Visa To Uk/ireland Long Term Plan

[giruz]

Well,

I’m not sure if this is the right time and the right place to ask, however, I’m asking.

My gf is Thai we have been together since dic ’04 and we live tighter since april ’05 (we don’t have a proper contract nor utilities bills).

Anyway, we are currently living in Australia. We are both students, she is doing MBA and I’m doing another master.

I cheked the UK immigration website and it seems that we need to proof that we have been together for at least 2years in order to obtain a visa that allow my gf to work (settlement visa/partner visa)…

Am I right?

My other little concern is that I’m not UK citizen, I’m Italian.

Can I hope to obtain a working visa without marry my gf? (I think that she should first ask a tourist visa for Italy/Shengen then ask for a tourist visa for uk and then try to go in UK wher I should try to find a job and sponsor her application)

Thanks for any clue

giruz

Edited October 9, 2005 by giruz

[the scouser]

I'm not suggesting that you marry your g/f purely for the sake of her getting a UK visa, but if you were to do so, then she could get a family permit for the UK on the basis of marriage to a European Union national. Family permits are a lot easier to obtain than normal settlement visas.

Failing that, she would probably struggle to get a settlement visa. You are right that she would need to show evidence of 2 years' cohabitation in order to get a visa on the basis of being an unmarried partner and, from what you've posted, you haven't been living together that long.

Scouse.

[giruz]

I'm not suggesting that you marry your g/f purely for the sake of her getting a UK visa, but if you were to do so, then she could get a family permit for the UK on the basis of marriage to a European Union national. Family permits are a lot easier to obtain than normal settlement visas.

Failing that, she would probably struggle to get a settlement visa. You are right that she would need to show evidence of 2 years' cohabitation in order to get a visa on the basis of being an unmarried partner and, from what you've posted, you haven't been living together that long.

Scouse.

<{POST_SNAPBACK}>

Well...I forgot to say that we should finish our master during dic '06 so it will be 1year and 9months under the same roof (then we will move to Italy/UK with a 3months tourist visa)

thanks again

giruz

[the scouser]

Even after 1 year and 9 months, you won't have lived together for the requisite 2 years. Also, I don't know about Italy, but, certainly, in terms of the UK, getting a visit visa is not necessarily just a matter of filling in the application form and paying the fee. Your g/f will have to show the visa officer that she intends to leave the UK at the end of her visit.

Scouse.

[GU22]

Couple of points.

Even if your g/f were to get a visit visa to the UK, she would have to leave at the end of it and then, if she qualifies, apply for settlement in Thailand, or her country of normal residence.

Secondly, for her to qualify for an EEA family permit, the two of you have to be married and you need to have "right of residence" in the UK. From Guidance - EEA & Swiss nationals (INF 18)

Do I have a right of residence in the UK?

European Community law gives EEA nationals a right to live and work in the UK. This is called a right of residence.

You have the right of residence in the UK if you are an EEA national and:

you are working in the UK (see * below), or

you do not work in the UK but you have enough money to support yourself for the whole period of your stay without needing any help from public funds.

* Nationals who need to register under the Worker Registration Scheme must complete 12 months of employment before getting a residence permit.

So, I don't think you can apply for an EEA family permit for her while you are resident in Australia, unless you can show that "you have enough money to support yourself for the whole period of your stay without needing any help from public funds."

I don't know what the Italian immigration rules say.

[samran]

If she has an MBA and a 5 of years work experience in a well paying job in Thailand earning more than 12,000 pounds per year immediately before she started her masters, she might qualify to migrate to the UK in her right using the Highly Skilled Migrant Programme. Details are available here?

If she is under 28, the income and work experience threshold are lower to about 8000 pounds per year in the year before she studied with 3 years work experience. The home office in the UK will need to see paid tax returns and letters from employers confirming all of this before the can approve the visa.

[giruz]

If she has an MBA and a 5 of years work experience in a well paying job in Thailand earning more than 12,000 pounds per year immediately before she started her masters, she might qualify to migrate to the UK in her right using the Highly Skilled Migrant Programme. Details are available here?

If she is under 28, the income and work experience threshold are lower to about 8000 pounds per year in the year before she studied with 3 years work experience. The home office in the UK will need to see paid tax returns and letters from employers confirming all of this before the can approve the visa.

<{POST_SNAPBACK}>

Well...thanks for all the info.

This is the plan:

1) Finish here with the master and ask for an Italian tourist visa. Then in Italy ask for a UK tourist visa and move to UK

2) While in UK I'll try to find *proper* job (I'm enough confident about this)

3) She will try to find a sponsor (I'm not confident at all about this)

4) Ask for a settlement VISA for her

She is younger than 28 but I'm not sure about 8000GPB and 3years work exp.

In theory another way is to marry my gf. However, I'm sure my parents will be not happy at all about this. Anyway, the main problem will be her mum. She is a little bit conservative and I'm sure she will not allow my gf to marry me! (We can marry in secret but if something will go wrong it will be a painful experience for both of us)

(I didn't say anything about Italy visa because it is almost impossible obtain any visa that is not tourist)

(Have a look here: http://www.britishembassy.gov.uk/servlet/F...065721614065#Q1 )

Thanks

Edited October 10, 2005 by giruz

[the scouser]

And depending upon the circumstances of your girlfriend's application, it may be difficult for her to obtain a visit visa - especially if the embassy knows that you are going to the UK to live. Also bear in mind that as your g/f will not be normally resident in Italy, the UK embassy there may decline to accept her application for a visa. Furthermore, if she does succeed in getting a visit visa, she cannot change her status from within the UK; i.e. she would have to leave and reapply for another visa in the new category.

Scouse.