First Time Uk Visa For Thai Partner - Visitor Or Settlement Visa?

[TCA]

Random question. I'm putting together a couple of explanatory paragraphs about our banking set-up to go with some statements we've had printed in the branch.

Obviously it's my wife who is effectively writing this, so do I write everything in the first person? i.e. my account at XYZ bank and my husband's account at ABC bank.....

Or does it read better to write in the third person. i.e. the account of Mrs X at ........ and the account of Mr Y at.......? Blah blah blah....

All semantics I know, just wondering what's best. If the former, should it also be signed for example?

[TCA]

Can anyone please offer any further guidance with Appendix 2?

1.25 Shared financial responsibilities - what are they and how much do we each contribute?

My wife doesn't work and I pretty much support her and her family, so not much "shared" stuff there. Is this just a "no"?

Similar here:

1.28 Is sponsor responsible for supporting anyone financially? If yes, how much per month?

Is this meaning more like ex-wife/kids maintenance payments? Nothing to do with supporting current family?

Edited April 16, 2013 by TCA

[TCA]

Just adding to my last post and questions there, I read this on the UKBA website:

"share financial responsibilities with your partner, such as a joint mortgage or tenancy agreement, a joint bank account or joint savings, and utility bills in both your names"

Our current tenancy agreement is in both our names and the internet bill in her name only. So given the fact that I pay for everything and the question is how much do we each contribute, should the monthly rent be included in appendix 2 section 1.25?

Edited April 17, 2013 by TCA

[7by7]

I would say put what the actual situation is, with explanatory notes if necessary.

However, I have absolutely no experience of filling this in!

Hopefully Paul or Tony from Thai Visa Express will be along shortly.

[Tony M]

Just adding to my last post and questions there, I read this on the UKBA website:

"share financial responsibilities with your partner, such as a joint mortgage or tenancy agreement, a joint bank account or joint savings, and utility bills in both your names"

Our current tenancy agreement is in both our names and the internet bill in her name only. So given the fact that I pay for everything and the question is how much do we each contribute, should the monthly rent be included in appendix 2 section 1.25?

7x7 is right. Just put the actual financial situation. In all honesty, it's not going to make much, if any, difference to your wife's application. The financial requirement ( the 18,600 GBP threshold), if met, is sufficient. I think the questions are aimed more at establishing whether a relationship is genuine or not than in the actual joint finances. If you put exactly what you have detailed here, then you should be fine. It is not a point on which a visa can be refused anyway.

You are right about Question 1.28. It refers to anyone you support other than your present wife and children.

[TCA]

Great Tony. Thanks again. Almost feel like the finish line for the paperwork is in sight but not unexpectantly have just hit a brick wall re one of our tenancy documents. Here's what we've now got:

Sep 2009 - Sep 2010: An English contract naming both my wife and I as tenants. We have a copy of the housebook and owner's (the husband's) Thai i.d. card. Other proof is internet bills, an invoice for a camera purchase and motorcycle registration and insurance - but all in my name.

Sep 2010 - Apr 2012: This is the problem. The rental agreement was stupidly left with the owners on leaving (although only named me anyway), the property has now been sold and no documents relating to the property have been retained. The Swedish owner's Thai wife actually sold 5/6 of their properties (were in her name) and pocketed the cash. Cue divorce proceedings and neither party willing to sign anything to help us! So we're stuffed.

All we have are photos at the house plus motorcycle insurance papers (in my name) and my driving licence to tie us to this address.

Apr 2012 - Jun 2012: The rental agreement is in both Thai and English, signed by the owner, with my girlfriend named as tenant and me signing as a witness. There is a copy of the owner's housebook (for her own home) but with written confirmation in Thai that our tenanted house was rented. Nothing else but not too concerned as only a short term rental.

Jun 2012 - Jun 2013: Rental contract in English with me and my wife as joint tenants. We have a copy of the housebook and the owner's Thai i.d. card. We have internet bills in my wife's name and bank stuff for both of us at this address but it should be noted that by the time the lease ends, I might have only stayed there for 5.5 months of the 1 year term. The rest spent in the UK.

So my big question is in respect of how we stand now re proving a genuine and subsisting relationship with a huge chunk of our cohabitation since 2009 now unprovable?

Still got plenty photos (mostly from early 2010), a couple of joint flight tickets (2011) and proof of a few calls to Thailand from me in the UK but that's it.

Will the fact that we're now married overcome this?

[7by7]

As she is applying as a spouse the length of your cohabitation is irrelevant.

Indeed, strictly speaking so is the length of your relationship; the only requirement under the rules is that the two of you have met.

From what you have said, I reckon you have more than enough to show a genuine and subsisting relationship.

I understand that this is a worrying and stressful time for you (been there); but, with respect, you really do need to chill a tad!

[TCA]

I understand that this is a worrying and stressful time for you (been there); but, with respect, you really do need to chill a tad!

You're not kidding! LOL. In the final throes of putting together all the paperwork in a nice ringbinder and just trying to dot all the i's and cross all the t's! Sending the lot to Thailand next week and after that it's out of my hands, so just trying to get a sense of whether I've missed anything or the application is lacking anywhere.

Your reply has reassured me though. Thanks. I haven't made the mental leap to husband from unmarried partner, and the fact that the application has changed as such. Chilling will come in due course......

[bobrussell]

If in doubt or if paperwork is unavailable just explain in the covering letter why it is not available. This is perfectly fine for any of the non-critical documents.

You do need to chill (as stated above) or you will be a basket case by the time the application has been processed!

If you are married, you are married!

Officially you don't have to prove much relationship-wise other that the marriage is not 'sham'.

[TCA]

The end is nigh! For our supporting documents folder, as opposed to me! Hallelujah!

Turning my attention now to the online form. How does it work after you actually click "submit"?

1) Can you still log back in and print out the form?

2) Re booking an appointment - I understand only up to 5 days ahead but you can reschedule, right? Given I have to physically send the paperwork from the UK, can I book a date for my wife then keep rescheduling until she receives the docs?

Thanks

[TCA]

To answer my own question above, you have 30 days in which to book an appointment after submitting the online application form. I haven't seen this info anywhere in anything I've read unless I missed it, but it's pretty important for our situation where there'll be a time delay for posting of documents from the UK to Thailand. I also found the online form set-up very confusing in terms of the point at which you couldn't change the form, being able to print it, booking an appointment and logging back in to do any of these things.

I printed at the "review your application" stage and if you want to read through a printed version of your input before no further changes are permitted, then this is when you have to do it. When you're at the stage of printing the actual form itself, it's already too late. There isn't an actual "submit" button but where you key in the applicant name beside today's automatic date, that's the point of no return. All becomes clear after this.

My problem now is that the printed out form doesn't look right. It runs for 13 pages regardless of whether I use headers, footers or nothing. At first go including headers and footers (for page numbers), on the final declaration page the "applicant's signature" and "date signed" boxes run onto different pages. Removing headers and footers improves this but the bar code beneath the "date signed" box still runs onto another page.

Can someone please confirm what the printout should look like or at least how many pages in total? Really want to get this posted on Friday. Thanks.

[TCA]

Can someone please confirm what the printout should look like or at least how many pages in total? Really want to get this posted on Friday. Thanks.

Anybody? I'd rather print this out here (correctly) and post rather than have my wife messing about at a Thai internet cafe and submitting in the wrong format.

[TCA]

Problem solved. The form does not print correctly in Google Chrome but it does in Internet Explorer. At least on this computer. Should be 9 pages all up. Delighted that I sussed this (despite it taking all day) as the thought of my wife struggling with this in some Thai internet cafe doesn't bear thinking about.

[TCA]

I can offer advice about the payment. I would recommend using the bank inside Regent House. They know what the visa fees are, so if you get caught out with a price change they're up to date with it.

Our documents folder is now en route to Thailand so hopefully an appointment at VFS late next week. The wife will be going solo and using the bank in the VFS building. It's a cashier's cheque she needs right? Banker's draft is from a person's own account?

Which bank is it anyway in Regent House?

Edited May 2, 2013 by TCA

[TCA]

I'm delighted to report that my wife's spouse visa arrived yesterday. Application submitted on 10th May - passport returned on 1st June with visa issue date of 28th May. Couldn't be happier and couldn't be more relieved. Seems like a lifetime ago that I started this thread (I got married in the middle of it!) and I'd like to express my sincere thanks to everybody who helped me through the process on this thread and many others where I've chipped in with questions.

Many thanks to theoldgit, bobrussell, liveforever, bifftastic (and anyone else I've missed out) plus special thanks to 7by7 and Tony M & Paul from Thai Visa Express who go out of their way to freely offer their vast expertise to those of us who have never been through this process. Although I had time enough to jump on the learning curve and submit my own application, it could be a daunting task for some (especially for those pushed for time), and in that respect (despite having never even met them), I would have no qualms in recommending Thai Visa Express as agents for any future applicants. It speaks volumes for them that they offer free advice on this forum and I wish them all the best for the future.

Thanks again to all.

TCA

[bifftastic]

Congratulations! Sorry I didn't reply about the bank at Regent House. Seems as though she managed ok though

[TCA]

Now that my wife is actually here in the UK on her spouse visa, for evidenciary purposes I'm making all efforts to get as many documents/bills etc....in both our names. That's got me thinking about the exact requirements for FLR in 33 months time, but after googling for over an hour I can't find anything specific.

Is it the same as for entering the UK then, with none of the new LitUK and language requirements until ILR a further 33 months on?

[7by7]

Although her initial visa is valid for 33 months, she can actually apply for FLR after living in the UK with you for 30 months. The extra 3 months is to give people time to settle their affairs in their home country and move to the UK once the visa has been issued.

Her FLR will be valid for 30 months and she applies for ILR when it expires.

In both cases she can submit her application up to 28 days before the end of the 30 months.

She and you will have to show that the financial requirement is still met; remember the minimum required income and/or savings may have increased by the time she applies for FLR. However, for this, and her ILR, application her income, if any, can be added to yours.

She will again need to submit a valid A1 (or equivalent) English speaking and listening certificate. Check the one she used for the initial visa, some providers certificates are only valid for 2 years. If hers is, then I'm afraid she'll have to take the test again.

She will also need to submit evidence that your marriage is still extant and has been for the 30 months she has been in the UK in the form of

• 6 documents addressed to you both jointly, or
• a combination of documents where some are addressed to you both jointly and some individually; e.g. 4 jointly and two each individually making 8 in total, or
• 12 documents where 6 are addressed to you and 6 to her.

Examples of suitable documents can be found in section 12c of the application form.

See also Applying from inside the UK

Edited July 15, 2013 by 7by7

[TCA]

Thanks 7by7. The A1 level English requirement is the factor that sticks out for me there. Slightly surprised they don't require at least some improvement from the entry requirements. Not complaining though. Having looked at the BULATS test papers from Vantage Siam and the subsequent Cambridge certificate, I don't see any expiry date on either.

[TCA]

Have to say I find the UKBA website (and their forms) an absolute shambles for finding out the simplest of information.

Looking at the guidelines for form FLR(M) it says "If you are applying for an extension of stay (rather than indefinite leave to remain) even though you have completed or are about to complete 2 years permitted stay as the partner of the same person, give the reason in section 4 of the application form and explain in more detail in a letter if necessary. Possible reasons are that you have not yet obtained a relevant qualification demonstrating your knowledge of the English language and life in the UK; or that you prefer to apply for an extension of stay because of personal circumstances to do with your relationship with your partner."

This to me is saying that you could apply for ILR after 2 years if you reach B1 English standard and pass the LitUK test. Not correct though from everything else I've read.

And from here http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/spouses_civil_partners/

Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom

287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or..........................

(ii) the applicant is still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join and the marriage or civil partnership is subsisting; and

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

(vii) the applicant does not fall for refusal under the general grounds for refusal.

No idea what the 27 month thing is all about but that above reads to me like someone could apply for ILR without first applying for FLR. Again this seems contrary to the basic rule "Once you have completed 5 years in the UK, as the partner of someone who is a British citizen or settled in the UK, you can apply to settle here. This is known as 'indefinite leave to remain'."

A minefield of confusing information. Lucky that people like me have informed Thaivisa posters to keep them right!

From the approved list of English tests it looks like certificated online BULATS is only valid for 2 years, which means another test for the wife. She'll be delighted with that!

Edited July 16, 2013 by TCA

[7by7]

Unfortunately the site can be very confusing if you don't now where to look; and even if you do!

Much of the information on the UKBA site still applies to people who come under the old rules; i.e. applied for their initial visa prior to 19/7/12. The parts you quote do so.

To be fair, anyone applying for FLR or ILR now would come under the old rules; unless they applied for a fiancé visa after 19/7/12 and are now applying for FLR after the marriage.

People who applied for their initial visa on or after 19/7/12 are currently covered by Transitional provisions and interaction between Part 8 and Appendix FM in the rules.

[TCA]

To be fair, anyone applying for FLR or ILR now would come under the old rules.

True, I'll concede that, and that's probably why the info for those in my situation is harder to get at. Although it shouldn't be. I think their site needs simplified via an overhaul and restructure. I seem to go round in circles reading the same links which never take me to the info I need, or lead to more suitably vague pages.

Anyway, thanks for clarifying the FLR requirements. Having been through the visa process once with hindsight highlighting our lack of appropriate documents, I'm making sure we're better prepared this time.

[Rob180]

Thanks Tony. That gives me some encouragement. We'll continue putting the documents together and reassess when the picture is more complete.

Just one question on the marriage front. If for the sake of getting an application underway (and avoiding a lot of expense in one go), we tie the knot at the amphur and forego any wedding parties, ceremonies etc....for the timebeing at least, would this count against our application do you think?

Reading the link you posted about "weddings" guidelines for ECOs, mentioning the word "sham" re no family or friends in attendance, has got me thinking.

If if I do this it would probably be a trip to Bangkok with Embassy, translator and legalisation one day, then Bang Rak amphur the next!

Sounds like a nightmare, I'm glad you seem to have sorted some of it!

Edited July 23, 2013 by Rob180

[TCA]

Sorted it all Rob. The marriage bit was the easy part. Spouse visa was issued 3 weeks after application. My last couple of recent questions are just preparation so I don't get caught short next time round!

[apiwan]

Sorted it all Rob. The marriage bit was the easy part. Spouse visa was issued 3 weeks after application. My last couple of recent questions are just preparation so I don't get caught short next time round!

well done mate

[bobrussell]

Well done!

My advice would be to aim for B1 and passing the LitUK test so it is out of the way. It will then not be necessary to repeat the A1!

It really is worth looking at ESOL courses as soon as your partner can face it! They can be expensive for new arrivals though as they seem to be charged at international rates.

Moving forward with new skills always seems more positive than treading water! Improved English skills will make someone more employable and makes it much easier to get the most out of the UK!

[jimn]

Sorted it all Rob. The marriage bit was the easy part. Spouse visa was issued 3 weeks after application. My last couple of recent questions are just preparation so I don't get caught short next time round!

well done mate

apiwan

Very strange responding to a post nearly a year old???

[apiwan]

Sorted it all Rob. The marriage bit was the easy part. Spouse visa was issued 3 weeks after application. My last couple of recent questions are just preparation so I don't get caught short next time round!

well done mate

apiwan

Very strange responding to a post nearly a year old???

I was going through old posts related to visas and settlement etc etc

Trying to get as much information on the subject.

Saw the guy got his visa so said we'll done.

Didn't look at the date.

Sent from my SM-N9005 using Thaivisa Connect Thailand mobile app

[jimn]

Ha good on you. Have to be careful with looking at info on old posts though. Requirements may have changed, process may have changed etc. Always best to check pinned topics for latest information.

[TCA]

Sorted it all Rob. The marriage bit was the easy part. Spouse visa was issued 3 weeks after application. My last couple of recent questions are just preparation so I don't get caught short next time round!

well done mate

apiwan

Very strange responding to a post nearly a year old???

I was going through old posts related to visas and settlement etc etc

Trying to get as much information on the subject.

Saw the guy got his visa so said we'll done.

Didn't look at the date.

Sent from my SM-N9005 using Thaivisa Connect Thailand mobile app

Thanks for your congratulations anyway. I'm still peeking at the forum now and then, just to keep up with all things settlement visa related. Thankfully FLR is still over a year away!