Marrying Thai Fiancee In Early Jan

[Damo808]

I'd appreciate some advice or clarification here.

I'm about to marry a girl from thailand in january, the ceremony wil be held in thailand, though i'm a british citizen myself. She plans to settle with me in the UK.

With little time left, has anyone any advice on which is the best way to apply for a UK full residency visa ? We are aware this may take some months to process which would probably not make it possible for her to fly home with me after marraige and settle, so we considered on the otherhand if she applied for a tourist visa initially , allowing her to travel home with me, and for her to stay in the UK for 6 months, of which during that time applying for full residence in the UK as my spouse. Were not sure if under Thai law though, given that she is given British residency that can still retain her Thai nationality /passport or dual nationality.

Could anyone post something helpful, i'd appreciate any guidance

Cheers. D

Edited October 15, 2006 by Damo808

[GU22]

Firstly, forget about the visit visa, for the following reasons.

1) To get one she would have to show that she will return to Thailand when, or before, the visa expires, i.e not overstay illegally.

2) It is not possible to convert a visit visa into a settlement visa in the UK. She would have to return to Thailand to do so.

3) The processing time for both a visit visa and a settlement visa are about the same; unless the Entry Clearance officer decides to interview her. Current waiting times for settlement interviews are about 3 months.

So what she needs is a spouse visa.

Basically, to get one she (and you) will need to satisfy the ECO that, on the balance of probabilities, three criteria are satisfied.

1) The marriage is genuine.

2) You can support yourselves without recourse to public funds.

3) You have somewhere suitable to live, without recourse to public funds.

For guidance on what is required, see:-

Guidance - Husbands, wives and partners (INF 4)

Diplomatic Service Procedures - Entry clearance Volume 1 - General instructions (28/09/06) Chapter 13

For how to apply, see:-

UK Visa Application Centre

Spouse Visa Checklist

Obtaining UK residency will not effect her Thai citizenship. Nor would taking out British citizenship (when she qualifies). Both the UK and Thailand allow their citizens to hold dual nationality.

Good luck. Any more questions, please ask.

Edited October 15, 2006 by GU22

[Dakhar]

I do not want to steer you wrong. In America you could apply for a "change of status" if you had a student visa.

What this means is, you could inter into the country with a student visa, get married, apply with immigration with for a change of status, and stay in America without any further big obstacles.

This is how my wife and I did things. I must say this was in AMERICA, and PRE-9/11. Things may have changed since then, and things may also be totally different from your country.

Sorry if I have wasted your time.... but it may be an option worth looking in to.

[vinny]

People with UK student visas or other type of visas that alow them leave to enter/remain in the UK for over six months are also permited to switch to married status in the UK under paragraph 284(i) of the immigration rules (provided all the other requirements, ie 285, are also met):

Requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom

284. The requirements for an extension of stay as the spouse of a person present and settled in the United Kingdom are that:

(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these Rules, unless the leave in question is limited leave to enter as a fiancé or proposed civil partner; and

Unfortunately, visitors are only allowed at most six months leave to enter/remain and therefore cannot switch. It would, however, be interesting to see what happens if a visitor managed to get an extension in the UK that enabled him/her to stay in the UK beyond six months?

[GU22]

Unless the OP's fiance is a genuine student who has been accepted onto a genuine pre-arranged course at a recognised educational establishment which is registered with the Department of Education, then she wont get a student visa.

Even if she did, were she then to abandon the course and not begin another one she could easily find herself being deported. Particularly if she brought herself to the attention of the home office by applying for a certificate of approval for a marriage, which she would have to do in order to marry, or by applying to switch her status.

[scooty]

Sawasdee Damo, i will also be doing the same as you and i will be marrying my Thai fiancee about mid january, we will marry in Udon Thani. i am a bit surprised that the waiting list for an interview for the settlement visa is about 3 months , i only say this as not long ago i read one post here and someone had an interview and got a visa in 4 weeks, maybe they were just lucky. anyway good luck , and get prepaired.

[aka_jack]

Hi same as gu22 forget about the visit visa as you will get knocked back on this go straight for the settelment visa, as long as youhave al your paperwork in order as previously posted you might not even need a interview, i had a friend that this happened to and he got one straight away, also i went for a visit visa first time and was declined on the grounds you are married so why would she be just visiting, having nothing to come back to thailand for, ie no kids, no house, no shit hot job!! I explained that we would be back within 6 months anyway and would do it then. Plus the lady in the embassy was helpful and said to come back tommorrow and apply for a settlement , which i did and recieved it that day. Good luck