Can Anyone Help Please

[Dekka]

My Thai girlfriend and I have been living and working together in Spain and now we want to move to the UK. She has Spanish residence and can live and work there as long as she wants, she was able to get this as she is married (but now seperated) to another English guy who also lives in Spain. She was married in Thailand and has never lived in the Uk. How can I bring her to England and what does she have to do to devorce, is a Thai marrage reconized in England?If anyone can give us some advise or let us know where to go.Thanks.

[GU22]

You say she has Spanish residency; of what type? Is it an EEA Family Permit? If so, she may have to return to Thailand if she divorces her husband. From Statutory Instrument 2000 No. 2326, The Immigration (European Economic Area) Regulations 2000 Part III Para 14(2)

A family member of a qualified person is entitled to reside in the United Kingdom, without the requirement for such leave, for as long as he remains the family member of a qualified person.

(my emphasis)

OK, that's the UK's regulations, but as this is based on EU law I suspect that the Spanish regulations are very similar.

Yes, a Thai marriage is recognised under UK law, so as far as you getting a settlement visa for her to the UK is concerned, she will have to divorce first. I assume she may be able to do this in Spain, but you should speak to a Spanish lawyer about that. Alternatively, she can return to Thailand and divorce him there. The simplest way is for them both to go to an Ampur in Thailand and sign a few forms. Will he cooperate?

Once she is divorced she can then apply for a fiance visa to travel to the UK and marry you, or she can marry you first and apply for a spouse visa. If she is legally resident in Spain then she can do this there, otherwise she will need to apply to the British embassy in Bangkok.

But, she will not get a visa to the UK as your partner if she is still married to someone else; she must get the divorce sorted first.

Edited February 4, 2006 by GU22

[Dekka]

Thanks for your help.Her husband will not cooperate to get a divorce, he's already threatend to kill her, thats why we are leaving Spain. We want him to think she's gone back to Thailand to live. Would it be possible for her to get a visa as his wife and to go to the UK without him?

[britmaveric]

Thanks for your help.Her husband will not cooperate to get a divorce, he's already threatend to kill her, thats why we are leaving Spain. We want him to think she's gone back to Thailand to live. Would it be possible for her to get a visa as his wife and to go to the UK without him?

Not without him thats a guaranteed.

[rio666uk]

Thanks for your help.Her husband will not cooperate to get a divorce, he's already threatend to kill her, thats why we are leaving Spain. We want him to think she's gone back to Thailand to live. Would it be possible for her to get a visa as his wife and to go to the UK without him?

as brit says - you can forget that idea

affraid to say - if he aint gonna co-operate, then he aint never gonna goto thailand just to get divorced... you will have to pursue a divorce case there i guess... take some legal advise on this as there may be other ways to make this easier.

good luck

[vinny]

She would not be able to get a spouse visa without him, that's for sure. However, it may be possible for her to get a non-settlement type visa such as vistor, student, etc., if she satisfies the appropriate UK Immigration rules. As she is currently resident in Spain, she could apply for the visa at the British Embassy in Spain.

Edited February 6, 2006 by vinny

[the scouser]

Would it be possible for her to get a visa as his wife and to go to the UK without him?

Even if she successfully got a visa and got through immigration at the airport, she would be unlawfully in the UK as false representations would have been employed for the purposes of getting it. I therefore wouldn't go down that route.

However, how long has she lived in Spain? Can she now qualify for Spanish citizenship? If so, she could get a Spanish passport and freely travel to the UK. Failing that, how long have the 2 of you lived together? If it's in excess of 2 years, and you can corroborate this claim to a high standard, your g/f could apply for a settlement visa as your unmarried partner.

Scouse.

[vinny]

your g/f could apply for a settlement visa as your unmarried partner

The scouser is absolutely correct. I shouldn't have ruled out other types of settlement visas.

[am05]

Thanks for your help.Her husband will not cooperate to get a divorce, he's already threatend to kill her, thats why we are leaving Spain. We want him to think she's gone back to Thailand to live. Would it be possible for her to get a visa as his wife and to go to the UK without him?

"her husband has threatened to kill her".. why do people say such things??

if the relationshp/marriage is over accept it and get on with it....

sounds like youve got a tricky situation there, but good luck, and hope it all works out