Uk Visa For Thai Girlfriend... Is Age An Issue?

[jojo90]

Hi,

So 1 year and 5 trips later to Thailand and I think I've been doing everything 'right' to secure a tourist Visa for my Thai girlfriend to come to England. I've supported her, hours of evidence on Syype conversations, saved hotel bills, photos with her family, put her through 'Hair and Beauty' school, etc etc.

Then I saw something on BBC news about the UK govt. being taken to court, and losing, over a regulation preventing marriage Visas unless you are over 21! My girlfriend is 18 in December and it got me thinking if I might have some challenges when it comes to a Visa application. We are planning to wait until Feb to make the application when I have the chance to come over in person with all the paperwork. We always figured we would be better off waiting until she was 18 even though her mother is very supportive.

We naturally aren't going for a marriage visa first so this would be a tourist visa with her staying with me and attending language school in the UK (at my expense).

So does anyone know if this will be a problem or not? What about us meeting when she was 17, could that count against us?

Joe.

Edited October 23, 2011 by jojo90

[Bizz]

Before this gets pulled as i know this is probably a regular poster who is bored looking for some sh** stir.

first she has to be 18 get a tourist visa, then go back to Los,

There marry her, come back get a marriage settlement visa, don't matter if you marry in LOs they will except you were legally married in Los so you can get your marriage visa and live happily ever after.

[jojo90]

I joined a while ago however haven't posted much yet . Just some words to preempt a few comments that might be posted.

I can understand the sensitivity around a girl of 18 coming to England however the age gap isn't significant (in fact it never even registers - we look great together in photos) and I genuinely and completely have her best interests at heart. We are both very much in love, we talk for at least an hour every day (first thing in the morning, last thing at night, and much longer at the weekends!).

I took her out of a bad situation in Thailand and she is now finishing collage soon and genuinely excited about our future. Big step change from where she was in that respect. We just 'got' each other from day 1. I'm working hard to set everything up in England for when she comes including applications for English schools etc.

Anyhow Bizz thank you very much for the advice . We have already had our 'engagement' ceremony with her family and friends however I really need her to visit England before making any commitment. I think right now England is an image in her head and she needs to live and breathe the place to be 100% sure this is the place where she wants to build a future, and I'm the guy to build it with. My hope is in 3-6 months I can follow the plan you laid out... if she loves England then back over to Thailand to marry then our real future can begin!

[ludditeman]

You haven't mentioned your age (unless I'm mistaken)

If you are 70 and she is 17 there will be problems with the Visa

If you are 21 and she is 17 there will be far fewer problems.

[bangkockney]

We naturally aren't going for a marriage visa first so this would be a tourist visa with her staying with me and attending language school in the UK (at my expense).

Not possible. No study with visit visas unless the applicant is a child (which your GF is). She could not apply as a child as any accommodation or sponsorship from you would be deemed inappropriate.

If you want her to study in the UK she will need to apply as an adult when she reaches 18.

[7by7]

There is a minimum age for applying for settlement as a spouse, partner or fiance. It was 18, but was raised by Labour to 21, but as you rightly say this has been challenged in the courts and been deemed unlawful. It remains to be seen whether or not the current government appeal the decision or simply reduce the age back to 18. See this topic for more.

There is, however, no minimum age for a visitor. For her to obtain a visit visa she basically has to satisfy four points

• She is a genuine visitor with a genuine reason to visit the UK.
• She will be adequately maintained and accommodated while in the UK without recourse to public funds.
• She does not intend to work or study while in the UK.
• She will leave the UK when, or before, her visa expires.

For more info on visit visas, see UK visit visa basics.

As Bangkockney says, she cannot study if in the UK as a visitor. From what you have said, she is now 18, in which case she will need a Tier 4 visa under the points based system if she wants to study in the UK. See Adult students under Tier 4 (General) and the appropriate links from there.

Note to all.

I have removed some irrelevant posts. Please stick to the topic, and if you have nothing to say; say nothing.

[jojo90]

Thank you for the replies - very much appreciated! (and to the moderators - I don't mean to cause extra work for you guys it's just I genuinely need some guidance!)

I perhaps naively assumed that because I would fund her attendance at a language school then this would be OK under a tourist Visa. I though the regulation would only apply to publicly funded institutions over private institutions!

Looking through the UKBA website in a bit more detail (duh) it seems because she is a 'Visa National' I need a Visa first and then (or perhaps in parallel to) a 'Student Visitor'. What I probably need is a 'Student Visitor Visa'. No idea if how easy these are to come by. I've spoken to some language schools already who would be happy to take her on so that side of things should be good. Her studying English here is such a big part of getting everything 'right' we really need that to happen in order for her to settle properly.

I guess thinking a year down the line when it comes to marriage and settlement I'm just at the mercy of the courts and government right now . It would seem such a waste of time if she had to just visit for the next 3 years then a further period of time for the settlement Visa.

[jojo90]

We naturally aren't going for a marriage visa first so this would be a tourist visa with her staying with me and attending language school in the UK (at my expense).

Not possible. No study with visit visas unless the applicant is a child (which your GF is). She could not apply as a child as any accommodation or sponsorship from you would be deemed inappropriate.

If you want her to study in the UK she will need to apply as an adult when she reaches 18.

Hiya! That's why we've been holding off for a while now - firstly I wanted her to be 100% sure this is what she wanted to try and secondly we both felt it sensible to wait until she turned 18 before applying.

[7by7]

What I probably need is a 'Student Visitor Visa'. No idea if how easy these are to come by. I've spoken to some language schools already who would be happy to take her on so that side of things should be good.

A student visit visa can be valid for up to 11 months if studying an English language course. Her actual allowed length of stay will be based on the length of the course she will be attending. See Student Visit Visas.