French citizen + Thai girlfriend moving to UK

[toonsai]

Dear All, I appreciate the information and help provided here. I would need some advices on my situation.

I am a French citizen and I will relocate in the coming 2 months from Thailand to the UK (London) for a new job. My daughter (French) and my girfriend (Thai) will relocate with me.

I live with my girlfriend for several years but we are not married. I looked at several websites and several visa options available. My initial thought is to apply for a "Settlement - Unmarried Partner" visa. Is this the best option?

We do not have yet an address in the UK. I will need to find a new home after my arrival there. What address shall I mention on my application? My employer?

What kind of evidences do I need to produce to show that my girlfriend and I been living together?

Any other important I would be missing?

Thanks in advance for your help.

[casualbiker]

this will be an interesting one. A NON UK CITIZEN getting a settlement visa for uk..

[Finlaco]

Any other important I would be missing?

dont forget to mention the university graduated from and current occupation of your long term girlfriend

will she be taking a long term leave of absence from her current employer or transferring to their UK subsidiary?

[howerde]

Family permit using eea route seems to be the way to go, as you are not married you will need to show 2 years durable relationship that is you have been living together,, ie tenancy etc c https://www.gov.uk/browse/visas-immigration/eu-eea-commonwealth, just look border agency website, have a look fairly simple, as an EEA national you have a right to enter for 3 months before you need to exercise treaty rights, and that includes you family, though it is easier if you are married. https://www.gov.uk/apply-for-a-uk-residence-card.

I am not 100% sure but believe that assuming you are in france, turning up at the border with the correct documents, you would be allowed to enter with her she would recieve a A1 stamp in her passport.

Edited May 12, 2014 by howerde

[toonsai]

Any other important I would be missing?

dont forget to mention the university graduated from and current occupation of your long term girlfriend

will she be taking a long term leave of absence from her current employer or transferring to their UK subsidiary?

She will leave her current job in Thailand.

[toonsai]

Apply for a UK residence card
https://www.gov.uk/apply-for-a-uk-residence-card

or

Apply for an EEA family permit
https://www.gov.uk/family-permit

What is the difference with the "Settlement - Unmarried Partner" visa?

I must admit that I am quite confused with the apparent different options? Will the UK Embassy in Bangkok advise us when we send the application or will they handle the application as it is?

I just want to make sure we apply for the best possible type of visa for her.

Note that at the moment we live in Bangkok.

[Thai at Heart]

Good luck,but since u have a job, should be easier than for a Brit returning without one.

That said, get organised and get your company on side.

[toonsai]

Good luck,but since u have a job, should be easier than for a Brit returning without one.

That said, get organised and get your company on side.

Yes got a job (Executive) and no problem to get support from the company. At this stage, my main concern is to apply for the correct/best visa type for my Thai GF. Cheers!

[toonsai]

A lot of information available, but the more I read the more I get confused...

Fiance visa? Settlement unmarried visa? Who can advise me?

Shall I use VFS service for advices? Are they reliable?

http://www.vfsglobal.co.uk/thailand/vfsglobalintroduction.html

Tks in advance for your help.

[theoldgit]

A lot of information available, but the more I read the more I get confused...

Fiance visa? Settlement unmarried visa? Who can advise me?

Shall I use VFS service for advices? Are they reliable?

http://www.vfsglobal.co.uk/thailand/vfsglobalintroduction.html

Tks in advance for your help.

VFS are no more than a Visa Application Centre contracted by the UKVI to receive visa applications, they are not qualified to give advice.

Posters on this forum are not professionals, if you want professional advice I would suggest the forum sponsor, Thai Visa Express, they are very reliable and reasonably priced.

[howerde]

You are an EEA citizen moving to the UK., so uk rules for uk citizens does not apply to you, you are applying as a EU citizin wich makes thingseasy, just read the links or google family permit.

[toonsai]

You are an EEA citizen moving to the UK., so uk rules for uk citizens does not apply to you, you are applying as a EU citizin wich makes thingseasy, just read the links or google family permit.

So effectively it means that Settlement Visa is not an option for EEA citizens, am I right?

I will go for the EEA Family visa then. How long does it usually take to obtain?

[howerde]

Family permits should be issued 'without' delay' so 2 weeks is normal i would say, But having a look at other websites, some embassies become a bit difficult if the EU citizen is not exercising treaty rights in uk at time of application, this is against freedom of movement rights fo eu citizens, Remember as a EU citizen you have an automatic right to enter the UK with your family for a period of 3 months before you need to be exercisning treaty rights, embassies sometimes need remind ing about this,, i suggest you do a bit of research on the subject, google 'immigration boards' a fantastic webite full of info, and look up EU freedom of movement.

Yes need to look at the UK border website, ' EU citizens and family' forms ee1-eea4 are the forms that come into play for you

Edited May 18, 2014 by howerde

[7by7]

You are an EEA citizen moving to the UK., so uk rules for uk citizens does not apply to you, you are applying as a EU citizin wich makes thingseasy, just read the links or google family permit.

So effectively it means that Settlement Visa is not an option for EEA citizens, am I right?

I will go for the EEA Family visa then. How long does it usually take to obtain?

She could apply for a UK settlement visa if she/you wish; but would have to meet all the requirements, including the financial one, and pay for it.

An EEA Family Permit is a much better option as the requirements are nowhere near as difficult and it is free.

See EEA family permit: EUN02

Provided she is a qualifying family member.

As you are not married she needs to meet the unmarried partner qualification; i.e. you need to show that the two of you are in a durable relationship. Whilst each case is judged on it's own merits this usually means, among other things, showing that you have been living together in a relationship akin to marriage for at least the past two years. (EUN2.11 How do unmarried partners qualify for an EEA family permit?)

As said, there is no fee and the application must be processed with the minimum of delay.

See also Apply for an EEA family permit.

[howerde]

I was under the impression that only britsh/ settled persons partnerscould apply for settlement under UK rules, eea nationals foreign partners could only use EEA rules, unless the eea becomes a settled person, well thats my interpretation of uk border site.

[7by7]

As I understand it, whilst the non EEA qualifying family member of an EEA national would be best advised to use the EEA route, there is no legal reason why they could not apply under the UK immigration rules; i.e. for a UK settlement visa.

Were they to do so, the ECO would, I understand, then have to assess such an application using the immigration rules, and if the criteria were met issue the appropriate settlement visa.

Obviously, if the non EEA national is not a qualifying family member of the EEA national, e.g a fiancé, then they could not use the EEA regulations and would have to apply under the immigration rules for the appropriate visa.

[Seekingasylum]

If the OP were to sponsor an application under the Immigration Rules, as opposed to the EU Regulations umder the 2004 Directive, then he would have to demonstrate that his employment here in Thailand met the requirements of Appendix FM, failing which he would then have to demonstrate any shortfall could be made up in savings etc., etc.

The OP should make the application under the EU Regulations and if possible expedite matters by contracting a marriage here in Thailand. Certainly,the presence of a child born of the union would ensure no nonsense from the visa section concerning the genuineness of the relationship.

I assume the OP is not a dual French/British national. If he were then he would have to renounce his British nationality before submitting his partner's family permit application.

[toonsai]

Tks guys for your support, greatly appreciated.

At the moment EEA Family / Fiance seems to be the best option.

Indeed, it is not crystal clear if we can apply for a Settlement Visa or not. From my reading, it is not restricted only to UK passports.

The problem is that - besides here - we cannot have a meeting/interview with anybody before we submit an application (which cannot be changed). I have a very limited time frame (we will move in July) and I cannot afford to miss a round and re-start an application.

I would like to make an appointment with VFS but it seems not possible before application is made. Also not possible to visit without appointment.

Any good lawyer/advisor in Bangkok?

Edited May 19, 2014 by toonsai

[Seekingasylum]

Given your evident confusion as to the process I should think you need professional guidance. You have already been pointed towards a sponsor of this forum who has a good reputation. I suggest you contact them. An application for a family permit is simple and should be issued within 10 working days, and is free. Thai Visa Express is the firm which others have evidently used with some success. VFS is not an advisory body and nor is the British embassy so do not labour under the misapprehension that you can seek their assistance.