Need Some Advice In Getting My Thai Love To Stay In The Uk

[aland2012]

Hello

I spent 2 years in Thailand with my Thai GF, then on the 6 Oct 2010, she got a 6 month holiday visa to the UK with multible entry, we told the Visa place in BKK we would do only 2 Month first to see if she liked England, Nov 2010 - Jan 2011. I understand that if we say she is only doing 2 months, we must do 2 months, but she can come back to the UK again because she has a multible entry visa. QUESTION ----- While she has this 6 month holiday visa in action, can she apply for a spouse visa with the intention to marry in the UK ??? Or do we have to wait for her hoilday visa to finish first. I believe it is easyer and quicker to get a spouse visa with the intention to marry in the UK, than for us to get married in BKK, then for her to get a wife visa to come to the UK, then marry again in England.

Alan

[RAZZELL]

She has to go back to Thailand to apply for a Settlement Visa.

There should be no difference in waiting times for a fiancee or spouse visa (they are in essence the same).

RAZZ

[aland2012]

OK, can she obtain a spouse visa while her 6 month holiday visa is active ????

I understand she has to go back to BKK to do this. OR do we have too wait untill the 6 month visa date ends, before we can apply for the spouse visa..........

[CharlieB]

No, you don't have to wait until the visit visa ends, but you will obviously have to hand over her passport as part of the application. So if you want to do a quick trip back to the UK, you need to do this before you hand it in as they may take a while to process the application.

[Richard W]

If you contract a legal marriage in Thailand, you'll have a hard job contracting a duplicate marriage in Britain.

[7by7]

The above has been a matter of some debate in the past. Several members, myself included, have asked official sources and received different replies; ranging from "If you have already married abroad, you definitely cannot marry again in the UK unless you divorce first." to "Yes, of course you can, as you will be marrying the same person."

My advice is that if a couple want to marry in the UK then they should apply for a fiance visa, which is valid for 6 months during which she travels to the UK, you marry and she then applies (and pays for) Further Leave to Remain which lasts 24 months. After this she, provided she meets the requirements, applies for Indefinite Leave to Remain, paying another fee of course.

Alternatively you can marry in Thailand and she then applies for a spouse visa. This lasts for 27 months and after she has been in the UK for 24 months she, with the above caveat, applies for ILR.

Unless you have a very strong reason for marrying in the UK, I'd recommend marrying in Thailand and obtaining a spouse visa as this cuts out the FLR application and it's fee.

N.B. She cannot marry while in the UK with an ordinary visit visa.

You may find the following useful:-

SET1 Fiance(e)s

SET3 Spouses

[XXpate48USA]

She has to go back to Thailand to apply for a Settlement Visa.

There should be no difference in waiting times for a fiancee or spouse visa (they are in essence the same).

RAZZ

Al of my research has let me think the K-1 fiance visa is a little quicker than the spousal K-3 but I imagine it is about close to the same, in my opinion! I think most of my research and inquirys have stated 6-8 months.

[7by7]

Interesting, but this is a topic about visas for the UK; not the USA.

Waiting times for a UK settlement visa are the same, regardless of whether a fiance, spouse or whatever. Sometimes it can be a matter of a few days, at others up to three months, depending upon demand and how busy the visa section is at the time.

There may be other factors, such as the need for further inquiries, which may mean some applications take longer to process than others.

[aland2012]

Thank you for all your replies, I am now looking into it, and seeing what is the best thing to do. Its so nice that one can talk and ask for advice on this site.

[Eff1n2ret]

Don't forget that as part of the spouse visa application process, she'll have to pass an English Language test. You might find it convenient to get this out of the way while she's in the UK. UKBA's list of providers is here:-

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/partners-other-family/english-tests-partners.pdf

[madmin]

Hello

I spent 2 years in Thailand with my Thai GF, then on the 6 Oct 2010, she got a 6 month holiday visa to the UK with multible entry, we told the Visa place in BKK we would do only 2 Month first to see if she liked England, Nov 2010 - Jan 2011. I understand that if we say she is only doing 2 months, we must do 2 months, but she can come back to the UK again because she has a multible entry visa. QUESTION ----- While she has this 6 month holiday visa in action, can she apply for a spouse visa with the intention to marry in the UK ??? Or do we have to wait for her hoilday visa to finish first. I believe it is easyer and quicker to get a spouse visa with the intention to marry in the UK, than for us to get married in BKK, then for her to get a wife visa to come to the UK, then marry again in England

hello,

If you go for the marry in england route (fiancee visa) i understand you will have to pay £685 twice once for fiance visa of which you must get married within 6 months then settlement visa which lasts 27 months.

my wife recently got her settlement visa only took 5 weeks we married in thailand september had visitor visa first it dos'nt matter if visa has'nt finished but she must apply from thailand at VFS centre easy enough process you can do online form you will need her to under go a tb scan and now you must do a test before applying if you plan on returning with her to thailand it would be best to marry her in thailand once you have affirmation of freedom to marry you can register at any ampur best to be done at her local ampur as she can change her name at same time you can allways have a blessing here if you want after if important for family and friends party etc

Edited December 23, 2010 by 7by7
Edited to put quote from OP into quote box

[7by7]

If you go for the marry in england route (fiancee visa) i understand you will have to pay £685 twice once for fiance visa of which you must get married within 6 months then settlement visa which lasts 27 months

Not quite.

The initial fiance visa currently costs £750 (payable in baht at whatever rate the embassy are using at the time; currently 37500 baht) and then after the marriage apply in the UK for Further Leave to Remain which lasts for 24 months and currently costs £500 for postal applications or £800 if applying in person for a same day decision.

Once the 24 months are up one can then apply for Indefinite Leave to Remain (assuming one meets the knowledge of life and language in the UK (KOL) requirement and the other criteria) which currently costs £900 by post or £1250 in person.

If already married then one can apply for a spouse visa, which costs £750 and lasts 27 months. Once one has been in the UK for 24 months, and met the other criteria including KOL, then one can apply for ILR.

As can be seen, marrying in Thailand and applying as a spouse cuts out the FLR stage and saves a considerable sum.

However, aland2012, I missed it before, you say

I spent 2 years in Thailand with my Thai GF

If you can show that you have been living together in a relationship akin to marriage for at least the last two years (time spent together on holiday in the UK will count) then she can apply for an unmarried partners visa. This is, to all intents and purposes, the same as a spouse visa. If she enters as your unmarried partner then you can, of course, marry at any time you wish but she would already have a 27 month visa and so would not need FLR.

[Thongkorn]

Basically you could bring all your paperwork for your visa, you would have already made an appointment at the vaf center on line,Get your affirmation to marry and Chest Ex ray Done then you can get married , all this can be done in two/three days easily .Submit your visa application then have a holiday and wait for Visa to be processed. Just a though . a lot of people have done this ,

[bkk_mike]

N.B. She cannot marry while in the UK with an ordinary visit visa.

I know they lost the Human Rights case on this one, and decided not to appeal the decision.

How long are they going to drag their feet on actually getting rid of the rule.

i.e. You will, relatively soon, be able to marry in the UK on a visitor visa. (And already can if the wedding is in the Church of England - whose exalted status was the reason the law failed the human rights test).

She would still have to return to Thailand to apply for the settlement visa though... (I think)

Edited December 24, 2010 by bkk_mike

[7by7]

Bkk_mike,

You seem to be confusing a visit visa with a Certificate of Approval.

Previously, one could not marry if in the UK with any type of visa except one issued for the purpose; i.e. a fiance visa or marriage visit visa, unless:-

The visa was initially valid for more than 6 months

and

One obtained a CoA, unless marrying in the Church of England, when a CoA was not required.

This was deemed unfair by a House of Lords ruling, and originally the plan was to extend the CoA requirement to C of E marriages; but for some obscure, constitutional reason this was not possible. So the CoA requirement will, eventually, be scrapped for all marriages. Although all the UKBA information is that one is currently still required, albeit free of charge.

However, with the exception of a fiance or marriage visit visa, one's leave to enter or leave to remain in the UK still must have initially been valid for more than 6 months in order to marry in the UK.

So ordinary visit visa holders still cannot marry in the UK.

[aland2012]

The above has been a matter of some debate in the past. Several members, myself included, have asked official sources and received different replies; ranging from "If you have already married abroad, you definitely cannot marry again in the UK unless you divorce first." to "Yes, of course you can, as you will be marrying the same person."

My advice is that if a couple want to marry in the UK then they should apply for a fiance visa, which is valid for 6 months during which she travels to the UK, you marry and she then applies (and pays for) Further Leave to Remain which lasts 24 months. After this she, provided she meets the requirements, applies for Indefinite Leave to Remain, paying another fee of course.

Alternatively you can marry in Thailand and she then applies for a spouse visa. This lasts for 27 months and after she has been in the UK for 24 months she, with the above caveat, applies for ILR.

Unless you have a very strong reason for marrying in the UK, I'd recommend marrying in Thailand and obtaining a spouse visa as this cuts out the FLR application and it's fee.

N.B. She cannot marry while in the UK with an ordinary visit visa.

You may find the following useful:-

SET1 Fiance(e)s

SET3 Spouses

Thanx...... I'm not going to be able to go back to Thailand for a while now, as I'm lucky to get myself a good job, here in St Albans. So I will be going for a Fiancee Visa next with the intent to marry in the UK, I understand I will have to pay for FLR, but if I goto BKK, I still have to pay for flights and bit and bobs, plus taking time off work which is a new job for me.

Alan

[aland2012]

OK, Thanx to all, Been thinking and talking to a few people.

I going to go for the Spouse Visa, so I believe this is the plan.

1 - Arrive BKK

2 - Affirmation of Freedom to Marry to British Embassy

3 - IOM for TB Test

4 - British Embassy to collect Afformation to Marry

5 - Get all translations done

6 - Ministry of Foreign Affairs for legalisation of Affirmation to Marry

7 - Oh yes, English test A-1

8 - Goto district office for to get married

9 - Change name on ID Card & Passort ( not sure on this one, might leave for another time )

10 - Goto VFS to hand in Spouse Visa Form

11 - Relax, with a cold beer.

I will be trying to do all this in 2 weeks, as on holiday from work in the UK.

What do you all think ??? Is it possible ??? Any ideas are welcome.

Alan

[knortyboy]

7 - Oh yes, English test A-1

I will be trying to do all this in 2 weeks, as on holiday from work in the UK.

What do you all think ??? Is it possible ??? Any ideas are welcome.

Alan

Easily possible, but to save time why don't you ask your fiancee to do the English test prior to you arriving.

[RAZZELL]

7 - Oh yes, English test A-1

I will be trying to do all this in 2 weeks, as on holiday from work in the UK.

What do you all think ??? Is it possible ??? Any ideas are welcome.

Alan

Easily possible, but to save time why don't you ask your fiancee to do the English test prior to you arriving.

And the Tb test

RAZZ

[7by7]

Doing the TB test in advance is a sensible option.

Hopefully her X-ray will be clear, in which case the certificate will be available the next working day at the latest.

BUT

In case of abnormal chest X-ray findings, or other clinical reasons for concern, additional diagnostic procedures may be needed.

Initially, this will include the collection of sputum smears for testing.

Normally, this will take three to four working days, after the Chest X-ray examination.

If clinically indicated this may also include culture test on the sputum samples, which may take eight weeks. (In a very small proportion of cases, where the sputum culture becomes contaminated, this process may take longer.)

(

Source)

[madmin]

OK, Thanx to all, Been thinking and talking to a few people.

I going to go for the Spouse Visa, so I believe this is the plan.

1 - Arrive BKK

2 - Affirmation of Freedom to Marry to British Embassy

3 - IOM for TB Test

4 - British Embassy to collect Afformation to Marry

5 - Get all translations done

6 - Ministry of Foreign Affairs for legalisation of Affirmation to Marry

7 - Oh yes, English test A-1

8 - Goto district office for to get married

9 - Change name on ID Card & Passort ( not sure on this one, might leave for another time )

10 - Goto VFS to hand in Spouse Visa Form

11 - Relax, with a cold beer.

I will be trying to do all this in 2 weeks, as on holiday from work in the UK.

What do you all think ??? Is it possible ??? Any ideas are welcome.

Alan

you have to fill out spouse form on line your g/f can do this and give you the log in details so you can help fill it in makes the process a lot easier.

affirmation freedom to marry if submitted in the morning you can collect in the afternoon there is normally some translators waiting outside for you business

ministry of foriegn affairs is on the other side of town so best to go the next day as can take a few hours to process there's a food hall there to go to while you wait

once you have all docs stamped go to any ampur and register no vows just signatures you can have a ceremony before or after upto your wife a ceremony is good you can add these photos to your application

[aland2012]

The Spouse Visa forms can be done on-line ???? Will have to check this out.

Thanx Guys, Oh yes the TB idea is a good idea, get it done first just in case of problems.

[Eff1n2ret]

Check with the company you use for the English test how long it will take for the certificate to be issued. If you want to submit the visa application during a 2-week stay, she should almost certainly take the test a good 3-4 weeks beforehand, to be on the safe side. After all, if she doesn't pass you won't be able to submit the application anyway.

[iLOVEcrumpets]

You need to do the TB test in the name she'll have on the visa. So you can't do it before she changes her name.

[7by7]

Are you sure? I can find nothing to say this and would be grateful of a link to confirm it.

Usually if a document is in the applicant's maiden name and their passport is in their married name the ECO will accept the marriage certificate as evidence of the link.

[aland2012]

you have to fill out spouse form on line your g/f can do this and give you the log in details so you can help fill it in makes the process a lot easier.

affirmation freedom to marry if submitted in the morning you can collect in the afternoon there is normally some translators waiting outside for you business

ministry of foriegn affairs is on the other side of town so best to go the next day as can take a few hours to process there's a food hall there to go to while you wait

once you have all docs stamped go to any ampur and register no vows just signatures you can have a ceremony before or after upto your wife a ceremony is good you can add these photos to your application

I've been looking for the SET03 Spouse Visa Form, but with no joy. Wanted to see, read and print off the form.

Can you only fill in the Form on-line ? And can only be done in Thailand.

Anybody know the link?

Alan

[7by7]

The form you want for settlement is actually VAF4A.

A copy can be downloaded from here.

SET03 is the entry clearance guidance for spouses.

[aland2012]

Hello All

Just wanted to let you all know the Big Plan . And if it helps anybody with ideas.

My GF is in the UK now on her Holiday Visa, she goes back to BKK at the end of this Month,

1 - When she is in BKK she will do her TB Scan and A1 English Test ( Listening & Speaking Test ).

2 - I Arrive BKK, couple Months later.

3 - Early Monday morning arrive British Embassy, to hand in Affirmation of Freedom to Marry.

4 - Next Day back to British Embassy to collect AFM.

5 - Get all translations done, and copies into English just incase needed in the UK at a later date.

6 - Ministry of Foreign Affairs for legalisation of AFM

7 - District Office to get Married

8 - Then to VFS to hand in Spouse Visa Form.

9 - Relax, with a cold beer.

Sounds so easy, hope it all goes well. Thanx again to you all for you help, and this site.

Alan