Thai Marrying To Eu (non Uk) Citizen In The Uk

[ayalgueru]

My thai girlriend will come to the uk on a student visa , she will be arriving in august.

the situation is the following I am a EU citizen (spain) so if things go well I will ask her to marry me at some point. What would the situation be in terms of her living and working here (in the uk) after getting married ? I know it is a bit of a specialist question ! I

Alternatively we could go and live in spain for some time so she could become fully spanish EU citizen but that would be very disruptive to my career and I do not think that would be a realistic option.

I have been in britain for well over 6 years in britain so I think I could apply for a british passport if need be. That wuld not bother me at all since I love the country but I would lib to avoid the expenses and the hassle of all the papers.

It is a bit early days for this question but I would like to know where we stand I guess

Any advice welcome.

regards

[GU22]

From Marrying in the UK - Frequently Asked Questions

From 5 December 2005, if you are subject to immigration control and you want to marry or register a civil partnership in the United Kingdom (UK) you will need to follow the procedures below. You must either:

hold a fiancé(e) or visitor - marriage / civil partnership entry clearance (visa), or

hold a Home Office certificate of approval*, or

be settled in the UK (e.g. indefinite leave to remain)

So if she were here as a student she would need a Home Office certificate of approval.

How much does it cost to apply for a certificate of approval?

The fee is currently £135 for each person who applies. You should allow 3 months for your application to be decided, but 70% of applications are decided within 3 weeks.

The certificate of approval does not allow visa nationals to remain in the UK, only to marry. She would still need to apply to the Home Office to switch her student visa.

As you are an EU national, your wife would be entitled to an EEA family permit.

See Guidance - EEA & Swiss nationals (INF 18)

Can my family join me in the UK?

Yes. If you have the right to live in the UK your family can join you.

Under European Community law, your family includes:

your husband or wife

your husband's or wife's children or grandchildren (if they are under 21 years of age or if they are over 21 and are dependent on you), and

dependent relatives, for example your husband's or wife's parents or grandparents.

If you are a student, only your husband or wife and your dependent children can join you.

An unmarried partner is not eligible for an EEA family permit. For advice on visas for unmarried partners, see our Husbands, wives and partners (INF 4) guidance.

This permit is your right under various European treaties. They are usually issued on the documentary evidence alone, with no interview. And it's free! But if you married in the UK she would still need a certificate of approval, cost £135.

I am not suggesting that you marry her just to get her a visa, as you say she's coming as a student anyway. However if you both decide that you do want to marry and settle in the UK it would be a lot easier, and considerably cheaper, to do so in Thailand and then apply for an EEA family permit from the British embassy in Bangkok.

[the scouser]

In terms of work, your girlfriend can work part time whilst in the UK as a student, but it should be incidental to her studies. Once you're married your then wife will be able to work full time in any job of her choosing.

With regard to your own position, if you have not done so already, you might wish to apply for a residence document. There is no compulsion for you to do so, but it is the easiest way for your to establish that you are an EU national exercising your treaty rights in the UK. Again, you should apply to the Home Office and, again, it is free.

With regard to naturalisation as a British citizen, you must have held indefinite leave to remain (ILR) in the UK for one year before you can apply. In order to qualify for ILR you must be able to demonstrate to the Home Office that you've been in the UK exercising a treaty right for the immediately preceding 4 years. Usually a P60 for each of the 4 years is acceptable evidence.

Cheers,

Scouse.

[vinny]

If you had Indefinite Leave to Remain (ILR) in the UK, then, after marriage, your wife has a choice of being under the EEA regulations or the immigration rules. In the latter case, see Spouses and how they qualify. However, as GU22 has stated, under the EEA regulations, the procedure is easier and free. But it would take longer for her to obtain ILR. In both cases, as Scouse had stated, your wife would be entitled to work.

Under EEA regulations, if you get married in the UK, then your wife may apply for a residence document confirming her right of residence, that will be line with yours. See European Directorate Instructions, CHAPTER 2 RESIDENCE DOCUMENTS (NON-EEA FAMILY MEMBERS OF EEA NATIONALS). Else, if you get married outside the UK, or if she leaves the UK without a residence document, then your wife must apply for the EEA family permit in order to return to the UK.

[ayalgueru]

Guys , that is all very good and very useful.

I think i will be getting my ILR as a first step that can do no harm and I will take it from there !

Not sure if I can find the P60 I am a disaster for papers ... but I have been working for the same company for 4 years and have had a permanent national insurance number for longer than that and have been in full time employment for about 5 years as well , since I finished University so it should be possible for me to prove I have been here exercising my treaty rights and livinbg in the uk for 4 years ,,, ... ,,, My company pay roll or the bank where I get my salay paid into could probably help !

thanks again...