V/visa And S/visa At The Same Time?

[Midlander]

Hi Guys,

Great forum. Wish I'd found you 2 months ago, I've waded through a fair few of the pages of this forum and its great to hear so many success stories!

I've not had much luck in finding much info on my particular problem?

A brief but no doubt all to familiar history is probably in order.

While on my first visit to LOS ( business/pleasure ), in June this year, I met 'N', well we clicked and have been clicking ever since! I arranged to meet her in Germany in August where she was working at a Thai fair for a few days. Naively I thought it would be a great idea to invite her to the UK for my mothers wedding and my 40th birthday. I was gob smacked at the work neccessary for the visa but duly provided all the information required, or so I thought. Visa was refused on the basis that we had not known each other long enough (fair enough), but they also doubted that we had even met!

Obviously the information I have got from this site has made me realise just how poorly prepared our visa application was. I returned to Thailand at the end of September and spent 16 fabulous days with N and celebrated my 40th there.

I now plan to return to Thailand in December for another 16 days ( New Year ).

Neither of us has the habit of rushing into things, but it seems we just want to be together all the time, we plan to marry in June, but frankly we don't want to wait that long to be together. While I am there in January I'd like to apply for V/visa and bring her back to the UK with me. I would like her to stay until we return to LOS for our wedding in June. While here in the UK, we would compile the neccessary documentation for the S/visa, post the application, about March, and ask for an interview date about a week before the wedding, early June.

Am I living on another Planet?

I realise there are lots more questions that require answers but to begin with some opinions as to whether my proposal is feasable would be a great start!

Thanks in advance for any advice/help.

Midlander

[dr_Pat_Pong]

Wait on a response from Scouse. He's the full bottle on UK immigration advice. Start keeping photographs and phone records.

[the scouser]

I'm afraid that I'm about to step out of the door to go to the TV North West chapter's drinkies in Liverpool. I'll answer your question tomorrow, Midlander.

Scouse.

[GU22]

Your proposal is certainly feasible, Midlander.

The 3 main criteria she will need to satisfy to get a visit visa are:-

1) Is the reason for the visit genuine?

That is, is she coming to the UK for the purpose stated? You will need to show evidence of your relationship. Phone records, copy e-mails, letters, photos of you together.

2) Can the applicant pay for the visit and be supported and accommodated without recourse to public funds?

Either from her own resources, or with your help. You will need evidence of this. Bank statements for the last 6 months, ditto pay slips (or, if self-employed, certified accounts). Details of where she will be staying, with a letter of consent from your landlord if you rent.

3) Will she leave the UK when, or before, the visa expires?

Does she have a job, and will her employer confirm this and that she will still have a job when she returns? Does she own land?

In your circumstances I think no.3 will be the problem. You will need to convince the ECO that she will be returning to Thailand to marry and then apply for settlement. This is easier than it used to be, since it is no longer possible to marry in the UK if there on a visit visa, nor to switch to a settlement visa in the UK (except in extremely exceptional circumstances).

Midlander, I would give it a go. Even if the vv application is unsuccessful, it will have no bearing on a subsequent sv application.

If you've not already done so, have a read of:-

Guidance - General information (INF 1)

Guidance - Visitors (INF 2)

Guidance - Sponsors (INF 3)

For the settlement visa, when the time comes, the reason to return is, of course, eliminated. However, you will still need to satisfy the first 2.

Guidance - Husbands, wives and partners (INF 4)

That's the basics, if you need any specific advice feel free to ask.

[Midlander]

Your proposal is certainly feasible, Midlander.

The 3 main criteria she will need to satisfy to get a visit visa are:-

1) Is the reason for the visit genuine?

That is, is she coming to the UK for the purpose stated? You will need to show evidence of your relationship. Phone records, copy e-mails, letters, photos of you together.

2) Can the applicant pay for the visit and be supported and accommodated without recourse to public funds?

Either from her own resources, or with your help. You will need evidence of this. Bank statements for the last 6 months, ditto pay slips (or, if self-employed, certified accounts). Details of where she will be staying, with a letter of consent from your landlord if you rent.

3) Will she leave the UK when, or before, the visa expires?

Does she have a job, and will her employer confirm this and that she will still have a job when she returns? Does she own land?

In your circumstances I think no.3 will be the problem. You will need to convince the ECO that she will be returning to Thailand to marry and then apply for settlement. This is easier than it used to be, since it is no longer possible to marry in the UK if there on a visit visa, nor to switch to a settlement visa in the UK (except in extremely exceptional circumstances).

Midlander, I would give it a go. Even if the vv application is unsuccessful, it will have no bearing on a subsequent sv application.

If you've not already done so, have a read of:-

Guidance - General information (INF 1)

Guidance - Visitors (INF 2)

Guidance - Sponsors (INF 3)

For the settlement visa, when the time comes, the reason to return is, of course, eliminated. However, you will still need to satisfy the first 2.

Guidance - Husbands, wives and partners (INF 4)

That's the basics, if you need any specific advice feel free to ask.

<{POST_SNAPBACK}>

Yes GU22, Point 3 is really where I'm erring! She has been in full time employment for the last 7 years has a good job, 30k bt per month, and owns her own house. But she will not be returning to work in Bangkok if she gets a V/visa.

Will, having the wedding booked, replies from wedding invites and such like count towards a reason to return? Maybe we could leave deposits for caterers, florists etc and use the receipts also.

I made a mistake in the original post, we would want a interview after the wedding not before.

Cheers

Midlander

[GU22]

The more evidence you can show that she will be returning at the end of the vv, the better.

I suppose she will be quitting her job, as the long term plan is to settle in the UK, so that ones out, although some form of reference from her employer wouldn't hurt.

Provide proof that she owns property, and yes, if you have receipts of deposits etc. for the wedding, provide those as well. Write a sponsorship letter, and outline your plans also.

Some people may advise you to conceal the wedding from the ECOs. Don't be tempted to do this. If you start to lie, you have to carry on with the lie. One slip and not only will she not get a vv, she could jeopardise the sv as well!

You seem to have learned the lesson from the underprepared application, and are on the ball this time round. Best of luck!

Edited November 5, 2005 by GU22