Uk Visitors Visa - Chances Of?

[Prakanong2005]

We were not going to apply for a VV to the UK and just wait til next year to apply for the Settlement but a idea just came to me on the way back from a meeting - why not take the wife/GF to the UK to visit my family first (reason I say wife/gf is that we have had a Buddhist Ceremoney but not the Amphur so we are married in our eyes but not legally)

We plan on the Amphur Weddin in July.

Background

She is in Thailand (Thai citizen) - does not work I support her - she owns some land in her name.

I am a UK Citizen working in another EU country with apropriate ID Card and tax set up etc.

This contract will end on June 30th when I will move to Thailand for 6 months (well that was the plan as the Asia-Pac VP has my CV for a role there but lets not count chickens).

This was just to be an extended holiday so we could travel further around Thailand, Cambodia and Vietnam while we have the opportunity for time off together. I would then be applying for rles in the UK and hopefully get a new contract to return to (my last two contracts have been gained during breaks of 1 month in Thailand between them so fingers and toes crossed)

I would then return to the UK and set up there with "A" applyin to follow on a Settlement Visa (We could probably apply without the contract if reading what I have seen here is correct ie chances of another position being OK and money in the bank to support us for over a year but I would rather be sure - contract might be away from UK anyway)

My Idea

As we will have the time and at the end of the contract i will beback in the UK putting things into storage and applying for the Non-Imm "O" Visa at a Consulate why not give "A" a holiday in the UK to meet my family, friends and see the place before our wedding?

What do the members here who have a far greater knowledge and experience of these things than iIdo think of our chances given the situation?

I know the most important criteria is the reason to return so I am thinking the Land Ownership, wedding in July in Thailand plus showing my tickets and having all required insurance for "A" would help towards that.

Many would say we have nothing to lose by giving it a try but I would say the knockback might cause a loss of confidence in the application procedure for settlement and may come back to haunt us for the most important part.

Your views would be most appreciated.

[the scouser]

Certainly, if, by the time of the application, you are able to show that you have another contract to move on to in, for example, Thailand, then this shows that you have no intention of staying indefinitely in the UK and that, correspondingly, neither does your girlfriend.

The success, or otherwise, of the application will ultimately hinge upon you convincing the visa officer that your g/f's future is linked to yours, and that that's not currently in the UK.

Scouse.

[Prakanong2005]

Hi

Thanks for the quick reply.

I suppose the fact I have been out of the UK for the last 4 years on the trot plus another year two years before that will add weight to my argument that I am not planning on staying in the UK after my short visit in July.

I would just hate for her to get a refusal stamp in her passport before applying for a settlement visa or worse still knock her confidence right in that the interview for the later visa so much she is so scared she perfoms badly.

On the way home on the train I was thinking about another possibility - get her over to the country I am in currently which is much easier than the Uk for visitors visa's and then apply in that country for a VV to the UK to cover the two weeks or so I will be there.

It would mean me complicated logistics but............

This might just all be a lot of bother for a two week holiday during a period when I will be quite busy moving things back to the UK and sorting out visa's

Thanks again for your opinion - it is valued.

[vinny]

On the way home on the train I was thinking about another possibility - get her over to the country I am in currently which is much easier than the Uk for visitors visa's and then apply in that country for a VV to the UK to cover the two weeks or so I will be there.

It would depend on what basis you plan on getting her over to your current country. If she enters as a tourist, then it is unlikely that the British Embassy there will process her VV application for the UK. They may refer her to the British Embassy in Bangkok.

However, after she marries you, she may apply to enter any EEA country, as a family member, under the EEA regulations. This would include the UK if you have been working in another EEA country for at least six months immediately prior. See Uk Immigration - The European Angle., Are you a dual national? for further information.

[Prakanong2005]

Vinny

You do bring up a good point about the Embassy and not processing a VV from Europe to the UK - I think I am just going to leave the idea of a VV for the sake of a two week visit when I will be running around anyway.

As for the Family Permit I was going to go for it but it would have only been for 6 months till I finish here in July - I read somewhewre (Scouse) I think that if it was for such a short time I would have to apply for the whole UK Settlement Visa anyway so agan the hassle is a bit much.

Thanks for the input - its appreciated.

[vinny]

I think that at least six months immediately prior in another EEA country may be sufficient for you to be able to exercise your treaty rights in the UK.

The British citizen should have established themselves in another member state in the exercise of an economic Treaty right for a reasonable period (e.g. 6 months);

See: European Directorate Instructions, CHAPTER 5

See also Chapter 21 - The European dimension for more general information.

However, if you are going to stay in Thailand for a long period afterwards, then it would be difficult to use the above; unless you get the UK residence permit for your wife first and then go to Thailand.

Edited February 8, 2006 by vinny

[Prakanong2005]

Thanks - i will take a look at those when I get home.

I have been here 3.5 years but only resident 1 year so it should have been OK.

The question I have is how easy it is to convert from the EU Family Permit to whatever I would need for the UK.

EG: If I went through the Amphur in 3 weeks time

We applied for the family permit (I think it about 1 month at Embassy of this country for normal visa's)

She comes to this country in March

My Contract finishes June 30th and I move back to the UK

What would she qualify for after only being here with me less than 3 months?

This means I would not get my big holiday (6 months) which may be my last chance for 10+ years ;-)

[the scouser]

If you were to marry your girlfriend she would then be entitled to join you in the EU country where you currently live as the spouse of an EU national. As a British citizen exercising a treaty right in another EU/EEA country you can then present yourself as being "European" for the purposes of sponsoring your wife for a UK family permit. You just need to demonstrate that you are married, your wife is lawfully in the host country, that you have either employment or independent means to sustain yourselves in the UK, and that you are settling there (rather than just visiting). There is no requirement for your wife to have been in the host country for a set length of time.

Diplomatic Service Procedures (go to para 21.4.8)

Cheers,

Scouse.

[Prakanong2005]

"There is no requirement for your wife to have been in the host country for a set length of time."

Ahh - this is at the core of my misunderstanding then.

It would mean a drastic change in many plans but if I can find out processing speed for the EU Family Permit this could be a goer.

I will have a long think about this over the next 2 weeks till I fly out to Thailand on holiday.

Thanks once again to both of you who have certainly cleared things up!