you.

As he will be entering the UK to take up residence then he will be eligible for full NHS services.

Good to know about NHS, was wandering about that. Am i right in thinking that Thai marriages are not recognised in the UK? So hypothetically if we were to get married here, wouldn't we then still have to get the ingagement visa for the uk? Or would we then just have to have a ceremony in the uk within 6 months or so? I hope to marry him someday but not really on the cards at the moment, but might be good to know for the future. Thanks for all the advice, really useful.

[jasonr3255]

Depending on what visa you get, your boy friend may not be able to work , also your visa will be stamped , No recourse to public funds , no dole money or any claims what so ever , and National health may be a problem ,

If he gets an unmarried partners visa or a spouse visa, he will be able to work immediately. It is with a fiance or proposed civil partner visa that the holder cannot work until after the marriage/civil partnership and Further Leave to Remain has been granted.

Whichever visa he receives he will be unable to claim certain public funds until after he has Indefinite Leave to Remain. However, you, Rokinroro, will be able to claim any and all public funds you are entitled to, as long as you do not claim any extra due to his being in the UK with you.

As he will be entering the UK to take up residence then he will be eligible for full NHS services.

Good to know about NHS, was wandering about that. Am i right in thinking that Thai marriages are not recognised in the UK? So hypothetically if we were to get married here, wouldn't we then still have to get the ingagement visa for the uk? Or would we then just have to have a ceremony in the uk within 6 months or so? I hope to marry him someday but not really on the cards at the moment, but might be good to know for the future. Thanks for all the advice, really useful.

Rockinroro,

I have applied for a settlement Visa :"unmarried partner" before and been successful. Do bare in mind that this visa is very hard to obtain for the various reasons the posters have pointed out. However it is possible and do not feel that you should be pressured into marriage purely to satisfy immigration.I was visiting Thailand going backwards and fowards to see my partener "now wife" for the preceeding two year period before we applied. The ECO was happy we were living together in both countries, and it is obviously exceptable we were staying in each others countries on visit visa's only. We were turned down on our first attempt because a stamp in my passport had not photocopied and the ECO decided that because we had spent more than 3 months apart within a 6 month period this was a not akin to a marriage like existance. I re-applied immediately knowing that this seemed to be the only reason for refusal and could now prove we had not been apart for more than 3 months in the preceeding 2yr period plus also stating that under Entry clearance Guidance Chapter 13 it states "WHERE A COUPLE HAVE BEEN LIVING TOGETHER FOR THE PRECEEDING TWO YEAR PERIOD BUT HAVE BEEN DIVIDING THEIR TIME BETWEEN COUNTRIES AND MAY FOR EXAMPLE, HAVE USED THE 'VISITOR' CATEGORY, THEN THIS WILL BE SUFFICIENT TO MEET THE REQUIREMENT". Also I did not provide any letters addressed to us in England such as utilities or bank statements, as my partner at the time was in the UK on a visitor visa and she would not have been able to open a bank account or enter in to any legal obligation. Therefore rendering this requirement as pretty much useless. I am not 100% sure if they have changed the above chapter in anyway so you would need to re-check as my application was submitted in 2008.

Good Luck for when you apply

[Bangkokhatter]

Depending on what visa you get, your boy friend may not be able to work , also your visa will be stamped , No recourse to public funds , no dole money or any claims what so ever , and National health may be a problem ,

If he gets an unmarried partners visa or a spouse visa, he will be able to work immediately. It is with a fiance or proposed civil partner visa that the holder cannot work until after the marriage/civil partnership and Further Leave to Remain has been granted.

Whichever visa he receives he will be unable to claim certain public funds until after he has Indefinite Leave to Remain. However, you, Rokinroro, will be able to claim any and all public funds you are entitled to, as long as you do not claim any extra due to his being in the UK with you.

As he will be entering the UK to take up residence then he will be eligible for full NHS services.

Good to know about NHS, was wandering about that. Am i right in thinking that Thai marriages are not recognised in the UK? So hypothetically if we were to get married here, wouldn't we then still have to get the ingagement visa for the uk? Or would we then just have to have a ceremony in the uk within 6 months or so? I hope to marry him someday but not really on the cards at the moment, but might be good to know for the future. Thanks for all the advice, really useful.

thai marriages are recognised in the Uk as long as it is the legal type, registered at his local Amphur and when your back in the UK, you can register at your local registrar, although this is not a legal requirement in the UK

[7by7]

Am i right in thinking that Thai marriages are not recognised in the UK?

Any marriage that is legal in the country where it took place is recognised as legal in the UK, and has been since the Foreign Marriages Act 1892. So, as said above, a legal Thai marriage, i.e. the registration at the Ampur, is recognised as a legal marriage in the UK.

Whether or not you can register it again in the UK is open to some debate. Some sources say you can, others say that you cannot. What is certain is that you do not have to.

[RAZZELL]

A lot of money...£600 odd quid?

RAZZ

[jasonr3255]

Depending on what visa you get, your boy friend may not be able to work , also your visa will be stamped , No recourse to public funds , no dole money or any claims what so ever , and National health may be a problem ,

If he gets an unmarried partners visa or a spouse visa, he will be able to work immediately. It is with a fiance or proposed civil partner visa that the holder cannot work until after the marriage/civil partnership and Further Leave to Remain has been granted.

Whichever visa he receives he will be unable to claim certain public funds until after he has Indefinite Leave to Remain. However, you, Rokinroro, will be able to claim any and all public funds you are entitled to, as long as you do not claim any extra due to his being in the UK with you.

As he will be entering the UK to take up residence then he will be eligible for full NHS services.

Good to know about NHS, was wandering about that. Am i right in thinking that Thai marriages are not recognised in the UK? So hypothetically if we were to get married here, wouldn't we then still have to get the ingagement visa for the uk? Or would we then just have to have a ceremony in the uk within 6 months or so? I hope to marry him someday but not really on the cards at the moment, but might be good to know for the future. Thanks for all the advice, really useful.

thai marriages are recognised in the Uk as long as it is the legal type, registered at his local Amphur and when your back in the UK, you can register at your local registrar, although this is not a legal requirement in the UK

Unfortunately marriages that are registered outside of the UK "can not be registered in the UK again" You can not marry the same person twice without divorcing first. They can however be "Recorded with the FCO who will in turn deposit copies of your certified translated marriage certificate to the GRO and these copies can be used for legal and binding use there after.

Hope this clears this up !

[7by7]

Unfortunately marriages that are registered outside of the UK "can not be registered in the UK again" You can not marry the same person twice without divorcing first

As already said, this has been a subject of much debate on this forum, with both official and legal sources giving different answers. The best advice that can be given is to speak to your local registrar. Some will say 'Yes,' others 'No.'

They can however be "Recorded with the FCO who will in turn deposit copies of your certified translated marriage certificate to the GRO and these copies can be used for legal and binding use there after.

This is completely wrong. One does not record one's foreign marriage with the FCO! What happens is that one can, via the local British embassy, deposit a copy of one's foreign (Thai) marriage certificate with the GRO. The copy deposited with the GRO has no more nor less legal significance in the UK than any copy not so deposited.

From Guidance for British nationals wishing to marry in Thailand

Consular Section can arrange for your marriage certificate to be deposited with the General Register Office (GRO England / Scotland / Northern Ireland) in the United Kingdom. This not a legal obligation and has no bearing on the validity or otherwise of the marriage. It simply means that you are able to obtain a certified copy of your marriage certificate directly from the GRO, should you need to do so in the future

I hope this clears things up!