Another Complicated Vv To Uk Situation!

[benjy_a]

Hi, I would really appreciate some advice on my situation...

I have a very secure job in the UK but I am currently on a career break and have been travelling for the last 10 months. I met my Thai girlfriend 8/9 months ago when I was first in Thailand at a resort where I stayed and we remained in close touch while I went to Australia for 4 months. I also visited her again for 2 weeks in December. In February I returned to Thailand and we have been living together since then....

My girfriend has previously travelled to the UK on a VV and then again on a fiance visa with an ex from years ago but things didn't work out and so she returned to Thailand. She did not overstay either VISA. We recently planned to travel to Switzerland together to go skiing and she was granted a visa in her passport to go there although we didn't go in the end due to financial constraints.

My girlfriend is not working at the moment but is training full time to be a Divemaster

and will complete this course within about another 2 months. She will easily get a well paid job upon finishing and will be very employable as an English speaking Thai Divemaster. She should also be able to get a letter promising her a job on her return.

She is living on dwindling savings at the moment while she does the diving course - she owns land in her home town and supports her younger brother at college (he has 1 more year to go).

We have both decided that we want to go to the UK together so that she can meet my family and friends so we want to apply for a visitors visa. We will be wanting to travel probably in November or December so she will have a good job by then. The idea is to see whether we can live and still be good together in the UK and start to think about moving from that to a settlement visa in the future.

The issue is this: I will be sponsoring her stay in the UK as she will have no savings left by the time we go...(we want to get a 6 month visa) I have been living on savings and rental income from a UK property for my entire time travelling so I will have very little money left as well!!

But....I own my house in the UK which we can live in....also I will be going back to work and will be able to show written proof of my salary and starting date from my employer when I go back from my career break.

The question is will that be enough evidence to be able to prove that I can support her financially for up to 6 months or should I be trying to get more help from my family?

Thanks in advance!!!

B.

[the scouser]

Hi Benjy,

That your girlfriend has previously travelled to the UK and complied with her conditions of stay is a plus point, but is somewhat muddied by the fact that she was sponsored by someone else. It is possible that the visa officer might conclude that she's intent on finding a farang boyfriend as a means of getting out of Thailand.

The job in hand, therefore, is to assuage any doubts the visa officer has. To this end, your girlfriend having professional qualifications, a good job, and evidence that it will be open to her on her return is beneficial. However, as you wish to visit for 6 months, you will have to convince the visa officer that she does, indeed, have employment to return to. Have you thought about limiting the visit to 2-3 months?

With regard to your own circumstances, the visa officer won't expect to see massive amounts of cash in the bank, and that you have a steady income and sufficient accommodation should be enough to satisfy that particular requirement.

Cheers,

Scouse.

[benjy_a]

Thanks for the quick response!

The situation with her ex is actually the total opposite to her attempting to get into the country no matter what....he cheated on her and she found out...they split up and she came back to Thailand from her own choice.

He actually proposed to her to try and redeem himself and she said no....incidentally he is quite a rich man and she still refused to marry him. She is still in contact with him by email....he obviously still cares about her (she has shown me the emails that he has sent because she wants me to trust her).

Would it help to get a letter from him stating that they split fairly amicably and that they are still in touch with each other....no hard feelings etc??

We want a 6 month visa so that she has time to setle down and for us to really know if we can be together in the UK long term...

My gf actually owns a house given to her by her mother but at the moment it is in her grandfathers name (as gf was unable to get to the solicitors when the papers where being done due to being miles away with me) so grandfather did it as a favour. Would it be a good idea to have the house transferred to her now and would that give more reason for her to come back?

Thanks,

Ben.

Edited June 5, 2006 by benjy_a

[the scouser]

Ben,

Having the house put in your girlfriend's name now is a double-edged sword. Yes, it would give her more reason to return, but the visa officer might decide that the timing is solely for the purposes of bolstering her visa application.

You would need to thoroughly explain in your covering letter all of the circumstances, including what happened with the ex-boyfriend. I wouldn't go so far as getting a letter from him, though. If the visa officer becomes aware that he still burns a candle for her, then s/he might think she's going to run off back to him.

Scouse.

[benjy_a]

Well...do you really think the timing on the house paperwork is an issue? We are trying to sort everything out now for a visa application in September/October I would have hoped that would be long enough?

We will take your advice on the letter from ex-bf issue. ..although surely they could see that if she still wanted to be with him she would be?? They were together 4.5 years ago!!

Thanks again for the advice,

B.

[the scouser]

Whether you wish to follow my advice is, of course, up to you. I'm trying to demonstrate how the "facts" of an application can be manipulated to fit in with the visa officer's preconceived thoughts, and how you have to address them.

It is perfectly possible that the visa officer won't think twice about your g/f only having now put the house in her name, but, if he's looking to refuse the application, this could be additional grist to the mill.

Therefore, don't leave anything to chance, thinking that the visa officer will see things from your perspective, rather state in your covering letter, for example, that your g/f's previous relationship finished 4.5 years ago and that she has no intention of resuming it etc.

Cheers,

Scouse.

[benjy_a]

I of course intend to take your advice....no point asking for it otherwise

So in your opinion...taking into account the length of time between now and visa application would you think it more or less advantageous to show the house in her name? We could get a letter from the mother explaining what the situation is (although that would have to be in Thai).

Thanks,

B.

[the scouser]

On balance, I'd say it's better to have the property in your girlfriend's name. You should then state in your covering letter when it was given to her, explaining the reason why she has only recently been added to the land deeds.

Cheers,

Scouse.

[benjy_a]

Ok I have spent a long time reading this wonderful forum and that has generated a few more questions....

1) Is a VV valid for 6 months irrespective of the length of time you ask for in the application? (i.e. if I asked for 4 months to sound more reasonable could she then stay for 6 anyway?) ......or am I better being completely honest and just say that we are very serious about each other and want the maximum amount of time togther that we can get to decide if we want to take things further?

2) We will be sending the application off together...should there be a covering letter from the two of us together, or two seperate letters? It will be obvious that I will have written her letter for her or helped her a lot with it anyway (as her written English is ok but not brilliant). Also if there are 2 letters much of the information is just going to be duplicated (like where/when we met.... relationship history..... living together etc..)

3) If I am sending copies of my passport with the application do those need to be attested by a solicitor?

Thank you,

B.

[the scouser]

Ben,

1. Generally speaking, visit visas are of 6 months duration irrespective of the length of stated visit. However, in some 50/50 situations, the embassy might limit the visa to what has been asked for. Should your g/f say she's staying 2 months and be given a visa valid for 6 months, then she is entitled to stay in the UK for 6 months. However, should she then apply for a subsequent visit visa, she would have some explaining to do to the visa officer.

2. Just a covering letter from you will suffice.

3. No, although some people have it done just to be on the safe side.

Cheers,

Scouse.

[benjy_a]

Thanks for all your help Scouse,

Another thing I'm a bit confused about is how much to say regarding the reason for the visit...(sorry for the multitude of questions I'm sure I'm boring you by now).

The absolute truth is as follows:

Reasons for visit – We have already become very close and in love (ahhhhh), had contemplated applying for settlement visa but decided that we are not ready for that yet and it would be better to initially get VV so that gf can meet family/friends….make sure that she likes living in UK etc. If things don’t work out in UK…I can apply for a job in Thailand (I am a diving instructor as well as having my professional career in UK)…she has job she can go back to….we can work and live together in TL. I would be willing to leave my career in UK and move to TL for us to remain together.

In any case -at the end of the 6 month visa I would return to TL with her by which time we will know whether we want to apply for settlement in UK, or spend more time together in TL and apply for another VV....or whatever!

Is this too vague, or too much information....do you think these reasons and circumstances will be looked upon favourably?

Thanks again........................

B.

[the scouser]

I think that more than adequately explains the purpose of the visit and your longer term intentions. It doesn't matter if it comes over as a bit Mills and Boon, as long as it expresses your beliefs.

Whether the visa is granted will depend upon your girlfriend's circumstances in the round.

Scouse.