Tourist Visa Whilst Waiting For A Settlement Visa? (Uk)

[Jared]

Does anyone know if this is possible?

My wife and I have been married close to 6 years and have 3 children, we have lived fulltime in Thailand during this period.

Weve been to the UK twice in that time, with the wife on a tourist visa. Just 4 weeks at a time during the Thai school holidays.

We were considering getting the wife a 6 month tourist visa and then to spend that time in the UK before deciding if we want to make the move fulltime and stay there permanently. The problem with that is that after the 6 months, if we decide to stay my wife will have to go back and apply in Thailand and this could take up to 6 months. The kids will be in school when we go back so I dont want to drag everyone back to Thailand for 6 months, if we do decide to stay in the UK.

So is it possible to apply for both visas or is there some other way around this?

Thanks

[7by7]

It wouldn't work, for two reasons.

1) In her visit application she would be stating that she does not intend to remain in the UK, in her settlement application she will be stating that she does; which should the ECO believe?

2) More importantly, while any visa application is being processed her passport will be retained by the entry clearance section at the embassy; no passport no leaving Thailand. If she requests her passport be returned before the application is processed then the application will be treated as withdrawn, with no refund of the fee (except in the most compassionate of circumstances).

Although a settlement visa is a lot more expensive than a visit visa, I would suggest that is what you do. If you decide that the UK is not for you then you can always return to Thailand. The difference in cost between a visit and a settlement visa is a lot less than the cost of a trip UK-Thailand-UK to apply for settlement when her visit visa expires should you decide to remain in the UK.

[Jared]

Thanks for the info, I was kinda of expecting that reply.

Any idea what the waiting times would be on a settlement visa?

I think we can go straight for a ILR because weve been together abroad for over 4 years.

[7by7]

Technical point; ILR is Indefinite Leave to Remain, she cannot be granted this as she is not in the UK. She may qualify for Indefinite Leave to Enter, which to all intents and purposes is the same except that it is granted outside the UK.

However, to obtain it she must have satisfied the Knowledge of Life and Language in the UK (KOL) requirement, which can only be done in the UK.

If she has done so on a previous visit then she should be granted ILE, if not then she should be granted ILE subject to KOL. Like a standard spouse visa this is valid for 27 months, but she can apply for ILR at anytime after she has satisfied KOL without having to spend 24 months living in the UK as well.

Note that she doesn't apply for ILE, she applies for settlement and should be granted whichever is appropriate.

Guide to visa processing times shows that for Feb 2012 100% of settlement applications were decided within 60 days, though the official advice is to allow three months. In previous years the number of applications, and so the processing time for each, has risen sharply in the early months of the year.

You may find UK Settlement Visa Basics helpful.

[Jared]

Thank you so much!

[7by7]

You're welcome.

Note that her visa wont say 'ILE', it will either say 'Settlement Spouse, your name' if she has previously satisfied KOL or 'Settlement Spouse(KOL REQ), your name' if she hasn't.

[duncsmove]

Im in a very similar position to you Jarad, thanks for your help 7by7 people like you make lives a bit easier for people like us

[jingjingna]

It wouldn't work, for two reasons.

1) In her visit application she would be stating that she does not intend to remain in the UK, in her settlement application she will be stating that she does; which should the ECO believe?

2) More importantly, while any visa application is being processed her passport will be retained by the entry clearance section at the embassy; no passport no leaving Thailand. If she requests her passport be returned before the application is processed then the application will be treated as withdrawn, with no refund of the fee (except in the most compassionate of circumstances).

Although a settlement visa is a lot more expensive than a visit visa, I would suggest that is what you do. If you decide that the UK is not for you then you can always return to Thailand. The difference in cost between a visit and a settlement visa is a lot less than the cost of a trip UK-Thailand-UK to apply for settlement when her visit visa expires should you decide to remain in the UK.

This is not 100% accurate info 7by7. I put in a request for the Thai passport to be returned as we need to travel out of Thailand, not the U.K admittedly. We were advised that the passport could be temporarily released while the application would remain in progress.

[7by7]

As I said, it can be done if there is an acceptable reason; but it is not routine.

[Jared]

Thanks guys, looking for a bit more information regarding this visa.

I'll be applying for the settlement visa.

Am I right in thinking that before we can do anything, even fill in the online application, my wife needs to go to Bangkok and get her TB certificate?

Also for the English language requirements, will her BA in Tourism and Hotel studies count? I've had a look at her transcript and there are several English modules. The remaining classes were taught in Thai. If this is not acceptable where can she go to do this test in Bangkok and does she need to do this before we can apply online?

Also regarding myself, I've been out of the country for 6 years living with my wife and kids in Thailand. I left shortly after graduating. I work freelance online and set up a Thai ltd company with 4 Thai staff etc to make things legal over here. That's in the process of being closed down so we can make the move back to the UK. I still have my clients and will continue to do this freelance work from the UK. Do you think this will be a problem when explaining how I will support my Thai wife back home?

Thanks

[rawhod]

Thanks guys, looking for a bit more information regarding this visa.

I'll be applying for the settlement visa.

Am I right in thinking that before we can do anything, even fill in the online application, my wife needs to go to Bangkok and get her TB certificate?

Thanks

I can only help with the TB requirement.

You need to have the TB certificate when you attend your appointment at the VFS, so you can complete the on-line application and make an appointment first.

If you plan one night stay-over in Bangkok, you can get to the IOM office early (I think you have to make an appointment), go to the hospital for the x-ray and get the certificate from the IOM in the afternoon, after 3pm I think. The next day you can go to the VFS...having made an on-line appointment there.

The only possible snag is if the X-ray is inconclusive, she then has to have a series of saliva tests taken over 3 days with the results available in 6 - 8 weeks.

Edited May 17, 2012 by rawhod

[Jared]

Good thinking, Thanks Rawhod.

[7by7]

You can start to fill in the online form and save it to come back to; but I think only for 2 weeks.

Remember, she must submit a TB certificate and an English speaking and listening certificate with her application or it will be automatically refused.

I'm not sure if her BA will count; is it an academic qualification (not a professional or vocational qualification) which the National Academic Recognition Information Centre for the UK (UK NARIC) has recognised as being equivalent to a UK bachelor's degree, a Master's degree or a PhD? You can check at UK NARIC, but they will probably charge a fee.

You may find UK Settlement Visa Basics helpful.

[Jared]

Yeah im not sure if theyll accept her BA as most of it was taught in Thai. It does say they accept English taught degrees from Thailand.

Does anyone know where she can go and get this English test done, might just be easier to do it. Ive found a list online of places in the UK but nothing in Thailand.

Bkk area is fine so we can do it when she goes for the TB test, Nakhon Ratchasima would be better but I doubt theyve got a test center here.

Thanks

[Jared]

I cant seem to find anything online about the English test that my wife needs to complete before we apply for this visa.

The UK border agency states that:

Before you apply

Before you apply, you must:

• prepare the supporting documents that you will need;
  
• be tested to show that you do not have tuberculosis (if you want to come to the UK for more than 6 months);
  
• take an English language test at an approved provider (if required for the class of visa you are applying for)
  
• be ready to submit your visa application, enrol your fingerprints and photograph (known as biometric information) at our visa application centre in Bangkok; and
  
• be able to pay the visa application fee. The visa application fees and guides page explains how much your visa application will cost.
  

I cant find anything on any of the websites showing a list of approved providers in Thailand. Ive been reading through loads of other topics in this section trying to find some more information and it looks like most people didnt need the English test certificate. Some topics went as far back as a few years, so is this a new requirement?

Has anyone else who has been living abroad with there Thai wife for over 4 years managed to get one of these certificates or know where the test centers are when applying for a settlement visa?

Thanks

[Jared]

For the English Test we used SiamVantage and done the Bulats test. She managed to pass ok.

[Jared]

Im in the process of getting together the documents for the Settlement visa. According to the check list she needs a certified copy of my passport.

Will a photocopy surffice and the original passport for them to check?

Thats what weve always done for her tourist visas.

[bobrussell]

Photocopy with something similar to 'I certify this to be a true copy' and your signature. Take the original passport to VFS just in case they want to check!

If your application goes in after the July deadline you will need to show income of £18 600. If your business can demonstrate that there should be no problem. If not rush the application to take advantage of the existing rules!

[Jared]

Thanks Bob, we were due to go in on monday but Ive delayed it until Friday, didnt get the docs all done in time. The new rules are going to screw me over as my wife is currently entitled to the settlement due to the fact that we have been married and living abroad for over 6 years together. Ive also got 3 kids so id need to show a higher salary under the new rules.

[7by7]

If she submits her application before the 9th July she will be assessed under the existing rules, not the proposed new ones.

This means, among other things, that if she satisfies the requirements for ILE then this is what she will be granted.

[Jared]

Thanks, yeah thats the plan.

Ive just printed out the online form that I completed last week and Ive noticed a couple of mistakes. I cant seem to go back and correct it.

Do you think I need to fill out another form and if so can we still keep our same appointment date?

[7by7]

No, correct the mistakes on the form and include a brief note of explanation.

[Jared]

Thanks 7by7

Another question.... If I am using an additional sponser to myself, do they need to fill out a sponsership form su07-01 or will a written letter suffice?

Edited June 20, 2012 by Jared

[7by7]

A letter stating why they are offering financial support will suffice. Along with evidence of their ability to do so, of course.

Remember that if relying on third party support, she must submit her application before 9th July. Third party support will no longer be allowed after that date.

[Jared]

Thanks 7by7

One last question, I hope.

All of our utilities bills are in Thai, do these need to be translated into English or can we use the thai bills.

If they must be translated can we translate them ourselves?

[7by7]

The official line is that all documents in Thai should be accompanied by a certified English translation. I have always done this through a translation bureau, so can't say if self certification would be acceptable.

One for VisaPlus or Thai Visa Express, methinks.

[Jared]

Thanks, Ive managed to find plenty of online receipts from air asia, amazon etc in English so i think ill use those instead.

Weve got three children and I want to use there birth certificates and passports as evidence of relationship or somewhere else in the file.

Will I need to show original documents or would photo copies do?

Each childs got:

Thai Passport

English Passport

Thai Birth Certificate

Translated to English, Thai Birth Certificate

British Birth Certificate

[VisasPlus]

Thanks 7by7

One last question, I hope.

All of our utilities bills are in Thai, do these need to be translated into English or can we use the thai bills.

If they must be translated can we translate them ourselves?

The bills can be in Thai. The UKBA website says that translations should be submitted, but the Embassy still accept documents in Thai. We were given a verbal assurance by the Embassy that, if and when they stop accepting documents in Thai, then they will inform us. Paul at Thai Visa Express received the same assurance from the Embassy on this.

Edited June 23, 2012 by VisasPlus

[ThaiVisaExpress]

I can confirm what Tony has quoted this was discussed at a meeting with the UK/BA in Pattaya.

[UKJASE]

can other documents be submitted in thai too do you think guys? how about chanotes or birth certificates???