Residency Status

[caledonia]

Just a quick question that I hope someone will be able to help with - once a foreign spouse has their settlement visa in the UK but they are not yet at the 'indefinate leave to remain' stage ie. they are still in their first two years - are they classes as resident for the purposes of visa to other countries?

I mean I know they are with regards to the EU but a lot of countries specify that you should apply from your country of residence - I would have thought it my hubby's case this was now the UK but that is not the info we got from an embassy today. Maybe I just confused them when I said spousal visa rather than settlement!

Any ideas/thoughts/opinions would be much appreciated

[caledonia]

sorry guys realise I should have just put this in visas to Thailand section - I kinda forget it's there having spent too much time here!!

Anyway I can't delete this so sorry if I am asking similar questions in both parts and system admin feel free to delete this one!

[GU22]

A spouse visa is a resident/settlement visa. Therefore they are resident in the UK and so apply there.

Which embassy told you different?

[caledonia]

A spouse visa is a resident/settlement visa. Therefore they are resident in the UK and so apply there.

Which embassy told you different?

I was hoping someone would say that - it was the Thai embassy that told me different!!!

I mean maybe it was a language problem and maybe I should not have said spouse visa and should have said settlement but are they not one and the same! Of course it sure don't help that hubby is Nigerian (cos no one wants them!). The confusion is not hleped by the fact that the processing embassy for Nigerians based in Nigeria is the thai Embassy here!

Maybe I should ask them again - or e-mail the query!! Does seem a bit strange though that when I was in OZ on a year residency I was able to get a three month Thai visa without anyone saying oh you should be applying in the UK!

[GU22]

Different countries may, of course, have different rules. But as far as I am aware, one applies for a Thai visa to the embassy in the country where one is resident.

Your husband is in the UK with a settlement visa, he is a UK resident.

BTW, 'spouse' visa and 'fiance' visa are not official terms. Maybe this is what confused whoever you spoke to at the RTE.

[caledonia]

Different countries may, of course, have different rules. But as far as I am aware, one applies for a Thai visa to the embassy in the country where one is resident.

Your husband is in the UK with a settlement visa, he is a UK resident.

BTW, 'spouse' visa and 'fiance' visa are not official terms. Maybe this is what confused whoever you spoke to at the RTE.

Thanks GU22 - I think I will e-mail them the query - saves any accent problems. I prob should have been clearer it was a settlement.

Will see what they come back with before we scrap the Thai holiday and head for Goa instead!

[samran]

I saw your other post. I'd say forget what you were told over the phone and just go down and apply.

My wife and I were/are on 3 year FLR extensions as part of the Highly Skilled Migrant Programme (the Home Offices name for the permit - not mine ). By no means a settlement visa of any sort, though it does lead to eventual settlement.

Anyway, the emabssy in London let her apply for a multi-entry non-immigrant 'O' visa with no argument.

[caledonia]

I saw your other post. I'd say forget what you were told over the phone and just go down and apply.

My wife and I were/are on 3 year FLR extensions as part of the Highly Skilled Migrant Programme (the Home Offices name for the permit - not mine ). By no means a settlement visa of any sort, though it does lead to eventual settlement.

Anyway, the emabssy in London let her apply for a multi-entry non-immigrant 'O' visa with no argument.

I know I am sure it would be fine - he has a job, we have a house with a mortgage and he will be back in Uni by then so all the evidence to show he will come back. But still - a lot of money to pay for a refusal as they need to see the tickets.

Although I am tempted to take my friends advice - book the tickets then if they say he can't come get him to stay at home with the cat and go with her instead!! lol!!

If you don't mind me asking - what nationality are you? I think the fact that he is Nigerian does not help!

[samran]

I saw your other post. I'd say forget what you were told over the phone and just go down and apply.

My wife and I were/are on 3 year FLR extensions as part of the Highly Skilled Migrant Programme (the Home Offices name for the permit - not mine ). By no means a settlement visa of any sort, though it does lead to eventual settlement.

Anyway, the emabssy in London let her apply for a multi-entry non-immigrant 'O' visa with no argument.

I know I am sure it would be fine - he has a job, we have a house with a mortgage and he will be back in Uni by then so all the evidence to show he will come back. But still - a lot of money to pay for a refusal as they need to see the tickets.

Although I am tempted to take my friends advice - book the tickets then if they say he can't come get him to stay at home with the cat and go with her instead!! lol!!

If you don't mind me asking - what nationality are you? I think the fact that he is Nigerian does not help!

Not Nigerian...actually Thai/aust and my wife is a Kiwi. The visa was for her. I went to apply for it on her behalf and they didn't look at my passport.

I know some embassies won't deal with those who have nationality outside their juristiction unless they can show that they are resident in that country as well.

[caledonia]

[

I know some embassies won't deal with those who have nationality outside their juristiction unless they can show that they are resident in that country as well.

Well that shouldn't be hard - will wait and see what they say if they ever do respond to the e-mail. If not it will be goodbye stay in the Bangkok Sheraton courtesy of my Thai airmiles and hello Thomas Cook cheap deal to goa!!

[caledonia]

No response as yet from Thai embassy but Egypt and India have both confirmed they would treat hubby as a UK resident and with site of proof of residence here (utlity bills, bank statments etc) they would process his application as a UK resident.

So just thought I would let those of you still on a Settlement visa in the first two years that there are other holiday destinations other than the obliging (although not always) EU!