jessicanguyenself Posted May 26, 2012 Share Posted May 26, 2012 Got the email from VFS bangkok yesterday said the passport will be sent to me within 6 working days .. Finger cross . 2 Link to comment Share on other sites More sharing options...
arick Posted May 27, 2012 Share Posted May 27, 2012 (edited) 5 weeks and counting! This UK none switching is horrible. They allow the Thai person into the UK to enter a civil partnership/marriage and then when you leave and reapply for settlement they refuse over one thing. can't that see that that person was allowed just a few months earlier. Edited May 27, 2012 by arick Link to comment Share on other sites More sharing options...
7by7 Posted May 27, 2012 Share Posted May 27, 2012 Visit visas cannot be switched to settlement. If your partner had entered the UK with a proposed civil partner/fiance visa then after registering your partnership or the marriage he could have, indeed should have, applied for 2 years further leave to remain. It's not the UKBA's fault that your partner applied for the wrong visa. Peoples circumstances change, therefore each application is treated on it's own merits; particularly when they are for different classes of visa. The requirements for a visit visa and a settlement visa are not the same. Even finance; having sufficient finances for a visit does not mean you have sufficient finances to settle and support yourself indefinitely. Link to comment Share on other sites More sharing options...
arick Posted May 27, 2012 Share Posted May 27, 2012 Yes you say that and then we would of still went through the same stuff! that is why we applied for a visitor marriage visa! thinking that we won't risk wasting money if we got it wrong! At the end of the day you need to supply the same documents what ever visa you apply for! Link to comment Share on other sites More sharing options...
arick Posted May 27, 2012 Share Posted May 27, 2012 So should of went for the proposed! but then they could of came around and said prove your relationship! Link to comment Share on other sites More sharing options...
arick Posted May 27, 2012 Share Posted May 27, 2012 Visit visas cannot be switched to settlement. If your partner had entered the UK with a proposed civil partner/fiance visa then after registering your partnership or the marriage he could have, indeed should have, applied for 2 years further leave to remain. It's not the UKBA's fault that your partner applied for the wrong visa. Peoples circumstances change, therefore each application is treated on it's own merits; particularly when they are for different classes of visa. The requirements for a visit visa and a settlement visa are not the same. Even finance; having sufficient finances for a visit does not mean you have sufficient finances to settle and support yourself indefinitely. You are so wrong there!sufficient finances! what do they want! It is somebody on £26k per years making my decision.(let me see their bank statement a day before they get paid!) no comment Link to comment Share on other sites More sharing options...
7by7 Posted May 27, 2012 Share Posted May 27, 2012 As previously discussed, you did not provide evidence of your finances. The ECOs are not mind readers, the onus is on the applicant to provide the evidence they need to make their decision; you didn't do that. (Based on what you have said; for a more accurate comment I would need to see the refusal notice.) What the salary of an ECO has to do with it, I have no idea; other than yet another feeble attempt by you to try and impress the gullible with your income and status. You have said elsewhere that you are a Canadian living in the UK who can't be bothered to take out British citizenship. Maybe you should return to Canada; except it would be a lot more difficult and long winded process for you to get Canadian residency for your Thai partner than it is to get UK residency. Link to comment Share on other sites More sharing options...
7by7 Posted May 27, 2012 Share Posted May 27, 2012 Yes you say that and then we would of still went through the same stuff! that is why we applied for a visitor marriage visa! thinking that we won't risk wasting money if we got it wrong! At the end of the day you need to supply the same documents what ever visa you apply for! So should of went for the proposed! but then they could of came around and said prove your relationship! Don't these two posts contradict each other? You had to provide evidence of your relationship to get the marriage visit visa, did you not? Link to comment Share on other sites More sharing options...
arick Posted May 27, 2012 Share Posted May 27, 2012 yes you do. Link to comment Share on other sites More sharing options...
arick Posted May 27, 2012 Share Posted May 27, 2012 7by7 is all MIND! looking back now yes you could have had a proposed civil visa. Maybe being treated like a second class citizen for so long made me take the easier safer notion. Link to comment Share on other sites More sharing options...
alanrobson Posted May 27, 2012 Share Posted May 27, 2012 You are in Britain and you feel you have been treated like a second class citizen? Ah, well, you must a true Brit then. Welcome to the club. Link to comment Share on other sites More sharing options...
7by7 Posted May 27, 2012 Share Posted May 27, 2012 Arik, not sure what you mean by the above; but if I've understood it correctly then I do have an observation and a question. Observation: a settlement visa is usually easier to get than a visit visa as with a settlement visa there is no need to show a reason to return. Question: you are not, through your own choice, a British citizen; so why should you be treated as one? Alanrobson, arik is a Canadian. Link to comment Share on other sites More sharing options...
chogiekim Posted May 27, 2012 Share Posted May 27, 2012 What is the difference in settlement visas then? Is the visa mean't to say ILE?? on the visa? Or is there only one kind of settlement visa? Link to comment Share on other sites More sharing options...
7by7 Posted May 27, 2012 Share Posted May 27, 2012 There are various types of settlement visa, see UK Settlement Visa Basics for more. Link to comment Share on other sites More sharing options...
chogiekim Posted May 27, 2012 Share Posted May 27, 2012 its a spouse/civil partner visa. but i heard somewhere it has to say indefinite leave to enter! is that right? Link to comment Share on other sites More sharing options...
chogiekim Posted May 27, 2012 Share Posted May 27, 2012 Cheers ok understand. So basically my wife has yet to take the uk test,so that's why she didn't get ILE in her passport. Am i correct or is there other ways to get this? Link to comment Share on other sites More sharing options...
7by7 Posted May 27, 2012 Share Posted May 27, 2012 If you have been living together outside the UK for at least the last 4 years and the only reason she did not get ILE is because she has not passed the LitUK test then her visa should say "SETTLEMENT SPOUSE/CP (KOL REQ)". Have you been living together outside the UK for at least the last 4 years? (Apols if you have already said; I can't remember.) See here for visa endorsements, settlement is on page 2. Link to comment Share on other sites More sharing options...
chogiekim Posted May 27, 2012 Share Posted May 27, 2012 (edited) Been together in Thailand since 2007 and married in 2009. her visa says visa spouse/CP of chogiekim. what would this mean. Edited May 27, 2012 by 7by7 Real name replaced with forum nic for posters protection. Link to comment Share on other sites More sharing options...
chogiekim Posted May 27, 2012 Share Posted May 27, 2012 Maybe we didn't show evidence to show we have been living together. But what can you show?? Link to comment Share on other sites More sharing options...
7by7 Posted May 27, 2012 Share Posted May 27, 2012 It sounds like she has a basic 27 month spouse visa. If you feel she has been given the wrong one, she can either contact the embassy and try to have them change it or, if you don't have time for this, try and get it changed once in the UK. But remember the onus was on her to show she qualified for ILE. With a 27 month spouse visa she can apply for ILR after she has satisfied KOL and been in the UK for 24 months. With ILE subject to KOL she can apply for ILR as soon as she has satisfied KOL. As ILR fees are regularly increased above the rate of inflation, then it does make sense to apply as soon as she is able. Link to comment Share on other sites More sharing options...
chogiekim Posted May 27, 2012 Share Posted May 27, 2012 What things could i have shown that we had been together 4 years?? Link to comment Share on other sites More sharing options...
7by7 Posted May 27, 2012 Share Posted May 27, 2012 Her house book. Your passport with the appropriate Thai visas in it. Letters addressed to each of you at the same address. Bills likewise. Anything remotely official with either of your names on it, the address and the date. I appreciate that not everyone keeps such things for 4 years. Unfortunately, if you don't have any evidence that you have been living together for 4 years then you have to accept that she isn't going to get ILE. Remember that you will need similar evidence to show you have been living together at the same address in the UK when she applies for ILR. So get your bills etc. in joint names wherever possible. Link to comment Share on other sites More sharing options...
jessicanguyenself Posted May 27, 2012 Share Posted May 27, 2012 Her house book. Your passport with the appropriate Thai visas in it. Letters addressed to each of you at the same address. Bills likewise. Anything remotely official with either of your names on it, the address and the date. I appreciate that not everyone keeps such things for 4 years. Unfortunately, if you don't have any evidence that you have been living together for 4 years then you have to accept that she isn't going to get ILE. Remember that you will need similar evidence to show you have been living together at the same address in the UK when she applies for ILR. So get your bills etc. in joint names wherever possible. I have subimtted the all our join bank statements in local bank which dated 5 years back, all the visa in my hubby passport , work contract here , so i do hope they do give me a right visa .. and you said that it can be change once in the uk incase they gave you a wrong visa ?? how and where can i change if i got a wrong visa Link to comment Share on other sites More sharing options...
chogiekim Posted May 27, 2012 Share Posted May 27, 2012 Thanks for your help 7by7. Probably to late,but will see if i have anything i can maybe show to change the visa. Should of done my homework a bit better. But i thought by just telling them we have been together over 4 years and showing them we had been married for 3 years,they would of known the rest of the time i would have been bf and gf. Oh well my mistake! Link to comment Share on other sites More sharing options...
chogiekim Posted May 27, 2012 Share Posted May 27, 2012 7by7 last few questions if that's ok? What is the best to take the UK life test or ESOL course? And how long is the duration of the course? How much is the ILR cost? If she gets ILR how long is this for and when can she apply for citizenship? Sorry for so many questions. Link to comment Share on other sites More sharing options...
arick Posted May 28, 2012 Share Posted May 28, 2012 its a spouse/civil partner visa. but i heard somewhere it has to say indefinite leave to enter! is that right? Yes you have to have indefinite leave. To bring your partner. I had to show the same paper work for the visitor visa as the settlement visa. (basically minus the English text and TB test) Link to comment Share on other sites More sharing options...
arick Posted May 28, 2012 Share Posted May 28, 2012 7by7 last few questions if that's ok? What is the best to take the UK life test or ESOL course? And how long is the duration of the course? How much is the ILR cost? If she gets ILR how long is this for and when can she apply for citizenship? Sorry for so many questions. I did my life in the UK test for my citizenship application which is still sitting on the shelf. I felt I almost would of failed my UK life test and I'm a Science teacher. So that test could be hard for somebody without English as their first language. You can practice on line they have several practice test on their website. she will need the test certificate number to put on the application form. ESol course is good for over all helping with English. Several council like here in Southwark offer free English courses for residents. Local colleges also do entry level test to see what level they can start a ESOL. Link to comment Share on other sites More sharing options...
7by7 Posted May 28, 2012 Share Posted May 28, 2012 Thanks for your help 7by7. Probably to late,but will see if i have anything i can maybe show to change the visa. Should of done my homework a bit better. But i thought by just telling them we have been together over 4 years and showing them we had been married for 3 years,they would of known the rest of the time i would have been bf and gf. Oh well my mistake! Boy friend and girlfriend is not enough for ILE.To qualify for ILE you must have been married and living together outside the UK or living together in a relationship akin to marriage outside the UK or a combination of both for at least the last 4 years. They wont take your word for it; you have to prove it, as well. its a spouse/civil partner visa. but i heard somewhere it has to say indefinite leave to enter! is that right? Yes you have to have indefinite leave. Totally, completely and utterly wrong. You do not have to have indefinite leave. The vast majority of spouse/partner settlement applicants don't have indefinite leave because they don't qualify. The vast majority of spouse/partner applicants receive the standard 27 months spouse/partner visa and apply for indefinite leave after 24 months in the UK.To check what the visa endorsement means, see here; settlement is on page 2. Not much time now, I'll answer the other questions asap. But for an overview and other information on ILE, see UK Settlement; Spouse Visa Or ILE?. Link to comment Share on other sites More sharing options...
funkyronster Posted May 28, 2012 Share Posted May 28, 2012 Hi Guys Thought I would add my application to this thread. Main difference for me is that my fiancee isn't Thai, she's Ukrainian. (Sorry not relevant to this thread, but hopefully of some interest to you all) Our settlement app went in on 12 April. I asked in advance, and was replied to in person by UKBA BKK that they would accept and process our application in BKK. It was prepared by a UK immigration lawyer at a cost of £750, and I was very impressed with the application. It was as perfect as possible, with a stack of supporting paperwork, all specified by the lawyer. I don't want to discuss our chances - the app is in and that's that. We have been together 2 years and have already been to the UK together on a visit visa. However I am happy to answer any questions if my situation is of interest. The main difference for us is that we are both here on tourist visas, and we expire on June 2nd. We got the app in as soon as we could after our last visa run. Does anybody know if UKBA has a policy for applicants who run out of Thai visa time? I emailed them 2 weeks ago and I got a polite reply quoting 95% and 60 days but they would do their best. From next Saturday we will be clocking up overstay at 1000 baht a day, although I will probably try and get an extension on my passport, so it will be 500 a day for her. This is the text of the email I received from them - I enclose it only for the benefit of others. ====== Thank you for your e-mail dated 08/05/12 concerning your fiancé visa processing time. Our website clearly state that The UK Border Agency aims to process 95% of settlement applications in not more than 12 weeks, and is currently working within these time targets. A detailed guide to visa processing times can be found here. Each application is assessed individually, and the actual processing time may depend on a number of factors. We are unable to guarantee that your visa application will be assessed by the date that you have requested. This is because of the unique circumstances of each cases. There may be some delay in processing your application as the UK Border Agency may need to refer your documents to your country of origin. However we will do our best to speed up the processing time, hopefully before your Thai visa expired. ====== Looking at processing times quoted here, it should be sometime soon. A 4 day working week this week doesn't help. Re SMS service. I was also told no service on 12CALL, but at 4pm on the day of application at VFS my 12CALL number (08088...) received an SMS saying the app had gone to the embassy. I have received nothing since. I check the website daily. I am wondering if I should email them politely again? Thanks and good luck to all you other guys and girls. Ron Link to comment Share on other sites More sharing options...
ThaiVisaExpress Posted May 28, 2012 Share Posted May 28, 2012 (edited) They gave you it in writing that they would accept your settlement visa application in Bangkok ? Edited May 28, 2012 by 7by7 Full quote of preceding post removed Link to comment Share on other sites More sharing options...
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