Hi everybody,

I got married in UK, applied for a spouse visa last year in Thailand,and got refusal mainly because of the maintenance problem:she has only about £5000/per annum salary+overdrafts+Iam jobless as the ECO noticed.I appealed and my hearing date is next july.Since the financial situation has not improved,we fear that we may not win the appeal.In case we lose it I intend to go to another country to work and apply from there for my spouse visa.My question:

Would the British consulate in that foreign country take my application or I must stay and reapply in my home country?

Many thanks

If you spouse moved to work in another EU country, then you can apply to join her there as an EEA family member. After she had worked there for more than six months, if she wishes to move back to the UK, you have a choice of applying for a UK family permit or spouse settlement visa from there. It may be easier to apply for the former. However, in both cases, you would still have to show that the British citizen has sufficient resources for herself and her family members to avoid becoming a burden on public funds.

If you went to live and work in another country, and was not just a tourist there, then the British Embassy or consulate in that foreign country should take your spouse visa application.

I have two different experiences of this:

When my wife appliedd to the British Embassy in Singapore (where we were both living and working legally and both holding valid employment passess). The embassy refused our application on the grounds that my wife had not been in Singapore for more then one full year (She had been in Singapore 11 months at the time of the application!).

My wife returned to BKK and submitted what was sucessful aplication in BKK.

Within one year of moving to the UK we moved again to Italy.

So we are now in Italy and may be applying here at the British Embassy in Rome some time later this year for a second Spouses Visa, the first will expire in July of this year. I have made enquiries and have already been informed that the British Embassy will accept my wife's application provided she has her Italian Residence permit. (She has this ducument and therefore can apply here).

Had she not she would have to return once again the BKK.

So. If you are going to live elsewhere then I suggest that you make sure your wife receives a full resident's permit and that you speak to the local embassy to get the EXACT requirements with respect to your wife being elligable to apply locally.

My own view is that it is probably easier if you simply find a job in hte UK and work at meeting the UK requirements.

See also: 8.1 - To which Post should an applicant apply