Uk Settlement - "to Marry Or Not To Marry? That Is The Question"

[SunsetT]

......This is a continuation from my posts on the previously posted question by 'Matsky13':

'Settlement In Uk , Questions About New Financial Requirements Savings Level ?'

I am considering marrying my Thai lady to try for UK settlement for her. I believe another option for me would be not to marry her but to apply for UK settlement for her as my partner in Thailand of 6-7 years. To do this I've read that cohabitation in Thailand for 2 years in Thailand is required, but I have spent the last 6 Winters with her in Thailand and Summers alone in the UK. I have also returned to her in Thailand during 3 of those Summers for 4/5 weeks. I am 60 yrs old and officially resident in the UK for tax purposes. We rented together in Thailand for 5 years, but when her father died 18 mths ago she returned to take care of her ill and frail mother plus hangers on in their family home, and I stay nearby in a hotel. Does anyone know if this history would qualify, or would I have to be officially resident in Thailand, say, on a retirement visa, for another 2 years renting and living together with my lady, to be eligible to apply for the non-married UK settlement option?

[7by7]

From what you have said, I don't think that you qualify as unmarried partners. Short periods apart are acceptable, but one partner living in Thailand and the other in the UK and just visiting regularly would not be.

The criteria for a spouse and an unmarried partner are the same, anyway. Except for a spouse you need to show that your are married and for an unmarried partner you need to show that you have lived together in a relationship akin to marriage for at least the last two years.

You may find UK Settlement Visa Basics helpful.

[SunsetT]

From what you have said, I don't think that you qualify as unmarried partners. Short periods apart are acceptable, but one partner living in Thailand and the other in the UK and just visiting regularly would not be.

The criteria for a spouse and an unmarried partner are the same, anyway. Except for a spouse you need to show that your are married and for an unmarried partner you need to show that you have lived together in a relationship akin to marriage for at least the last two years.

You may find UK Settlement Visa Basics helpful.

Thanks for that and the link, 7by7, I suspected that was probably the case. Do u know if, when settled, my 'unmarried partner's' 9yr old son would be entitled to free State education in the UK in the same way as if we were married?

[Kiggs]

Just a question on the subject sorry to hijack the thread a little.

Would only being married 10mins before an application not make them think its been done just for the visa?

[Richard W]

Just a question on the subject sorry to hijack the thread a little.

Would only being married 10mins before an application not make them think its been done just for the visa?

Unless things have changed reasonably, the test is whether you *intend* to live together as husband and wife until death do you part.

[7by7]

Do u know if, when settled, my 'unmarried partner's' 9yr old son would be entitled to free State education in the UK in the same way as if we were married?

Yes, he would be.

Local Education Authorities have a legal obligation to provide a school place to all children of statutory school age living in their area. The child's immigration status, or that of their parent(s) and their parent(s) marital status does not change this.

And you will have a legal obligation to either send him to school or see that he is suitably educated elsewhere!

[SunsetT]

Do u know if, when settled, my 'unmarried partner's' 9yr old son would be entitled to free State education in the UK in the same way as if we were married?

Yes, he would be.

Local Education Authorities have a legal obligation to provide a school place to all children of statutory school age living in their area. The child's immigration status, or that of their parent(s) and their parent(s) marital status does not change this.

And you will have a legal obligation to either send him to school or see that he is suitably educated elsewhere!

Thanks 7by7.....Back to the UKBA financial requirements for a Settlement Visa. Is there any consideration given to assets owned in the UK, e.g., property owned......and I am not referring to the flats I mentioned yesterday. I mean a separate house? I didn't see any mention of assets in the link you provided yesterday.

[bobrussell]

They have no interest in assets just the income generated by them.

Edited September 4, 2012 by bobrussell

[SunsetT]

They have no interest in assets just the income generated by them.

Thanks Bob