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Posted

I have a friend of a friend who I found out today is marrying his Thai GF on Jan 21st, they met this year whilst she was here on a working visa I believe it was.

She returned back to Thailand on Dec 4th as her work had finished. But I noticed today that she is now back in the UK on the same visa as she had before as it had not yet expired and are planning to marry next month, then go to the public office and get the 2 year FLR.

I thought you couldn't do this and had to have the right visa to marry and stay in UK with your partner?

Is this legal what they are doing as the people at the register office have told them they will have no problems getting hitched.

Posted

It depends on the visa type. If it is a marriage visit visa (or other visit visa) she will need to return to her home country to apply for a settlement visa. If she is on a marriage settlement visa she should be able to apply for FLR in the UK as planned. I am not sure what the working visa is but someone else may be able to answer this.

Posted

I'm not 100% on the visa she has, but I know for sure it's not any type of marriage visa.

I will find out the exact visa and post it later.

Posted

From http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/

Can you 'switch' if you are already in the UK?

You may be allowed to switch into the category of husband, wife or civil partner if:

  • you are currently in the UK with permission as a fiance(e) or proposed civil partner, or as the husband, wife, civil partner or unmarried/same-sex partner of a Tier 1 migrant, and you are still with the same husband, wife or partner; or
  • you entered the UK in a different immigration category (for example, as a student), and you have been given permission to live here for a total of more than 6 months since your most recent admission to the UK. For example, you can switch if we gave you a 3-month visa and then permission to remain for 5 months, totalling 8 months. Your current permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules).

Posted

Thanks for that 7by7

I doubt she has been given more then 6 months.

So I guess she will be returning back to Thailand after the marriage and the applying for the settlement visa.

Posted

TVE from what I've been told she is here on a multimedia visa, I've know idea about this visa but I believe it's some kind of tier type visa.

It expires on Feb 5th.

I'm meeting them this weekend for new year so I will be able to get the full visa details.

Razzel no she is not on any type of fiancée visa.

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