Unmarried Partner Settlement Visa For Uk

[viking639]

Hello!

I am trying to find more information about this Visa which i understand is available? My Thai girlfriend is currently in the UK on a 6-month Tourist Visa running until January 2013. This is the 5th such Visa she has been granted since 2008. So we have never lived together in the UK or Thailand for more than a 6-month period during our 8-year relationship. She believes that it is not possible to apply for this Visa in Thailand.

We are hoping to apply for a Visa that runs for say, 2 years, but does not involve marriage. Also, could she work on such a Visa?

I would be most grateful for some assistance.

Thank-you.

[7by7]

She cannot spend more than 6 months at a time in the UK as a visitor and, usually, no more than 6 months out of any 12. So if she wants to spend 2 years with you in the UK she will have to apply for settlement (unless she qualifies as a student or worker ).

As said to you when you asked basically the same question two months ago here, to qualify as unmarried partners you need to show that you have been living together in a relationship akin to marriage for at least the two years prior to applying.

Unmarried partner visas are, like all settlement visas, applied for in the applicant's country of residence; in her case this would be Thailand.

The rules for settlement visas changed considerably with effect from 9th July; see UK Settlement Visa Basics.

Edited September 22, 2012 by 7by7

[viking639]

Thank you for your reply. As my girlfriend is in fact a Ladyboy we are going to register a Civil Partnership here in the UK first. We then intend to apply for the unmarried partner Visa in Thailand this coming November.

However, if I understood your reply correctly, we may not qualify for this Visa!? As stated in my original post, we have not been living together continuously for a 2-year period. Only for 5-6 months each year since 2008 in the UK when she has had a Tourist Visa.

So I am now wondering, is there a straightforward way to apply for settlement or is marriage the only option?

Thanks again for any further help you can give!

Best Wishes,

Viking639

[7by7]

She will not qualify for an unmarried partner's visa as you have not been living together continuously for at least two years. However, if you register a civil partnership then she can apply as your civil partner.

Thailand does not recognise civil partnerships, so you cannot register one there. However, if you register your civil partnership while she is in the UK as a visitor then once back in Thailand she can apply for settlement as your civil partner.

To all intents and purposes this is the same as a spouse visa. See under "Spouse or Civil Partner" in UK Settlement Visa Basics.

See also Marriage and civil partnership: your legal obligations, note

If you or your partner are subject to immigration control, you need to give notice of a marriage or civil partnership.

You can do this at one of the 76 designated register offices in England and Wales. You need to attend the register office together.

• Download 'Designated register offices in England and Wales' (PDF, 29K) Opens new window
  

The above applies to England and Wales. In Scotland you can give notice at any registry office, and I think it's the same for Northern Ireland.

Edited October 2, 2012 by 7by7

[viking639]

Thanks again for your advice, it is much appreciated.

Recently, all Tourist Visa applications must be made online. Is this the case with the settlement Visa for civil partners too?

[7by7]

Yes, all UK visa applications in Thailand now must be made online.

Having completed the online form you print it out and she signs it. She will also make an appointment with the UK Visa Application Centre to hand in her signed form and supporting documents, including her language and TB certificates, and have her biometrics taken.

See Applying for a UK visa in Thailand.

[viking639]

Thanks again. Sorry to ask more questions, but we were wondering if she could get the English Language test done in the UK or Thailand?

[Kiggs]

Not sure about england (im sure they do) but its so easy to get one in Thailand. There are many places that will take your lady to bangkok to do the test or you can just go yourself. I think i paid about 10k and thats inc taxi.

[ThaiVisaExpress]

You require your partner to enter the UK as your civil partner to settle.

[7by7]

Thanks again. Sorry to ask more questions, but we were wondering if she could get the English Language test done in the UK or Thailand?

Yes, she can take the speaking and listening test in the UK while there as a visitor and she can use the pass certificate for her visa application.

"Whether this will be cheaper than taking the test in Thailand, I don't know. I do know that all the test providers in Thailand insist on candidates taking reading and writing as well, whereas most of those in the UK do not.

List of approved providers.

Note that while she can the test, as she is in the UK as a visitor she cannot undertake a course of study to help her with it.

[viking639]

Thank you 7by7 for your kind assistance to us. I think I may have asked this earlier: can she work on the settlement visa?

[7by7]

If she enters as a spouse or unmarried partner she can work immediately; if she enters as a fiance she cannot work until after the marriage and she has been granted FLR.

[viking639]

Ok. As we she will enter as my civil partner would that qualify as a spouse?

[7by7]

Civil partners are treated the same as spouses; prospective civil partners are treated the same as fiances.

[viking639]

Thanks again for your help! We have now completed a Civil Partnership in the UK. We are currently in Bangkok and I was wondering if you know of a reputable English language school that my partner could attend as she has to study to gain a certificate as part of the settlement visa process? Also, are there any such schools in Phuket?

[welshmale60]

What would happen if a Thai with a child accualy stayed over her visa what would the british goverment do as I have been told as she has a child there's not a lot that they could do ???????????? B

[7by7]

You have been told wrongly.

Worst case scenario; arrest and detention until she is removed from the UK, 10 year ban from visiting the UK, possibly lifetime ban from entering the UK in any category.

If the non EEA parent of a British child is the sole carer of that child then there is a way of remaining in the UK under the EEA regulations (a Zambrano application) but doing nothing is not an option.