UK visa application - passport that expires before the visa

[fbf]

My Thai fiancée will apply for a settlement visa after we marry in June. So her application will be in July, and if successful it will probably be granted in the second half of this year. The visa will be for 33 months if I'm not mistaken.

Her passport expires in early June 2016 - so if the visa is granted in September for example (wishful thinking), then it has 9 months validity left.

Will this cause a problem?

I'm wondering if she should apply for a new passport before the visa application process. Even if it's not a problem with the visa (perhaps can she carry the old passport with visa attached alongside the new?) I'm not sure how/when she'd renew her passport anyway with plans like these.

April 2015 - visit the UK (visa already granted and attached to passport)

End of June 2015 - travel elsewhere in Asia for honeymoon

Early July 2015 - submit passport with settlement visa application

Late 2015 (all being well) come to live in the UK

After that, a trip to Thailand isn't on the cards immediately, maybe April 2016. I don't think they'd want her back in the UK with such a short time remaining.

Can a Thai passport be renewed while in the UK? Or renewed over a year early and within the time frame between late April and late June?

Edited February 11, 2015 by fbf

[theoldgit]

No real problem as whilst the passport has expired the visa doesn't, just use the visa in the old passport.

She can renew the passport in the UK but I would be inclined to get a new passport before the application is submitted, they only cost a 1,000 Baht or so and the process takes about a week, certainly easier than applying in the UK, and she can renew at any time.

[fbf]

Thanks for another quick and helpful answer!

I think we'll add a Thai passport to the pre-wedding shopping list then.

[fbf]

Revisiting this topic... your advice is still good, but throwing another complication into the mix, the intention is that she will change her name following marriage. Yet if we "get it out of the way" before the wedding and visa application, it will be in her maiden name.

I'm fairly sure the name change needs to be done in Thailand, starting with her ID card, once in possession of the marriage certificate. I guess she can do this while waiting for her visa to remain in the UK.

Following that, it might make sense to get the new passport in the UK after all. By following the link in this topic I came across the relevant page on the Thai Embassy In London site:

E-Passport Application

The cost is £25. She will need to go to London in person, but that's ok as we're relatively close (about 90 minutes door to door). The advice for so someone living further from London might be different.

As her passport expires early June 2016, I presume she will need to arrive in the UK before December if we take this route? I think and hope that is doable.

Edited February 15, 2015 by fbf

[andyandythai]

Hi, when we got married my wife changed her name the same day. As soon as we came out of the ampur we went to the ID place and she got a new one straight away, the to the land registry and changed her name on the blue book all done in a day. The next day she applied for a new passport and got it within a week. If you can spare the time to do this it could save a bit of hassle, especially when travelling as she will have a visa in the old passport with her maiden name then new passport with married name, you may need to carry a translated copy of marriage certificate incase of any questions.

[fbf]

Ah I see, very quick then.

After we get married, we want to do the visa application straight away. We will get married on a Saturday - the Amphur will actually come to the wedding and issue two marriage certificates (in Thai of course) and the following day we're off for a one week honeymoon (in hindsight I might have gone for a delayed honeymoon, but it's booked already).

If we book a visa appointment for 1 week after returning from the honeymoon, I think that's not enough time to get her name changed, Thai passport sent off and returned. So we would need to add at least 1 more week the appointment, and still risk the passport not coming back in time, or else wait for the passport to come back and risk not being able to get a quick appointment.

A couple of questions covering each option respectively:

1. Is there a same day/24 hour/48 hour fast track option for getting a new passport? If so, it would allow us to book the visa appointment with reasonable confidence

2. If we wait for the passport to come back (e.g. mid July) and then book a visa appointment, what's the earliest date we're likely to get the appointment slot? (how many days after the application submission)

I don't want to add more than a week to the process (or risk the appointment date coming and her not having a passport of any kind).

Sounds like a terrible rush, and maybe it is... but normally we don't spend more than a few months apart, so extending this visa application would mean me needing to make an extra visit to Thailand, with the associated costs (and I'm almost out of annual leave allowance). If it's only the passport holding it up, then maybe carrying two passports + marriage certificate for the next 2.5 years travel isn't so bad (we won't have the money for a lot of trips after everything this year!)

I'm hoping there's a fast track (or at least guaranteed) passport option as that would be perfect! Anyway can she pick the new passport up in Bangkok, or do they post it?

Edited February 15, 2015 by fbf

[theoldgit]

I don't think there is a fast track option for passports, I've never heard of them. They are sent by EMS in about a week.

Appointments at VFS usually seem available in a day or so, I've booked an appointment for the following day.

[Richard W]

No real problem as whilst the passport has expired the visa doesn't, just use the visa in the old passport.

If she wants to start new employment after the passport expires, she will probably need a Biometric Residence Permit (BRP) before getting FLR. While she can still work legally, new employers will be worried that she might not be able to work legally. If they get it wrong, they get a £20k fine. If employment starts before the passport expires, the visa will cover the employer until it expires.

[fbf]

That's a good point about convincing employers.

If she doesn't get a new passport in Thailand, then she'll be able to get one here. But then she'll have two passports - one with visa/old name, new one with new name. Plus translation of marriage certificate. I guess a single passport/visa with only one name is more convincing!

If we go down the (probably most sensible) route of getting a new Thai passport first, how does she apply? In person or by post? She'll be in Bangkok on the Monday morning following the honeymoon so the ability to drop the application/passport in would be nice.

[theoldgit]

If we go down the (probably most sensible) route of getting a new Thai passport first, how does she apply? In person or by post? She'll be in Bangkok on the Monday morning following the honeymoon so the ability to drop the application/passport in would be nice.

The Passport Office is near Bangna, at least one of them. It does get quite busy but it's pretty well organised http://www.mfa.go.th/main/en/services/1415/21479-Requirements-for-the-Ordinary-e-Passports-Applicat.html

[7by7]

Appointments at VFS usually seem available in a day or so, I've booked an appointment for the following day.

We submitted my sister in law's visit application online yesterday (Sunday) and the first available appointment was on Thursday morning.

Like the actual processing times, the availability of appointments depends upon demand; the busier they are, the longer you'll have to wait for an appointment.

July could be busy; lots of students applying for their visas for the start of the academic year in September.

I assume your honeymoon is outside of Thailand so she will need her passport for that and so can't submit her new passport application before you go.

[Richard W]

If she doesn't get a new passport in Thailand, then she'll be able to get one here. But then she'll have two passports - one with visa/old name, new one with new name. Plus translation of marriage certificate. I guess a single passport/visa with only one name is more convincing!

A passport in her maiden name plus a marriage certificate should suffice. The problem is that, in law, an apparent (but fake or revoked) visa in a non-EU passport that had already expired when work started does not provide the employer with a 'statutory defence'. His only defence is to establish that she is not an illegal worker. While you will know that she is not an illegal worker, the problem is to persuade him that he will be able to demonstrate that she is not. Reasonable belief does not ward off the fine; seeing (and recording) what appear to be the prescribed documents does.

[fbf]

@theoldgit - thanks for the heads up about the location; after talking to her, she will probably go to Pattaya as it's closer to where she lives (Si Racha)

@7by7 - good point about the appointment times; we did the first ever (visit) visa around June and it was much busier than now. I did hope that things are just generally getting better, but it sounds like a seasonal fluctuation! And yes, honeymoon in Malaysia. I can't see a way for even an ASEAN national to travel there with just an id card, and unless there was really solid evidence of such a Schengen-like possibility (and there's no indication at all, never mind proof) then I wouldn't risk it.

@Richard W - point well made, I think employers will vary massively; some won't even know the risks, others will be too cautious etc. but it's better to have a very simple, strong story (and document)

Well I can't be totally sure of the best thing to do, but as mentioned in my previous (rather long) post, I'm worried about getting the very latest bank statements and payslips if they arrive on my doormat while I'm in South East Asia for 2 weeks. So we might just have to add a little onto the wait time to avoid any risks/problems.

One thing about appointments - I can't recall how far into the visa application you need to go in order to 'peek' at availability. Does the availability calendar happen before or after payment? Because if before, I can keep an eye on things...

[wooloomooloo]

1. Is there a same day/24 hour/48 hour fast track option for getting a new passport?

No same day service for passports as previously stated.

There is, however, a fast track service but involves a personal trip to the MFA at Chaeng Wattana in Bangkok. If your wife applied on Tuesday, 17 February, for example, she can expect to pick up her new passport on the third business day, being Thursday, 19 February (inclusive). Essentially, a 48-hour service and a very good service it is.

[fbf]

Ah, that sounds good so thanks very much! Well, it's definitely an option.

I'll let her decide if she wants to hang around in Bangkok for a few days. We want to avoid any unnecessary waits, but we'll see what other factors come to light and decide just how much cost/effort to spend shaving a few days off at the start.

[wooloomooloo]

My wife and I loitered in Bangkok for seven days and managed the whole shebang in that time. Translations and notarisations, TB test, passport amendment to married name and settlement visa application. That was our honeymoon.

In the long run it was well worth expediting.

[fbf]

Nice honeymoon. Good to know what can be done.