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Posted

Hello Thai visa.

im just about to submit another application for my gf to come and visit me again in England for a holiday visa. After watching the T.V last week (panarama) BBC , i noticed that from April the rules are going to be changing for the home office in the u.k.. From April the home office will have a lot 'less' say about refusing marriages in the uk (thanks to the european courts of human rights). meaning they can no longer refuse marrages on the grounds of a visa nearly finishing.

my questions are as follows..

1, does anyone else know about the new rules coming into force, or is anyone going to be taking advantage of the rule change that will be hapening?

2. if the home office grant us permision to marriage in the u.k,, what would the cost be? and how long would she be given to stay with me, and would she be able to work?

3. has this been done before by any forum members? is it worth it.? is there an easier option?

i understand that if i was to fly to thailand (even for a week), and marry id be intitled to a spouse visa (if succesful at the embassy). but the cost of flights ect would soon mount up..

any help once again much appriciated.

kind regards.

barnaby

Posted

Don't confuse the current requirement to get a Certificate of Approval to get married - which will probably be abolished - with the requirement to get an Entry Clearance as a spouse, which will remain in force. In other words, even if the rules are changed so that you can marry your g/f during her next visit, she will still have to leave the UK when her visit visa expires and apply for a spouse EC in Bangkok (assuming she normally lives in Thailand).

Until the rules change about the Cert of Approval, the status quo is summed up here:-

http://www.ind.homeoffice.gov.uk/sitecontent/newsfragments/32-coa-changes

There is no charge for a CoA application.

Posted

Just as an update, the Immigration Minister announced yesterday that the Certificate of Approval scheme will be scrapped w/e/f 9th May this year. So the OP and his g/f would be able to get married in the UK after that date, but only at designated Registry Offices (as at present). Read all about it here:-

http://www.publications.parliament.uk/pa/cm201011/cmgeneral/deleg5/110329/110329s01.htm

Note also a comment he slipped in about future plans:-

"Our fourth objective is to create new and effective policies. We are closely scrutinising the whole marriage route and looking at measures to tighten it. We have already announced that we intend to consult on extending the probationary period before settlement for spouses beyond the current two years. An additional period would give us a longer time to test the genuineness of a relationship. We will be making further proposals affecting marriage as an immigration route later this year."

Posted

thanks for the reply.

so it looks like there will be a loop hole (slightly) , with me and my gf getting married in the U.K after 9th May. even with her only staying with me on a 6 month tourist visa.

- will it mean i can totaly avoid the home office for permission, and go straight to a registry office for marriage?

- once married, could she apply for a fiencee visa while still in the uk? ( im under the impression that she cant work for 2 years on a fiencee visa) and what would the cost be?

- or, if we marry in the uk and then wait for her to return back to thailand and apply for a spouse visa, would this be easier/cheeper? ( at least she would be able to work if she was to come back to england on a spouse visa)

in the future id return back to thailand with my gf, and give her the marriage that she deserves with her family and friends in her home town,

any thoughts, and or recomendations much appriciated (again).

regards barnaby

Posted

thanks for the reply.

so it looks like there will be a loop hole (slightly) , with me and my gf getting married in the U.K after 9th May. even with her only staying with me on a 6 month tourist visa.

- will it mean i can totaly avoid the home office for permission, and go straight to a registry office for marriage?

- once married, could she apply for a fiencee visa while still in the uk? ( im under the impression that she cant work for 2 years on a fiencee visa) and what would the cost be?

- or, if we marry in the uk and then wait for her to return back to thailand and apply for a spouse visa, would this be easier/cheeper? ( at least she would be able to work if she was to come back to england on a spouse visa)

in the future id return back to thailand with my gf, and give her the marriage that she deserves with her family and friends in her home town,

any thoughts, and or recomendations much appriciated (again).

regards barnaby

In an swer to your 3 questions:-

1) yes

2) No, because a) she can't apply for any "visa" or leave to remain whilst in the UK on a visit visa, and (b a fiance visa is for those wishing to come to the UK to get married. If you're already married, she wouldn't need that.

3) Looks like the appropriate action. You've saved yourself the expense of going to Thailand just to get married, and she will, as you say, then be able to apply for the spouse visa and get a job when she comes back. There are a couple of little hurdles you might like to think about clearing whilst she's on the visit:- to apply for a spouse visa, she will need to pass a basic English test (search on 'A1 English Test' for further info). Then before she applies for Indefinite Leave to Remain she will need to pass the 'Life in the UK' test. The second of these you can of course leave until some time during the 2 years she is in the UK on the spouse visa. However, whilst she is on the visit you should take the opportunity to prepare her for the A1 test and get her through it there.

PS. Whilst there should be no bar to you getting married on a visit visa after 9th May, Registrars are under a duty to report any "suspicious" marriages to UKBA. Whilst there shouldn't be any serious grounds for suspicion in your case, as you have known her and sponsored her for previous visits, you should be prepared for any queries from the Registrar. There is another option, which has so far not been discussed, which is that if it is your firm intention to get married during her next visit, she could apply for a "marriage visit" visa, i.e. she is given 6 months as a visitor, can get married during that time, and then leave the UK. That way there shouldn't be any doubts.

Posted

My advice for what it's worth...You can't beat the system! :lol:

Apply for a Fiancee Visa valid for 6 month's. After you are married in the UK your wife can apply for FLR and a week or so after she'll get her ID card which entitles her to work.

My gf is here on said visa and we have booked the day. Hopefully we'll have FLR by the end of the month and no visa worries for another 2 years.

RAZZ

Posted

A fiance visa is a type of settlement visa; so the processing time, and fee, is the same as other types of settlement visas.

It is valid for 6 months and during that time the holder must travel to the UK, marry their fiance and then apply for Further Leave to Remain. This involves the cost of another application, so in my opinion is not worth it unless the couple have compelling reasons for marrying in the UK rather than in Thailand.

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