Which UK visa for Thai husband/father.

[mja1906]

I'm confused as to which visa to apply for (family/spouse etc), also I heard there are some major changes to the UK visa laws that just came into effect.

I'm a British National, that has been living in Thailand for the last 7 years. I have a Thai husband (married for 2yrs) and a daughter together (under 1yr). We live together in a house, that we just bought (under husband's name). He also has another house in his name and 2 cars. These assets are still under financing. He is a tour guide and has his own tour operator business (license from TAT). We would like to travel back to UK together for 2 months holiday. We would stay at my parents home. Which visa type should he apply for? And what are the requirements?

For our daughter we will apply for British passport for her. Thanks

[7by7]

He applies for a visit visa.

There have been some changes recently to visit visas, mainly combining several different categories into one; but the application process and requirements are essentially the same.

Your husband basically needs to show that he

• is a genuine visitor with a genuine reason to visit,
• can cover all the costs of the visit and will be adequately accommodated whilst in the UK without working or recourse to public funds and
• will leave the UK when or before his visa expires.

For more and how to apply see Standard Visitor visa.

You may also find UK visit visa basics helpful, but note that some of the links in that are now out of date.

[mja1906]

Thanks, I had seen the gov.uk site, it's all a bit generic. I guess I'm wondering about specifics, like how much in the bank would he need to show for a 2mth visit? How can he show he's a genuine visitor? he's self-employed so there's no employer's letter or salary slips , to show as proof to return. But we definitely will because we are settled here with a daughter and house.

Will they verbally interview him?

[7by7]

1) There is no specific amount needed in the bank for a visit. Your husband merely has to show that there are sufficient funds available, from his own resources, yours, a third party or any combination of these, to cover all the costs of the visit.

This varies depending on what you and your husband will be doing. Two months touring the UK and staying in hotels will be a lot more expensive than two months staying with your parents.

2) He shows he's a genuine visitor by him, on the application form, and you in your sponsor's letter, describing the reasons for the visit.

In your letter you should also describe your relationship and circumstances as you have in your OP.

3) He doesn't have to be employed. My sister in law has no proper employment, working for various people on a casual basis, and so had no evidence of employment in either of her two visit visa applications, the latest one being in February this year. She also owns no property. I explained this in my sponsor's letter and she was successful both times.

Your husband is in a far better position as he owns a business and property. He should provide evidence of the business he owns, the property he owns etc. to show his ties to Thailand.

I'd also suggest him saying what will happen to the business while he is away for two months; e.g. does he have employees who will keep it running?

You should also provide a self certified copy of your passport showing your immigration status in Thailand as this will also show the intention to return.

4) Interviews these days, especially for visit applications, are extremely rare.

If they do decide they need to speak to him, which is very unlikely, it will almost certainly be over the phone. If this does happen, he will have the choice to speak directly with the ECO in English, or in Thai via an interpreter.

Edited May 4, 2015 by 7by7

[Waterloo]

7by7's comment about explaining what will happen to the business whilst you are away is very important, we previously had an application rejected for not addressing this issue.

The application was about 6 years ago and was for an uncle to attend our wedding to act as Father of the Bride and was for 3 month's.

We had to reapply explaining that the wedding was in the low season on the farm and what chores that would need doing could be managed by the extended family.

[mja1906]

_{Wow, it is surprisng and encouraging to hear that your sis-in-law managed to get a visa, even without permanent employment. I'm a little scarred, as 7 years ago, I was living in UK, and applied for my husband (then boyfriend) to come on a student visa. He was rejected because they didn't believe the relationship was genuine, or that he would return. Like your sis-in-law , he was doing casual work, and didn't own any property then.}

_{So I'm surprised she managed to get a visa even with a sponsors letter.}

_{He was also grilled by the ECO and the results of the interview, well they just slammed it as a fake relationship and economic migrant. I appealed in the UK, and won the 2nd appeal, but he didn't end up coming to UK, as I moved to THailand.}

_{Tempted to seek assistance from the likes of a visa agency, such as the ones that advertise on here, might be pricier but feel like I would be shooting in the dark and don't want to make the same mistakes as last time.}

[mja1906]

7by7's comment about explaining what will happen to the business whilst you are away is very important, we previously had an application rejected for not addressing this issue.

The application was about 6 years ago and was for an uncle to attend our wedding to act as Father of the Bride and was for 3 month's.

We had to reapply explaining that the wedding was in the low season on the farm and what chores that would need doing could be managed by the extended family.

Wow, thanks Waterloo that is invaluable advice. You could have saved my bacon. See its all these insider details, that could make or break an application. If only we knew what to show/include, cases that are completely genuine fail, because they miss bits like this. The system is not designed in a very fair way, its like school tests, knowing HOW to answer question is just as important as the content of the answer.

[7by7]

As further encouragement; on a yearly average over 95% of visit visa applications in Bangkok are approved.

I am a little confused by your saying that he previously applied for a student visa so he could visit you when you were living in the UK. A student visa is to come to the UK to study, if he wanted to visit you he should have applied for a visit visa. But you say you, or rather he, won his appeal; and it's all in the past. Though there is a question about previous applications in the last 10 years on the application form, so he should, of course, give the details of that application when answering that question.

Based on what you have said here, as long as you follow the 5 P principle* I can see no reason why he should not be successful.

• He has a genuine reason to visit the UK; travelling with you to visit your family.
• He and you can, presumably, afford the trip.
• He has somewhere to stay; with your parents.
• He has strong reasons to return to Thailand; his business and property. Plus you are legally resident in Thailand with him.

Provide the necessary documents to show all this, then he should not have a problem. Most applicants fail not because they don't qualify for the visa, but because they fail to show that they do!

See Visitor: supporting documents guide for the documents he must provide and suggestions of other documents which will help.

If you do decide to use an agent, the only one I know enough about to confidently recommend is Thai Visa Express.

I suggest that you read the pinned topic on visa agents before deciding,

*Proper Preparation Prevents Poor Performance.

[mja1906]

Thanks 7by7, that statistic is encouraging. I'm still daunted by the thought of applying though. I applied for student visa last time to learn English, as he's a tour guide, in preparation for him to set up his business (which is what he has done), and for us to settle in Thailand. I know, we qualify (as we did last time), only, like you say, it's about failing to show that we do, even though last time we showed so much evidence they still rejected. Just because they had it in their minds it was a fake relationship. At the interview, it was something stupid, like he didn't remember the exact time that we first met, and didn't know my parents names.

He's just not the kind of guy for those details

I'm totally willing to prepare as much as I can, guess just had a bad experience last time, because they will always reach their own conclusions.

I had submitted the online enquiry form for Thai Visa Express, about 5days ago, but still not had any reply from them

[mja1906]

PS. I'm also a little concerned about the old visa refusal, and that this will negatively impact their decision (even though we appealed successfully). Unfortunately we lost the letter they sent to him informing him that he won the appeal (2008), and would be granted entry. Surely they would look this up in their computer records?

[theoldgit]

PS. I'm also a little concerned about the old visa refusal, and that this will negatively impact their decision (even though we appealed successfully). Unfortunately we lost the letter they sent to him informing him that he won the appeal (2008), and would be granted entry. Surely they would look this up in their computer records?

I would mention this in the covering letter, indicating which visa it refers to in the passport, current or previous, if they needed to they would be able to cross reference from that.

[mja1906]

I would mention this in the covering letter, indicating which visa it refers to in the passport, current or previous, if they needed to they would be able to cross reference from that.

Well, the visa isn't in his passport as he didn't end up going to UK - we simply got the letter informing us appeal was won, and entry clearance given

[bobrussell]

As theoldgit says, cover the previous application fully. The ECO can hardly argue it is a 'fake' relationship. The applicant will still have to document sufficient reasons to return but this seems well covered from what you say!

There will not be an ECO gruelling as they don't interview as they did in the past. It is possible that a phone call might be made but this seems rare in visitor applications.

The ECO does not know the applicant so don't assume anything! Document everything relevant and I doubt there will be much of a problem. The UK needs visitors!

[mja1906]

Thanks folks. I wonder how much detail to go into, about the old application. The story goes like this

2006 - We meet in Thailand

2007- I am in UK working and saving money to one day return to Thailand and be with boyfriend/hubby, and to help him set up his tour business (he's a tour guide). I sponsor him, we apply for student visa to learn English, gets rejected.

2008- We win the appeal 2nd time round, approx 1.5yrs later, but do not bother getting the visa, as by this time I've had enough of UK, and saved enough $$ to return to Thailand and be with boyf/hubby. Which was always our plan.

2013- We get married

2015 - Have baby girl

How much about what happened do I write about? As sometimes 'less is more'

One other question - husband has the title deeds of 2 houses under his name, but he's still paying off the mortgage - does this still count?

Similarly he has 2 cars under his name, but they should be paid off by end of this year.

He had to have TB test last time, will he need one this time?

Thanks, again folks

[Walter Travolta]

Im no expert in this field but I would imagine your fears about what happened those years ago are just that - bad memories. They thought your relationship was fake yet still granted him access on appeal.

You are now years down the line with a child and business here so I would imagine you are in a much stronger position than before. Good luck

[bobrussell]

Your last post covers things pretty well. Don't drown the ECO in words! Most of us have mortgages. It suggests stability and helps credit scores in the UK therefore bank loans can be seen as beneficial to an application as long as it is clear they are affordable.

Make sure you give them contact details in case anything is unclear. I bet they won't need to use it!

Edited May 11, 2015 by bobrussell

[ThaiVisaExpress]

Thanks 7by7, that statistic is encouraging. I'm still daunted by the thought of applying though. I applied for student visa last time to learn English, as he's a tour guide, in preparation for him to set up his business (which is what he has done), and for us to settle in Thailand. I know, we qualify (as we did last time), only, like you say, it's about failing to show that we do, even though last time we showed so much evidence they still rejected. Just because they had it in their minds it was a fake relationship. At the interview, it was something stupid, like he didn't remember the exact time that we first met, and didn't know my parents names.

He's just not the kind of guy for those details

I'm totally willing to prepare as much as I can, guess just had a bad experience last time, because they will always reach their own conclusions.

I had submitted the online enquiry form for Thai Visa Express, about 5days ago, but still not had any reply from them

We have checked, and we haven't received any email from you. Can you resend ?

Tony M

[7by7]

I am still confused over a student visa being refused for relationship reasons; unless the ECO thought that his relationship with you meant that he was attempting to use a student visa to by pass the settlement rules and intended to remain in the UK at the end of his studies.

But as you say it was refused because he did not satisfy the ECO his relationship with you was genuine, I don't see how it could be that.

However, that is not relevant to this application; each application is judged on it's own merits. Though previous applications in the last 10 years do need to be referred to and if applying for the same type of visa, which your husband is not, the reasons for the previous refusal need to be dealt with.

I agree; a brief history of your relationship as per your post above in your sponsor's letter should be sufficient; plus a cop[y of your passport to show your immigration status in Thailand.

Though I'd leave out the bit about having enough of the UK! Simply say that despite winning his appeal by that time you were ready to move to Thailand to live with him.

That he has mortgages on his properties should not be a factor.

Ditto with car loans, though I'm not sure if owning a car would be seen as a reason to return.

He does not need a TB test as he is not applying to enter the UK for more than 6 months.

BTW, not relevant now, but you say

he didn't remember the exact time that we first met, and didn't know my parents names.

At her settlement interview in 2000 my wife was asked for my parents' names.

She replied "I don't know, he calls them Mum and Dad!"

She got the visa.

[mja1906]

I am still confused over a student visa being refused for relationship reasons; unless the ECO thought that his relationship with you meant that he was attempting to use a student visa to by pass the settlement rules and intended to remain in the UK at the end of his studies.

But as you say it was refused because he did not satisfy the ECO his relationship with you was genuine, I don't see how it could be that.

However, that is not relevant to this application; each application is judged on it's own merits. Though previous applications in the last 10 years do need to be referred to and if applying for the same type of visa, which your husband is not, the reasons for the previous refusal need to be dealt with.

I agree; a brief history of your relationship as per your post above in your sponsor's letter should be sufficient; plus a cop[y of your passport to show your immigration status in Thailand.

Though I'd leave out the bit about having enough of the UK! Simply say that despite winning his appeal by that time you were ready to move to Thailand to live with him.

That he has mortgages on his properties should not be a factor.

Ditto with car loans, though I'm not sure if owning a car would be seen as a reason to return.

He does not need a TB test as he is not applying to enter the UK for more than 6 months.

BTW, not relevant now, but you say

he didn't remember the exact time that we first met, and didn't know my parents names.

At her settlement interview in 2000 my wife was asked for my parents' names.

She replied "I don't know, he calls them Mum and Dad!"

She got the visa.

Yes, the eco thought that he was using the student visa as a way to stay in the UK long term

Thanks, sorry, to be clear - are the mortgages seen as reason to return? Or not reallY?

Haha, love it , I'll tell my husband to give the same answer as your wife

[durhamboy]

I would think that having 2 mortgages on property would be a factor in establishing a reason to return. Ditto with the cars, Obviously they wouldn't in themselves prove that he will return but it all goes to paint a picture so I would be inclined to include them. Can't do any harm.

[7by7]

The properties themselves are a reason to return; that they are mortgaged should not effect this.

As I said earlier

Based on what you have said here, as long as you follow the 5 P principle* I can see no reason why he should not be successful.

• He has a genuine reason to visit the UK; travelling with you to visit your family.
• He and you can, presumably, afford the trip.
• He has somewhere to stay; with your parents.
• He has strong reasons to return to Thailand; his business and property. Plus you are legally resident in Thailand with him.

Provide the necessary documents to show all this, then he should not have a problem. Most applicants fail not because they don't qualify for the visa, but because they fail to show that they do!

[mja1906]

Thanks again 7by7. Sorry was getting myself confused when you said the mortgaged properties had no effect, I thought you meant, that they had no affect on reason to return. Ok, but now I get it