Which Visa Should My New Wife Apply For Uk

[duncsmove]

Hi Guys,

My girlfriend and I got married last friday but we havent done the official bit at the amphur yet and was wondering which visa would be the best to go for, Im due to travel back to the UK after Songkran and was hoping to take the Mrs home with me.

This will be her 1st visit to the UK, should we apply for a fiancee visa and do the official bit in Blighty or do we play it safe and go for a straight tourist visa.

Proving our relationship, my job, place to stay and sufficient funds to support her should not be a problem. I have all the paperwork to get married legaly here in Bangkok but am wondering if we would be better off getting a Fiancee visa to the UK ,getting married there and then applying for an extension.

We have just spent 4 months apart and really wanted her to come back with me this time.

Any help would be greatly apprieciated

[liveforever]

Not sure what you mean, you got married but haven't been to the amphur; anyway after we got married we applied and got a tourist visa, like you say to play safe (even though we'd been together 6 years and had the evidence). 6 months later then moved on to settlement and got that; in hinsight maybe should had applied for settlement first, suppose every case is different. Good luck

[RAZZELL]

If you've had the "village wedding" it doesn't mean anything legally...You seem to know the choices already......fiancee visa...marriage in the UK, FLR. Or get married in Thailand.

If you have the proof etc...I'd probably get married now. Either way I doubt you'll get a visa before/after Songkran (just two weeks?)...not sure what the wait times are at the moment...

RAZZ

Edited April 4, 2012 by RAZZELL

[liveforever]

Razz is right about the delays near songkran time, it does seem like pushing it a bit.

[7by7]

For the marriage to be legal, and so recognised, in the UK it needs to be legal in the country where it took place. As said above, a ceremonial or religious wedding in Thailand is not a legal marriage under Thai law, to make it legal you must register it at an ampur (see Guidance for British nationals wishing to marry in Thailand).

So you can do one of two things:-

1) Register the marriage in Thailand and apply for a 27 month spouse visa; after 24 months living in the UK she then applies for Indefinite Leave to Remain.

2) Apply for a fiance visa. This is valid for 6 months during which time she travels to the UK and you register your marriage there. Once you have done so, she applies, and pays for, Further Leave to Remain, which lasts for 24 months. At the end of her FLR she applies for ILR.

As can be seen following the fiance route means an extra application has to be made, and paid for. So unless you have definite reasons for registering your marriage in the UK rather than in Thailand, I recommend the first option.

N.B. A legal Thai marriage is fully and legally recognised in the UK and vice versa.

See UK Settlement Visa Basics for more details.

Edit: If looking for a visit visa, see my post below.

Edited April 4, 2012 by 7by7

[madmin]

If i were you i would register in thailand, you can still just apply for visitor visa as this will be quicker to process than the settlement visa then you can send her back at the start of our winter your save a fortune in heating bills she could then start an application for settlement visa ready for next year,

what area you live at in england

[7by7]

I seem to have misread the OP; I thought you were asking about settlement!

If you are looking purely for a visit, then she does not want a fiance visa, as this is a type of settlement visa.

For a visit, as you are not currently legally married she would apply for a general visit visa. If you do register your marriage at an ampur then she can apply for a family visit visa. Basically the same, except if a family visit application is refused she can appeal; general visit refusals cannot be appealed.

See UK Visit Visa Basics for more details.

If wanting to apply for settlement, my previous post applies.

[bobrussell]

Just be careful to cover 'reasons to return'!

Just because you are married does not automatically make a visa forthcoming. It could be argued that a wife visiting the UK is more likely to be seen as an overstay risk or a visit visa a means of by-passing immigration rules.

My advice is to cover this very thoroughly. The ECO is not there to make your life a misery but a poorly thought out application might just result in that happening!

Always handy to include the 'would not wish to jeopardize future visa applications by failing to comply with visit visa terms'.

I am another one that would recommend a settlement visa application in Thailand following registration of the marriage there.

[Romfordboy]

I agree, things will be much easier and cheaper in the long run if you marry in Thailand and go for a settlement visa.

I think it will strengthen an application if you're married already, but that's just my opinion.

A friend of my wife recently applied for a fiancee visa and has had a few problems. In fact, she's still waiting for the result. The embassy called her and wanted to know exact dates and location for her wedding in the UK.

[BWPattaya]

Hi there.

I suspect that you know already that you are not married. Therefore any visa application must reflect that status.

If you want to marry legally are you aware of the process? You say that you have all the documents. Have you written a Letter Of Affirmation of Freedom To Marry? This, together with proof that you are eligible to marry (Divorce Decree Absolute if you were previusly marrind in the UK), must be taken by you to the British Embassy to be stamped (2,100 Bt if I remember correctly). When you have this you must get it translated by a certified translation company and then take it to the Ministry of Foreign Affairs. You can get the translation done across the road from the MFA, an advantage of doing this is that if there is a mistake you can go back to the office and they will correct the mistake for free. Your future wife also needs tha same affirmmaatiion of freedom to marry from the Amphur off in the area she is registered, so, if (for example) she comes from Ayuttaya she has to go there. When you have all this then you can go to the Amphur and register the marriage. Obviously have original and copies of passport and ID. This only cost a few hundred Bt.

It is far cheaper to get married here than in the UK. Less than 5,000 Bt.

[ThaiVisaExpress]

We offer a marriage service in Pattaya but I doubt you will have enough time to process a visa application. We close our office for 1 week during songkran.

[7by7]

Your future wife also needs tha same affirmmaatiion of freedom to marry from the Amphur off in the area she is registered, so, if (for example) she comes from Ayuttaya she has to go there

No, she doesn't. AFMs are only required from foreigners marrying in Thailand.

She will need her ID card, household registration and if she has been married before evidence that the marriage is over; i.e. divorce or spouse's death certificate.

[RAZZELL]

I think there is something illustrating your "marital status" that you can get from the local amphur.

RAZZ

[Debothai]

www.siamlegal.com that should be helpful, they can arrange it for you but they are a bit expensive.

[Kwasaki]

Your future wife also needs tha same affirmmaatiion of freedom to marry from the Amphur off in the area she is registered, so, if (for example) she comes from Ayuttaya she has to go there

No, she doesn't. AFMs are only required from foreigners marrying in Thailand.

She will need her ID card, household registration and if she has been married before evidence that the marriage is over; i.e. divorce or spouse's death certificate.

From what I remember he will have to produce a lot of original and photocopy paperwork too.

I had to go home to the UK first so I could send certificates, salary records, letter from the company I worked for etc etc etc.

We were unprepared for what was required at the time but got there in the end, it was a good thing to do for me as my wife was able to see how different in relation to Thailand the UK is, goodluck to you OP.

[7by7]

^^^^^^^

Are you talking about his AFM, or her visa application?

If the AFM, he simply needs his passport and evidence that any previous marriages are over; i.e. divorce or death certificates (original or certified copies). See link in post 5.

For her visa application, then yes, evidence of finances, accommodation in the UK etc. will be required. See appropriate link in posts 5 and 7.

[Kwasaki]

^^^^^^^

Are you talking about his AFM, or her visa application?

If the AFM, he simply needs his passport and evidence that any previous marriages are over; i.e. divorce or death certificates (original or certified copies). See link in post 5.

For her visa application, then yes, evidence of finances, accommodation in the UK etc. will be required. See appropriate link in posts 5 and 7.

Apologizes !! I did mean application for his wives UK visa after they have the AFM.

[duncsmove]

Thanks for all of your advise folks .. I am back in sunny Shropshire now, we did get legally married at the amphur in Rayong I am thinking of we should go for a visit visa and playing the we will apply for settlement visa at a later date and would not want to do anything to jepardize this future application card, as the wait is around 12 weeks for settlement visa.. im thinking it cant harm a future application if the wife comes over for a visit and returns to thailand to tie up loose ends and apply for settlement visa after she returns to Thailand.... thoughts?

[7by7]

For a visit visa she will need to show a reason to return to Thailand, and also explain why she wants to just visit her new husband and not live with him.

For a settlement visa there is, of course, no need for either of the above.

It is of course, your choice.

[duncsmove]

For a visit visa she will need to show a reason to return to Thailand, and also explain why she wants to just visit her new husband and not live with him.

For a settlement visa there is, of course, no need for either of the above.

It is of course, your choice.

Its a tough one, the near 3 month waiting time for a settlement visa is too long considering we were apart for 4 months prior to getting married , would it harm a later application if we didnt state we are already married we just want to be together here soon then organise settlement for her and my step daughter in 3 months or so on her return.

[RAZZELL]

^ Last year my wife's fiancee visa only took 6 weeks.

February wait times:

http://www.ukba.home...sultTableAnchor

RAZZ

Edited April 21, 2012 by RAZZELL

[7by7]

would it harm a later application if we didnt state we are already married

Yes, possibly disastrously; how would you explain in the later application that your marriage certificate is dated before the visa application where she said you weren't married.

Lying in a visa application is taken very seriously; if discovered, and in this case it definitely would be, then she could be banned from ever entering the UK!

Tell the truth; if just a visit at this time and settlement later, say why.

Remember, though, that she will not be able to convert her visit visa to settlement whilst in the UK. She will have to return to Thailand and apply for settlement there.

I know that the time apart can be wearing and seem very long, I've been there. But we are talking about a few months of waiting and then you can spend the rest of your lives together.

[aland2012]

I think there so no time like the present....................Why don't you go for the Settlement Visa. The Vistors Visa would go so quickly, in doing the Spouse Visa root, you don't need to worry about reasons to return, you just tell the truth and that you two want to be together.

Alan Day

[duncsmove]

would it harm a later application if we didnt state we are already married

Yes, possibly disastrously; how would you explain in the later application that your marriage certificate is dated before the visa application where she said you weren't married.

Lying in a visa application is taken very seriously; if discovered, and in this case it definitely would be, then she could be banned from ever entering the UK!

Tell the truth; if just a visit at this time and settlement later, say why.

Remember, though, that she will not be able to convert her visit visa to settlement whilst in the UK. She will have to return to Thailand and apply for settlement there.

I know that the time apart can be wearing and seem very long, I've been there. But we are talking about a few months of waiting and then you can spend the rest of your lives together.

I think there so no time like the present....................Why don't you go for the Settlement Visa. The Vistors Visa would go so quickly, in doing the Spouse Visa root, you don't need to worry about reasons to return, you just tell the truth and that you two want to be together.

Alan Day

For a visit visa she will need to show a reason to return to Thailand, and also explain why she wants to just visit her new husband and not live with him.

For a settlement visa there is, of course, no need for either of the above.

It is of course, your choice.

My Mrs got her family visitfor 6 months today she will stay for less then go back to BKK to arrange settlement visa , at least we can get all the paperwork done here first and she can tie up all loose ends before a much longer stay here in the UK , in my letter I did play the ( not wanting to risk future applications by not returning) card, I would like to thank you all for your views Chok Dee Khrap