Questions about getting UK Visitor visa for Thai wife

[jadee]

Hello,
I am British, my wife is Thai, we have been married for 9 years. I used to work in Thailand and the last time we visited the UK was 2014 so I am familiar with the process of applying at VFS Global. However, we have since moved to live and work in China.
Firstly, does anyone know whether a Thai national wanting a visitor visa need to apply at the VFS Global office in the country they are travelling from? ie, We want to visit the UK in December this year and fly from Beijing to London - does my wife need to apply at VFS Global China or can she apply at VFS Global in Thailand, or doesn't it matter?
Secondly, the VFS website says that you can only apply up to 3 months before the date of travel - is there any way around this? The reason I'm asking is that we will visit Thailand in June-July and it would be great if we could apply at the Bangkok office as we don't live near VFS offices in China.
Lastly, is there no way to ask these basic questions to VFS Global? Does anyone know the number or email address of the people I should contact? When we last applied in 2014, it was straightforward as we were in Thailand, my wife was Thai and I worked there, but the VFS Global China website, as with the Thai one, doesn't have many helpful details,
Thank you for reading this, many thanks for any helpful advice.

[Arkady]

The application process is now started online but you also have to book an appointment for an interview (no more walk-ins allowed). Thai citizens can always apply for an interview in Bangkok but would need evidence of being working or accompanying a spouse with the appropriate visa to apply in China. If she applies in Bkk with the usual documentation from you to show you are in work and with evidence of her residence with you in China implying intention to return there with you, it should be OK, but I would contact VFS in Bkk to double check first. I think they normally start the validity of visas from the date you tell them you intend to travel and perhaps they won't do this more than 6 months ahead. If this is the case, you perhaps apply for more than the standard 6 month visa. For a higher price they offer 2 year, 5 year and 10 year visas. You could book an earlier trip to start in less than 3 months, if that's the rule and change your mind and take the first trip later. This is not a violation of visa rules, since you are entitled to go there whenever you want, if you buy a multi year visa, as long as it is only for visits and you are not taking up residence there. Anyway check with VFS as they change the rules every 5 minutes.

[theoldgit]

If your wife is legally resident in China, ie not there on holiday but has some kind of status, then she can apply in China, but as her biometric details need to be captured this would entail a visit to a VFS Application Centre, I think there are about 12 scattered across China.

The application process has nothing to do with VFS it's all to do with where the UKVI process her application If she applies as a Thai national in China then that's where it will be processed.

As a Thai national she can apply here in Thailand, but when considering the application the ECO will want to be satisfied that she will leave the UK at the conclusion of her visit, usually referred to as the reasons to return, so she would need to provide details of her life in China as reasons to return and tell them why she is actually applying in Thailand.

They do say that you shouldn't apply for a visa longer that three months before the intended date of travel, I don't know if there is flexibility any more than a week or so, as you are specifically advised not to purchase tickets until the visa has been issued. This is because there could well be a change in personal circumstances that could effect the outcome of the application if you applied too far in advance, Schengen also have this rule.

You say that you will be visiting Thailand in June/July, if you applied here in July you can ask for the visa to be post dated for three months which would give a start date of September/October, a standard six month visit visa would allow plenty of time for a visit in December.

I note the previous advice about longer term visas, these are really designed for applicants who can demonstrate they have a need to visit regularly over a prolonged period, so probably not what you need.

[laislica]

Since you have both been there before and not overstayed, that is bound to help.

In your application I suggest that you provide clear evidence that you (she) will have adequate funds for the stay.

That there will be no possible thought that she will overstay and

no possible thought that she will need the resources of the UK during her visit.

When the Imm Officer looks at her application, he must have no doubt that all all be well to grant her the requested visa.

I made the mistake of assuming that it was my right to take a legal Thai wife back home for a couple of weeks to meet my family.

The application asked how much money do you have for your proposed visit (she wanted only 2 -3 weeks) and she answered 5,000 pounds.

To the question: What will you do if you need more money: she (me) answered, My husband provides me with everything I need.

She should have said, My husband has pensions of xx.000 pounds per year and has xx,000 pounds in his UK bank and he will take care of any additional expenses.

(or something like that) Quoting my Nat Ins No. was not enough, although she said that I pay taxes in the UK but was resident in Spain.....

Since we were required to give many contact names/addresses/phone numbers of the family where we would be staying, I assumed that if they had any queries then they would contact us or someone listed.

What a mistake to make.

I then learned that they make their judgement solely on what is included in the application.

They have too many applications to deal with so I guess that is understandable.

See if you can work out their favourite phrase from the following refusal note we got!

"In assessing your individual application, it has not been necessary to interview you. However I have taken account of:
• the financial and employment information as declared by you on your application form
• your passport and travel history
• your family circumstances and
• the supporting documents you provided.
I have used all the information presented to determine if the Immigration Rules have been met. In reaching my decision, which has been made on the balance of probabilities, I note the following points:
The Decision
> You have stated that you depend on your husband in Spain. However, you have provided no evidence regarding where you live or your husband’s financial situation. Therefore, I am not satisfied that you have, on the balance of probabilities, sufficiently strong economic ties to Spain to satisfy me that only a short stay is intended and that you intend to leave the UK on completion of your visit. 41 (ii)
> You have provided no evidence of your source of income or financial situation or those of your husband. Therefore, I am not satisfied that you will maintain and accommodate yourself without recourse to employment or public funds or will, with any dependants, be maintained and/or accommodated adequately by relatives or friends who can demonstrate they are able and intend to do so, and are legally present in the United Kingdom, or will be at the time of their visit 41 (vi) or that you can meet the cost of the return or onward journey 41 (vii)
I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.
Your right of appeal is limited to the grounds referred to in section 84(1 )© of the Nationality, Immigration and Asylum Act 2002 (www.leqislation.gov.uk).
Entry Clearance Officer: NJ Date of refusal: 30/08/2013 Date sent to applicant:
How sent: via courier
If notice personally handed to you by an Entry Clearance Officer, please sign below: Applicant’s signature:
Date"

BTW, I retired to Spain in 2004 and still spend more than 180 days per year so my wife maintains her 5 year Spanish ID.

That was three years ago and family visit us in Spain.

Now, I think I might try an agent and ask their advice, some seem to have a good track record.....

Best of luck.