visa after marriage

[dixy1964]

I am marrying my gf next month and she will return to Thailand on 1st September, can anyone tell me what type of visa she will need to apply for to come back to England and settle here?. I have read about leave to remain and indefinite leave to remain but I am not sure about the differences. also can she work when she comes back to England if she gets her visa?

many thanks

[7by7]

If you are married then she applies as your spouse.

Have a read of UK Settlement Visa Basics.

Then come back and ask any further questions.

What type of UK visa does she currently hold?

If she is in the UK as a visitor then she will have to return to Thailand and apply there. But if she is in the UK as a student or worker then she may be able to apply in the UK.

[7by7]

Sorry, forgot your last question.

Yes, as a spouse she can work.

Unfortunately, though, any potential income she may have in the UK cannot be used towards the financial requirement.

[MrZM]

I'm slightly confused.

I assume you are both in the UK. So therefore if you are marrying her in the UK, I would then assume your wife is on a Fiancé visa, therefore she wouldn't have to return to Thailand and you can apply for FLR in the UK.

If your girlfriend is on a tourist visa, I don't believe you are able to get married in the UK.

[7by7]

Visitors can get married in the UK, but cannot then apply for settlement whilst in the UK. If they want to live in the UK after the marriage they have to return to their home country and apply there.

[dixy1964]

If you are married then she applies as your spouse.

Have a read of UK Settlement Visa Basics.

Then come back and ask any further questions.

What type of UK visa does she currently hold?

If she is in the UK as a visitor then she will have to return to Thailand and apply there. But if she is in the UK as a student or worker then she may be able to apply in the UK.

she is here on a special marriage visitor visa

[7by7]

Then she will need to return to Thailand and apply there.

[MrZM]

What is a special marriage visitors visa?

[MrZM]

I've read what it is.

Would have made more sense for you to have obtained a Fiancee visa originally, then you could have applied further in the UK.

[7by7]

Not necessarily.

A fiancé visa is a type of settlement visa, so the OP would have needed to satisfy the financial requirements and his girlfriend would have needed to satisfy the English requirement and have a TB certificate.

None of which is needed for a marriage visit visa.

We don't know their circumstances, so saying which course of action would have been better is just speculation.

The point is moot, anyway.

Edited July 18, 2013 by 7by7

[MrZM]

Not necessarily.

A fiancé visa is a type of settlement visa, so the OP would have needed to satisfy the financial requirements and his girlfriend would have needed to satisfy the English requirement and have a TB certificate.

None of which is needed for a marriage visit visa.

We don't know their circumstances, so saying which course of action would have been better is just speculation.

The point is moot, anyway.

Of which all of the above has to be met anyway for a spouse visa regardless.

What's your point?

[wooloomooloo]

What's done is done, MrZM, so why the argument.

The OP has set his path and seeks guidance from where to go from hereon in.

[7by7]

Indeed, wooloomooloo.

MrZM,

1. There may be many reasons why the OP and his girlfriend chose the route they did. The obvious one being that he didn't meet the financial requirements then, but after 6 months back in the UK does now; or will do when his now wife returns to Thailand to apply. None of our business, though; unless he wishes to tell us.
2. As I said, the point is moot. This is the course of action they have taken. Despite your total ignorance of the reasons for the choices he has made you belittle him for making them. I prefer to offer him what advice I can on how to proceed from here.