Spouse / Settlement Visa Application (uk)

[Jersey_UK]

Before I start putting a folder of documents together, can I just clarify the purpose of the Embassy's "doubts".

Apologies if this is stating the obvious............or completely off the plot!

From what I have read (a lot!) it seems to me that once the Embassy are satisfied that Mr Farang is not a knowing party to a "Marriage of Conveniance" that they don't need proof of WHY Mr Farang has married Miss Thai, i.e. they ACCEPT that this for all the "right" reasons of undying love etc etc by Mr Farang and therefore they do not need Mr Farang to "prove" his side of the relationship.

The Embassy are NOT their to stop Mr Farang from being a complete tw#t on the basis that he is an adult and therefore big enough and ugly enough to look after himself! As they are not Marriage Guidance or "Dear Abbey" they are essentially not concerned if the odds of the happy couple celebrating their Golden Wedding Anniversary appear slim to non-existant. The only assessment / judgement that they make on the relationship is whether it is "genuine" by both parties. 99% doomed maybe, but 100% "genuine"

What the UK Embassy are concerned about is:-

1) that it is not a "marriage of conveniance" by him.

2) that is is not a "marriage of conveniance" by her.

3) that the Thai woman is not going to be a burden on the State......... or a public menace

To address number 1) they primarily require evidence of contact. The longer the better, but say 6 months as a good starting point, with the more time together the better. (Letters / E-mails / photos / phone records / bank statements / time together - with the content largely immaterial).

To address number 2) they require HER to have a knowledge of the personal details and family of Mr Farang (to demonstrate having taken some interest in him!) and from the evidence of contact (Letters / E-mails / photos / phone records / bank statements / time together - with the content the important part) to SEE that the relationship consists of more than "Buffalo sick.....send money quick" and that the motivation for her entering into the marriage was based on more than PURELY financial or SOLELY as a means of entry to the UK.

To address number 3) they require Mr Farang to SHOW that he has a job (or good prospects based on a prior work history) / accomadation available / at least a few quid in the bank - all sufficient to support both of them. AND that she has some idea of what she is going to be doing in the UK and that this appears realistic to the Embassy (i.e. more likely than working in a massage parlour!). In my case I am still working on "not a public menace"

In my case I think 1) and 3) is no problem. (Although I am not exactly comfortable with the idea of her feeling forced to disclose personal stuff about me to show "proof")

2) is more of a problem at the moment - we are already to a large degree like an "old married couple" already, where we tend to argue (discuss!) a lot, (mostly about the same things - including money - and when written in very blunt terms - so I am very reluctant to show these to the Embassy - out of context they do not read well ).

However in order to conduct our relationship in a manner "approved by HMG" we are now also on an exchange of letters each week - whether required by US or not and next visit will be doing a lap of Bangkok armed with a Camera (and self timer!)........I have never been a big one for photos.

[vinny]

See also CHAPTER 13 - SETTLEMENT : FIANCÉ(E)S, SPOUSES, UNMARRIED PARTNERS, in particular:

13.5 Spouses and how they qualify onwards

13.15 Interviewing.

[GU22]

You've about got it in a nutshell, Jersey.

Remember, though, that it is not necessary to disclose the entire contents of the communications between the 2 of you; merely that such communications are/have been taking place. For example, you do not have to print out copies of every e-mail that has passed between you; it is enough to print out the e-mail headers together with a few sample (lovey-dovey ) mails in full taken from various times during the relationship.

[Prakanong2005]

A supplementary question if I may with regards to

"they require Mr Farang to SHOW that he has a job (or good prospects based on a prior work history)"

I am an IT contractor and have been employed constantly over the last 4 year and before that with permie work. I am planning on a longer break with my soon to be wife in Thailand (up to 6 months).

I once previously thought we would have to wait for me to get another job in the UK before she applied for a settlement visa.

From what I understand now I could apply given my work record and showing the particular area I work in is in demand (ie its in a specific industry in a niche area and not just PC or Network support) and I have say circa 15K cash at hand at the bank to support us till I get something I might be OK?

Any views on this?

Of course I would prefer to have a contract to return home to walk right into but that might be tempting the Gods a little even if it has happened after the last two extended visits to Thailand

[the scouser]

Certainly, the visa officer is obliged to take into account, given your professional field, how readily you can find employment, but if at the time of the application you are not seeking work, then such a consideration is redundant. I wouldn't like to bank on £15,000 being deemed sufficient to tide you over, although it would depend for how long.

Scouse.

[Prakanong2005]

Thanks for the update Scouse

I doubt I would ever apply for the SV without a contract or job in the UK other than in exceptional circumstances like her pregnancy and even then I would have enough warning to get my arse back and find a job.

If I do take the 6 months off I will be actively seeking a new contract or permie job after 3 months anyway to accommodate lead times..

[vinny]

Prakanong2005,

Also, for the UK Family Permit too:

In the case of a British citizen returning to the UK, they must be intending to return to the UK to exercise similar rights in the UK. Where no evidence is available of intended employment by the British citizen, you need only be satisfied that British citizen has sufficient resources for himself/herself and his/her family members to avoid becoming a burden on public funds.

[Jersey_UK]

You've about got it in a nutshell, Jersey.

Remember, though, that it is not necessary to disclose the entire contents of the communications between the 2 of you; merely that such communications are/have been taking place. For example, you do not have to print out copies of every e-mail that has passed between you; it is enough to print out the e-mail headers together with a few sample (lovey-dovey ) mails in full taken from various times during the relationship.

GU22

Thanks a lot - and it is a relief not to have to show every E-mail and have a reason not to........"lovey dovey"? I wish

Prakanong2005

I am in a similar position as a Contractor (although not in IT - it is something with demonstrable demand and a very good track record of employment, trips to Thailand also excepting!), FWIW I have decided to have a contract in place WHEN the Spouse Visa application is made, either for something starting after my return to Jersey - or before hand with an unpaid holiday during the contract. (Although I do not need to be in Thailand for the Visa application, I want to be there).

I figure that something firm and in writing is better than a "promise". (probably like you I KNOW 100% that I will have no problem finding work - for me after 7/8 years working on contracts which are effectively on 1 weeks notice it is something I am 100% comfortable with!! - BUT I figure it may not be an employment pattern that easily translates to a Civil Servant which a state sponsored pension as being a "secure source of income"...............and bearing in mind that some other parts of my / our application may not be as strong as I would hope I figure that where I can make things as good / easy as possible for the ECO then it is in my interest to do so).

Vinny

Cheers for the links.

Now to start my folder...........WH Smith here I come!