Marriage

[nagasaki]

Hi All, I think that this is probably the best place for this topic, but if moderators think not and need to move it fine.

Its really aimed at Men who have married Thai girls and have brought them back to UK recently,

2 questions really

1. How easy was it in terms of the UK authorities, was it straightforward or fraught with bueracratic crap. does marrying in either UK or Thailand matter in terms of making things easier

2. What are her writes legally when she gets here, By that I mean where does she stand with working, claiming benefits or going college to, how does this affect my tax the fact that she would be foriegn

Reason I ask is I am a UK national in the UK, and am in a relationship with a Namibian girl, and have been for 6 months (off topic I know but I would imagine the principles are the same) and I have have had a few Thai gfs in my time. I met her while she was here on a working holiday visa, while here she got a place at uni, but authorities said she had to go back to namibia to apply for a student visa, but at moment they are playing hard ball and she is struggling to get her back in, It might be possible to get here as a 6 month visitor, but she can't work in that time. Marriage in the longer term is a probability, but I just wanted to know where we/she would stand legally within the UK as my wife.

thanks for your time any advice or experience you could give would be greatly appreciated as I don't know where I stand in terms of marrying a foreign girl

[Mossfinn]

Hi All, I think that this is probably the best place for this topic, but if moderators think not and need to move it fine.

Hi Nagasaki,

You are probably better off in the visa and migration thread where the more informed guys are, who know about the laws.

The most recent posters who have succeeded generally frequent there too.

1. Yes it is fraught, although I am not sure it is crap.

2. Her rights will depend on her immigration status or visa, as a married lady or girlfriend.

Not much help but the advice will depend on your next step.

The guys on the said sub-forum will dispense the necessary advice on the legalities of which-ever visa.

Good Luck

Moss

[mittheimp]

She wont be able to claim benefit for a while and she would have to live here for three years as a spouse before being considered non-foreign in terms of college / university fees. But if she is Namibian - thats in the commenwealth? yes? - then she may qualify for home fees already.

[the scouser]

As your wife, your now-girlfriend could apply for a visa as your spouse, and, if successful, this would give her an intial 2 years in the UK. She would be able to work, attend college (although she might have to pay), and benefit from NHS treatment, although she wouldn't be allowed to claim benefits defined as public funds. At the end of the 2 years, providing that your marriage was still subsisting, she would get indefinite leave to enter the UK. I don't know the ins-and-outs of the tax situation, but HMRC, for their purposes, would consider her as being resident in the UK as she is married to a Brit.

On what grounds did the Home Office refuse her application? Just as an aside, working holidaymakers who are citizens of countries who don't automatically need a visa for the UK are allowed to switch to being a student, if starting a degree course. However, it is possible that it was refused on other grounds.

Moved to visas for other countries forum.

Scouse.

[vinny]

See also IR20 - Residents and non-residents: Liability to tax in the United Kingdom

[mosquitoman]

But if she is Namibian - thats in the commenwealth? yes? - then she may qualify for home fees already.

F.Y.I. Namibia is not a Commonwealth member, however she was formerly a German colony

[the scouser]

I believe German South West Africa was ceded to the Brits after WWI, becoming Namibia, and it is today a Commonwealth country. Notwithstanding this, a territory no longer has to have been a British colony in order to join the Commonwealth; for example, Mozambique is a member state and was only ever a Portuguese colony.

Scouse.

[the scouser]

I was incorrect in my history, but Namibia did become a British colony in 1915 under the auspices of South Africa:-

http://en.wikipedia.org/wiki/History_of_Namibia

Scouse.

[chaiyapoon]

Namibia IS a member of the Commonwealth of Nations and had a team at the Commonwealth games.Check your facts before stating : F.Y.I.

[vinny]

See also List of members of the Commonwealth of Nations by name

[englishoak]

1. No problem if you follow the rules. They do change so do your own homework rather than just relying on posters info here. Eg: you need to show proof of relationship with Thai's.

Why don't you contact the Namibian consulate or Embassy and find out ?

2. As far as rights they are as the scouser said. At least for Thai.

Regarding benefits ? well if your asking that then you should'nt be bringing anyone here IMHO.

It is good the UK is playing hardball on immigration. It's bad enough right now with the flood gates from Europe open without the rest of the world too.

As a fact salaries here are actually going down in a lot of areas because of excess immigration.

Sorry but if she has a place at Uni and can pay the fees etc etc then why can't she just do it properly and pop back for the correct visa ?

As a student studying she would not be entitled to work anyway. As a 6 mth visitor she would not be able to attend Uni.

You seem more bothered about her being here and able to work or collect benefits rather than studying anyway.

[GU22]

Why don't you contact the Namibian consulate or Embassy and find out ?

The Namibian authorities will not be able to help her in a quest for a UK visa.

As far as rights they are as the scouser said. At least for Thai.

The rules on this point are the same for all visa nationals, regardless of their nationality.

As a student studying she would not be entitled to work anyway.

Students can work, but there are conditions. From Guidance - Students (INF 5)

Can I work?

You can take part-time or holiday work, but you must not:

work for more than 20 hours a week during term time unless your placement is part of your studies, has been agreed with your educational institution and leads to a degree or qualification awarded by a nationally recognised examining body

do business, be self-employed or provide services as a professional sportsperson or entertainer, or

work full-time in a permanent job.

Edited October 18, 2006 by GU22

[vinny]

She wont be able to claim benefit for a while and she would have to live here for three years as a spouse before being considered non-foreign in terms of college / university fees. But if she is Namibian - thats in the commenwealth? yes? - then she may qualify for home fees already.

See also Defining Home/Overseas Status for Tuition Fees Purposes and Tuition Fees & Financial Support