Basic guide to obtaining a visa for my Thai wife to live with me in the UK

[teacherd]

I have been looking into this and seem to be going around and around in circles, as different terms appear to be used and there are many different situations. If anyone is willing to offer some advice it would be appreciated.

Some basic information

We are in Thailand now

I have lived in Thailand for 5 years

We have been married for 2 years (we were in a relationship for 2 years prior to that)

We have lived together for 4 years, and have plenty of photos, old boarding cards, credit card bills in joint names

(I have the £62,500 in my UK account which I believe I need and it has been there for 6 months and will get a job once we arrive)

Which visa does she apply for, how long is it valid for and do you have a link to the right page?

What are the basic timeslines (ie from submitting application to getting an approval or otherwise)?

After having the application approved what is the next stage do you apply for an extension (how long is the extension) and then 5 years on apply for indefinite leave to remain?

If its relevant she speaks and reads and writes excellent English, and has a degree, and runs her own business here.

I hope someone can help

thanks all

[fbf]

You'll probably get better advice from the more experienced forum members, but for starters, please have a good read of this topic: UK Settlement Visa Basics

I'll try to give some answers anyway...

Which visa does she apply for, how long is it valid for and do you have a link to the right page?

The terminology is confusing at first, as normally a "settlement visa" is discussed, but she will probably want a visa to join a partner in the UK/"family of a settled person" visa. However, I can't see it stated anywhere in your post that you are a British citizen, although this seems to be assumed. Can you confirm that?

You can use the Check if you need a UK visa page to check the visa options, and then apply for a UK visa (you can create an account now, and start building the application, as it allows you to save it and return later). You probably need to check all the visa requirements.

The initial settlement visa is for 33 months, but the actual visa given in the passport will be 30 days. Your wife will then need to collect a British Residents Permit (BRP) from a designated post office (chosen in the later application stages), which is valid for the 33 month period.

What are the basic timeslines (ie from submitting application to getting an approval or otherwise)?

The official Visa processing times should give you a rough idea, and this topic. This time of year is busy (apparently because of student visas) and you can probably expect a wait of 6+ weeks - could be much quicker if the backlog clears, could be much slower. The processing time is from when your wife submits the documents and biometric information in person at the VFS office. You need to complete your online application before you can make an appointment (and therefore should have all the supporting documents ready). Appointment availability varies but in my experience it's been possible to get an appointment within a week of application.

After having the application approved what is the next stage do you apply for an extension (how long is the extension) and then 5 years on apply for indefinite leave to remain?

After the initial 33 month period, she will need to apply for Further Leave to Remain (for 30 months) and then can apply for Indefinite Leave to Remain (ILR). I believe a British citizenship/passport is possible 12 months after that (not essential, but ILR can lapse after an extended period of absence from the UK).

If its relevant she speaks and reads and writes excellent English, and has a degree, and runs her own business here.

I don't believe her business is relevant for a settlement visa (for visit visas, it would be relevant as a reason to return).

Her English ability is relevant because she will need to prove her knowledge of the English language. If her degree was taught in English then it might be acceptable, otherwise she will need to pass a speaking/listening test to prove CEFR A1 ability (which, if taken in Thailand, will also have a reading/writing component, and there are discussions elsewhere about how the results from the latter component can be disregarded for the purpose of the application). See the Knowledge of English guidance.

Further to the above, your wife will also need to have a TB test and obtain a certificate to prove that she is free of this disease. Test centre (from: Tuberculosis tests for visa applicants).

Your online application form (multiple sections) will include many questions (and then needs to be printed and submitted), but doesn't include the financial requirements form. This also needs to be downloaded and completed: Application for UK visa for family settlement: form VAF4A (see and download: "Appendix 2 of VAF4A: financial requirements").

The online form will now also let you pay the IHS surcharge (NHS charge, approx £600 + conversion fee to USD) in one of the stages (this changed at the start of July). This is on top of the application fee itself (which works out around £1000 depending on exchange rate - it's listed as USD 1530).

About your marriage - you will need a marriage certificate, i.e. from an amphur's office, original and English translation. So if you only had a traditional wedding but not a legal wedding, that won't be enough. You need to prove that you are in a "genuine and subsisting relationship", so proof of time/living together or communication when apart basically. Another forum member had his visa refused (different visa category) based on insufficient evidence in this regard. That doesn't mean you need a tonne of paperwork, just well-selected evidence.

The above should give you a rough idea of what to expect and hopefully help you start to make the application, but please still read all the advice/info carefully based on your own circumstances. I've tried to cover most aspects of the application but there will still be other details to consider - it's a lot of work, so good luck!

(PS. I'm still waiting for my wife's application decision so I can't yet know if I got it 100% right myself!)

Edited August 29, 2015 by fbf

[7by7]

Just a few points in addition to fbf's excellent post above.

1) She can apply for FLR after living in the UK for 30 months, she does not have to wait for the initial leave to expire.

2) A ceremonial marriage is not a legal marriage in Thailand, so is not recognised as such by the UK; only registration of the marriage at an ampur will make it legal in Thailand and so recognised by the UK.

However, as you have lived together in a relationship akin to marriage for over 2 years, 4 in fact, and can demonstrate this then if you have not registered your marriage at an ampur she can still apply as your unmarried partner.

4) The usual residential qualification for British citizenship is five years in the UK and held ILR for at least 1 year.

However, for the spouse or civil partner (but not unmarried partner) of a British citizen it is 3 years and holds ILR. So if you are married she can apply for British citizenship as soon as she has ILR.

See British citizenship basics for more.

N.B. the pinned settlement visa topic fbf linked to is slightly out of date, but is still a useful guide along with the official guidance he also linked to.

Edit:

In addition to the links above, see also:

Financial requirement appendix

Specified evidence appendix.

Edited August 29, 2015 by 7by7

[teacherd]

I can only say, thank you both, you have revealed more to me than a few hours searching on line. I am will re read this again in the morning, but can confirm I am British and it was/is a legal marriage with certificates....

Good luck with your application fbf. Again I will read again in the morning as its a little easier on a laptop as opposed to my phone which I am using now.

Thank you

[fbf]

@7by7 thanks for the extra info, especially with regard to the citizenship rules. I've carefully re-read the rules in this regard (must have skimmed it before as it's still a long way off) and yes, it definitely says the requirement for a spouse is "3 years + ILR" (which is effectively 5+ years as that's how long it will take to get ILR). That's still 1 year quicker than I thought though.

@teacherd no worries at all, and no need for a quick response. It was only by luck that I was online and not ready to venture out into the Koh Samet heat just yet. I remember how daunting the whole visa process felt at first, even from the first visit visa (which was granted), and the advice I got on this forum helped enormously.

[dean008]

Very useful and succinct answers here.I am in a similar situation, Can either of you clarify if the same type of visa applies for the wife of a British national who (the British national) is living in Thailand presently?

it is stated the type of visa is

,,,,,to join a partner in the UK/"family of a settled person" visa.

to me that suggests the visa is to join someone in the UK, not someone currently in Thailand, or am I reading too much into it

[brewsterbudgen]

In Thailand the A1 and B1 IELTS Life Skills tests only have Speaking and Listening components. There is no Reading or Writing requirement.

[7by7]

Very useful and succinct answers here.I am in a similar situation, Can either of you clarify if the same type of visa applies for the wife of a British national who (the British national) is living in Thailand presently?

it is stated the type of visa is

,,,,,to join a partner in the UK/"family of a settled person" visa.

to me that suggests the visa is to join someone in the UK, not someone currently in Thailand, or am I reading too much into it

The UKVI wording can be misleading; but, yes, the procedure, requirements and application form are exactly the same whether the British spouse is already living in the UK or is currently living abroad and will be returning to the UK with their foreign spouse.

Except if using employed income to meet the financial requirement you will come under either 5.2. Category A: With current employer for 6 months or more – overseas sponsor returning to the UK or 5.4. Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK, whichever is applicable.