Visa for girlfriend

[Griffo63]

Background

My girlfriend and I have lived together in Thailand for over 5 years. To all intents and purposes we are married - joint banking, shared lease agreement on condo in Bangkok etc.

We have visited the UK every year for the past 3 years - I am UK citizen and she got a 6 month tourist visa.

She has also passed English language tests required for spouse visa

I own a condo in the UK and am in the process of buying a condo here.

We plan to split our time in the future between the UK and here - maybe Spring and Summer in the UK and Autumn and Winter in Thailand

Question

What is the best visa to apply for to meet our situation and needs?

6 month Tourist Visa - easy to get but gives little flexibility for "ad hoc" trips

2 or 5 year Tourist Visa - Better than 6 month and likely to be successful but ......

Spouse/partner visa - preferred option - we may choose to settle more permanently in the UK in the future - but reading about it seems more appropriate to Thai joining family/partner/spouse in UK rather than our situation

Any guidance/advice based on personal experience or knowledge will be much appreciated.

[7by7]

A settlement visa is just that; a visa which allows the applicant to travel to the UK to settle.

From what you say, your girlfriend qualifies as an unmarried partner, so she could apply.

However, to get one not only would she need to say she intends living in the UK, all the other requirements would need to be met as well; including you meeting the financial requirement.

If successful, she would get a 33 month visa and in order to remain in the UK after it expires she will need to apply for Further Leave to Remain, which she can do after 30 months in the UK.

30 months after that she applies for Indefinite Leave to Remain; which, if granted, means she can remain in the UK indefinitely.

Obviously, she is allowed out of the UK during this 5 years, but at both the FLR and ILR applications she will need to show she is a UK resident; which may be difficult to do if the majority of each year is spent in Thailand.

There is also the cost of these applications to consider; in total it will be more than the cost of a 10 year visit visa.

Therefore, my opinion is that for her a long term visit visa is a better option.

From what you say, regular UK visit visas in the past and an acceptable reason for regularly visiting the UK, I can see no reason why she would not be successful in such an application, even for a 10 year one.

But: whatever period she applies for, if the ECO decides to issue a shorter validity, there will be no refund of the difference in fees.

Remember, too, that no matter the validity of her visit visa she can only spend a maximum of 6 months in the UK per visit. Also, although not a hard and fast rule, she may have difficulties entering the UK if it appears she would be spending more than 6 months out of any 12 in the UK.

One other thing to consider, if in the UK as a visitor she cannot work or access the NHS. If in the UK with a settlement visa or FLR or ILR, she can.

[Griffo63]

Brilliant response and very clearly explained. Thanks very much really appreciated. 5 or 10 year tourist visa seems to fit our needs and UK legislation best. Thanks again

[moobie]

OP, this article in The Daily Telegraph (UK) may be of interest/influence :-

http://www.telegraph.co.uk/news/uknews/immigration/11485419/Japanese-academic-forced-to-leave-Britain-due-to-visa-rules.html

[Griffo63]

Very interesting thanks. Long term tourist visa then obviously more appropriate. Thanks again

[SantiSuk]

A h_ell of a lot can happen in many relationships (wherever - here or in falangland between 2 Brits say) no matter how stable and rewarding they look like in the present. 10 years too much of a punt IMO. 5 years a much better risk/pocket balance.

With apologies to anyone who has remained happily married for say 20 years and both at 45 yo plus is looking forward to the next 20 - probably makes sense 4U

Edited March 26, 2015 by SantiSuk

[moobie]

"My girlfriend and I have lived together in Thailand for over 5 years. To all intents and purposes we are married - joint banking, shared lease agreement on condo in Bangkok etc. "

On the subject of "partnerships" one point to remember is that in UK law if you are not married then a couple can split up and (unless there are children involved) one party owes the other nothing at all - no maintenance, etc. Whilst this is a simplification of the why's and wherefores it may be in your interest to examine the effects concerning this of Joint bank accounts, death, etc. and the implications between partners, especially if you have no will drawn up.

[Griffo63]

Thanks.

[NanLaew]

With 3 years history of correct 6-month visa usage, I reckon the 2-year visa would be the next stepping stone unless the full cost of a 5-year visa being possibly lost if/when the UK visa officer reckons that 2-years is all they want to give her. A couple of 2-year successes than go for the 10 year one.

Sobering article on the Japanese academic being forced to leave by some Home Office paper shuffler trying to make a point.

Under new rules, migrants who wish to settle in Britain must show a commitment to living and working here.

I wonder how that rule would fit with Thai Immigration and the digital pikeys?

Good luck.

[Griffo63]

Sound advice - thanks