UK Settlement Visas, name changes, English Tests etc

[Rob180]

Having spent umpteen hours trying to decipher probably one of the worst and most incomprehensible websites in existence, that of the UKBA, I think I have reached some conclusions about what is actually required for a UK Settlement Visa. However, there are some questions which the UKBA website does not explain. If anyone here can answer them I would be most grateful and it will also save other people from wasting countless hours trying to decipher something that appears to have been designed to be indecipherable!

ENGLISH TESTS

The UKBA site states the applicant must achieve A1/ESOL level in English and lists the acceptable qualifications.

It does NOT explain that applicants will be tested on reading and writing as well as speaking and listening. It also does not explain that if the applicant cannot read or write one word, it will have zero bearing on whether they meet the requirement for a Visa as apparently the reading and writing test result is NOT taken into account.

It also provides NO information about where the approved TEST CENTRES are and what, if any, differences there are between them.

I know Vantage Siam, BK, is one and that they do the BULATS TEST, but as this is designed for business and the test is done on computers, is this not just going to be harder for the applicant? Where are the other centres located and which would be the most straight-forward?

GENUINE and SUBSISTING RELATIONSHIP

There is no indication on the UKBA website of what they consider to be long enough to prove the relationship is 'genuine and subsisting'. I have heard of people on various forums obtaining settlement visas after 6 months. Would this be a minimum length of time, with possibly 9-12 months or even longer being more likely to be successful?

DOCUMENTS of APPLICANT

If the applicant has been recently married, for the Visa application do all required documents such as Passport, English Test certificate, TB Test, ID Card, House Book etc have to be in their new MARRIED NAME or can everything be done in their maiden name? If the answer is either is acceptable, would it be best just to get all documents changed to their married name before the Visa application to keep things as simple as possible?

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Many thanks for any advice anyone can provide.

Cheers.

Edited June 16, 2013 by Rob180

[7by7]

It seems that you have been reading the wrong part of the website; the English requirement you refer to is that for Indefinite Leave to Remain, which is applied for after the person has lived in the UK for 5 years.

The requirement for the initial visa is much simpler and is just for speaking and listening.

Unfortunately, all the test providers in Thailand require candidates to take reading and writing as well; but the Entry Clearance Section at the Bangkok embassy have confirmed that it does not matter what someone scores in reading and writing, as long as they have passed speaking and listening.

There is no minimum time limit that a couple must have known each other for; the only requirement under the rules is that they have met.

There is no requirement under UK law for a wife to take her husband's name upon marriage.

The application should be made using the same name as that in the applicant's passport. If that has been chamged to the applicant's married name yet other documents are in her maiden name then the marriage certificate will show the link.

You may find UK Settlement Visa Basics helpful.

[Rob180]

Thanks 7by7........yes I understand only speaking and listening results matter, but do you know if there's differences in the tests between centres, such as between BULATS and the others? Do you know where the other approved centres in BK are apart from Vantage Siam? The BULATS testing looks unnecessarily complicated to me, eg with questions about arranging business meetings and conferences which also appear to have to be read in English on a computer!

I also do not understand why the UKBA cannot at least provide a list of test centres which they approve as they are not willing to accept any others! Considering there probably only is a few in BK it makes no sense to me.

It's interesting you say there is no time limit a couple must have known each other because that appears to be a contradiction of their own rules, because a genuine and subsisting relationship could not be evidenced (the way they want it evidenced) in a week or a month and probably not even in 3 or 4 months, hence is it not the case that they would refuse a Visa after short time spans? I'm not concerned about this on a personal level because in my own case we will have known each other over 9 months, but I do wonder if the UKBA actually have an unwritten rule on length of relationships, or am I being too cynical !?

Cheers

[toddmeister]

Do you know where the other approved centres in BK are apart from Vantage Siam? The BULATS testing looks unnecessarily complicated to me, eg with questions about arranging business meetings and conferences which also appear to have to be read in English on a computer!

There are only 3 tests from the approved list available in Thailand. There is not a specific speaking & listening only test available. So whichever test your wife goes for, there will be reading and writing involved. Not ideal, but no way around it. It may look daunting, but the BULATS is probably the most common & "easy" of the available tests. It's been a couple of years since my wife did hers, but she had no problems with the BULATS and she has "limited" education.

I believe the only tests available in Thailand now are:-

BULATS via Vantage Siam in Bangkok

Pearson also in Bangkok

TOEIC available in Bangkok and Chiang Mai

[7by7]

It's interesting you say there is no time limit a couple must have known each other because that appears to be a contradiction of their own rules, because a genuine and subsisting relationship could not be evidenced (the way they want it evidenced) in a week or a month and probably not even in 3 or 4 months, hence is it not the case that they would refuse a Visa after short time spans? I'm not concerned about this on a personal level because in my own case we will have known each other over 9 months, but I do wonder if the UKBA actually have an unwritten rule on length of relationships, or am I being too cynical !?

The ECO has to judge that the relationship is genuine and subsisting. This is the guidance issued to aid them in making that decision; though it is only guidance and you will see that it stresses each case must be judged on it's own merits.

Note, too, that it used to judge not only applications for the initial visa (leave to enter0 but also applications for leave to remain in the UK. So some aspects of the guidance would not be possible for a couple who have been living apart.

Obviously, the longer the relationship the easier it will be to show that it is genuine and subsisting; but there is no set minimum limit.

There is a definite requirement in the immigration rules for those applying for leave to enter as an unmarried or same sex partner. Applicant and sponsor must have been living together outside the UK in a relationship akin to marriage for at least the 2 years prior to applying.

[Rob180]

Thanks Todd for the test info and 7by7..... ...very helpful information! Those guidance notes you provided the link to 7by7 are very interesting because it's an insight into what they really want as opposed to the vague incomplete twaddle that's on the UKBA website!

Edited June 17, 2013 by Rob180

[Rob180]

It seems that you have been reading the wrong part of the website; the English requirement you refer to is that for Indefinite Leave to Remain, which is applied for after the person has lived in the UK for 5 years.

The requirement for the initial visa is much simpler and is just for speaking and listening.

Unfortunately, all the test providers in Thailand require candidates to take reading and writing as well; but the Entry Clearance Section at the Bangkok embassy have confirmed that it does not matter what someone scores in reading and writing, as long as they have passed speaking and listening.

There is no minimum time limit that a couple must have known each other for; the only requirement under the rules is that they have met.

There is no requirement under UK law for a wife to take her husband's name upon marriage.

The application should be made using the same name as that in the applicant's passport. If that has been chamged to the applicant's married name yet other documents are in her maiden name then the marriage certificate will show the link.

You may find UK Settlement Visa Basics helpful.

7by7, my fiancees Visa application will probably be submitted about 3 months after we are legally married in Thailand. At the moment she requires a new passport (old one lost). I was thinking if she got one before we get married, it would have to be changed to her married name after the legal wedding, but if there is no requirement under UK law as you say for someone to change their name, does this mean we would be better getting her a new passport in her own name then keeping it and all the other documents such as English certificate,TB certificate and Thai ID card in her maiden name as well? That would be so much easier than having to get everything changed before the Visa application is submitted.

Will the UKBA definitely accept the Settlement Visa application with everything in her maiden name, even although we will be legally married by then?

My fiancée needs a passport of course to be able to sit the English Test then later on the TB examination, so if we could start things moving without worrying about whether names would need changed later that would definitely make everything far less complicated!

Many thanks for your help with all this!

[7by7]

As I said, there is no compulsion under UK law for a woman to take her husband's name upon marriage. I understand that Thai law is now the same.

Therefore there will be no problem if all her documents, including her passport, are in her maiden name. The marriage certificate will show that she is your wife.

Or even a mix. My wife changed her ID card immediately after we were married, but didn't change her passport until she came to renew it about 4 years later.

Indeed, a person in the UK can use two, or more, names; as long as there is no intention to deceive. For a short period my wife had a Thai passport in her maiden name and a British passport in her married one!

[Rob180]

Thanks again 7by7, that's good to know, so really it's going to save a lot of trouble just keeping everything in her maiden name until whenever she chooses to change it. That definitely makes things simpler for us!!

cheers!

[toddmeister]

my fiancees Visa application will probably be submitted about 3 months after we are legally married in Thailand. At the moment she requires a new passport (old one lost). I was thinking if she got one before we get married, it would have to be changed to her married name after the legal wedding

That would be so much easier than having to get everything changed before the Visa application is submitted

If she has 3 months to sort it before you make the applciation, why not just wait to apply for a new passport in her married name?

It's not hard to change those things very quickly. 3 months is certainly enough to get it all done. She can change her name/ID card immediately if you are marrying at her local amphur where she is registered? That's what my wife did. She then applied for a new passport in our married name, which she received within a week as she lived outside of Bangkok. Even quicker if your wife is based in Bangkok.

The tb certificate will have to match the name on the passport used for the visa application, but not the English test. My wife did her English test before we were married, so her certifcates are in her maiden name. I clarified this in the application just to avoid any confusion. Her tb test was done after so they are in her married name, as is her ID card & new passport. We also changed her tabien baan to her married name. This was also done at the same time when she changed her name and ID card immediately after we married.

Personally, with 3 months before making the application, I would sort it all out to save having to do it later. That is of course if she is going to take your surname

[markie53]

Slightly off topic as usual for me - I'm much in same boat but we opted to keep my wife's maiden name however her bank account and other papers are still addressed to "miss" Will this have an impact on her next visa application???

[theoldgit]

Slightly off topic as usual for me - I'm much in same boat but we opted to keep my wife's maiden name however her bank account and other papers are still addressed to "miss" Will this have an impact on her next visa application???

No problem, the marriage certificate overides everything, she could even have a passport in her maiden name.

[markie53]

Slightly off topic as usual for me - I'm much in same boat but we opted to keep my wife's maiden name however her bank account and other papers are still addressed to "miss" Will this have an impact on her next visa application???

No problem, the marriage certificate overides everything, she could even have a passport in her maiden name.

Thanks Oldgit - good to hear

[Rob180]

Does anyone know if the Ministry of Foreign Affairs in BK is open at weekends? It says on their website that it's open 7 days a week, is that correct?

Also if anyone can help.........is the Affirmation to Marry form a particular document that needs to be obtained at the Embassy or can you prepare one yourself? Just wondered as I saw one online which appeared to have been prepared by the applicant/sponsor themselves.

[7by7]

I don't know the opening hours of the MFA in full; I've always gone on a weekday. But if it says on their website that they're open 7 days a week then, apart from public holidays, I suspect that they are. Why not phone and check?

You prepare your own AFM, but it must be in the same format as the example.

[Rob180]

Thanks 7by7...............that document looks very straightforward thankfully!

[Rob180]

Wherever I saw that M.of Foreign Affairs was open weekends seems to have been wrong, because in the BK Post it says Mon-Fri only and on the MFA website I can't see opening times anywhere! Looks like a phone call is required as you suggested 7by7.

cheers

Edited June 30, 2013 by Rob180

[Rob180]

my fiancees Visa application will probably be submitted about 3 months after we are legally married in Thailand. At the moment she requires a new passport (old one lost). I was thinking if she got one before we get married, it would have to be changed to her married name after the legal wedding

That would be so much easier than having to get everything changed before the Visa application is submitted

If she has 3 months to sort it before you make the applciation, why not just wait to apply for a new passport in her married name?

It's not hard to change those things very quickly. 3 months is certainly enough to get it all done. She can change her name/ID card immediately if you are marrying at her local amphur where she is registered? That's what my wife did. She then applied for a new passport in our married name, which she received within a week as she lived outside of Bangkok. Even quicker if your wife is based in Bangkok.

The tb certificate will have to match the name on the passport used for the visa application, but not the English test. My wife did her English test before we were married, so her certifcates are in her maiden name. I clarified this in the application just to avoid any confusion. Her tb test was done after so they are in her married name, as is her ID card & new passport. We also changed her tabien baan to her married name. This was also done at the same time when she changed her name and ID card immediately after we married.

Personally, with 3 months before making the application, I would sort it all out to save having to do it later. That is of course if she is going to take your surname

[Rob180]

my fiancees Visa application will probably be submitted about 3 months after we are legally married in Thailand. At the moment she requires a new passport (old one lost). I was thinking if she got one before we get married, it would have to be changed to her married name after the legal wedding

That would be so much easier than having to get everything changed before the Visa application is submitted

If she has 3 months to sort it before you make the applciation, why not just wait to apply for a new passport in her married name?

It's not hard to change those things very quickly. 3 months is certainly enough to get it all done. She can change her name/ID card immediately if you are marrying at her local amphur where she is registered? That's what my wife did. She then applied for a new passport in our married name, which she received within a week as she lived outside of Bangkok. Even quicker if your wife is based in Bangkok.

The tb certificate will have to match the name on the passport used for the visa application, but not the English test. My wife did her English test before we were married, so her certifcates are in her maiden name. I clarified this in the application just to avoid any confusion. Her tb test was done after so they are in her married name, as is her ID card & new passport. We also changed her tabien baan to her married name. This was also done at the same time when she changed her name and ID card immediately after we married.

Personally, with 3 months before making the application, I would sort it all out to save having to do it later. That is of course if she is going to take your surname

[Rob180]

The above post says the TB certificate must be in the same name as the passport, but others say it can be in the maiden name as the marriage certificate will link it to the same person if her name has already been changed following marriage? Which is correct?

My fiancee's English and TB certificates are both going to be in her maiden name, but her passport, house book and ID card will show her married name. Will this be ok for the Spouse Visa application?

Thanks.