Is she married, single, spouse or partner . UK tourist visa advice

[BEDBANDIT]

Hi all

ive been with my girlfriend for about 3 years , i own a house here and live here 3-4 months every year,

We got married last month . traditional Thai ceremony , my family and friends came from England , big party, dancing band 150+ people etc,etc

i didn't and still don't have Affirmation of marriage from UK embassy , my appointment is for 26 April. ( never married befor) she got her single paper last week so just me now ...so i know were not legally married yet and probably wont have everything done till and registered till the end of the month.

i want to return to the UK soon i would like her to come this time, i would be happy if she got a six month tourist visa. i started to fill it out last night and couldn't decide what to tell them . I'm not trying to hide anything, just cant decide if were married or not for the purpose of the visa ... i was hoping to submit the visa pack befor the 26th to get the ball rolling.

reasons to return , money , accommodation and proof of relationship are all covered, i will be paying for everything , she has some saving, about 400,000b , and some land back home , i have made 4 visa packs befor for an old girlfriend from 2003-2009 , so this is not my first time doing this sort of thing

should i just tell Eco that we are married ( but not done all the paper work yet) or just fill out the form as thou she is Still single ?

thanks for any advice , comments

[laolover88]

You are not married. Get the affirmation. Get it translated. Get married at the Amphoe. Get documents certified by the MFA. Remember UK immigration want to know she will leave the UK when the visa expires and in order to grant it she needs to demonstrate reasons to return to Thailand.

Edited April 12, 2016 by laolover88

[Expattaff1308]

As said you are not officially married. You will need your affirmation, translated and verified by the MFA only then can you go to your Amphur office and carry out the legal requirements for a legal marriage.

[theoldgit]

No you're not legally married, so she will have to apply as a single person.

As you're probably aware the whole marriage process can be completed in a few days, though with the Songkran shutdown she would be cutting it a bit fine if she wanted to submit her application on the 26th, is she aware that she needs to do the online application in the first instance?

If however you have been living together in a relationship akin to marriage for longer than two years, and have evidence to support it, then she could apply as your partner, though there's no real advantage in being married rather than single, the burden of proof is exactly the same for a visit visa..

You say you would like her to travel to the UK for six months when you return, you need to tell us a bit more, are you staying there, are you going back for a holiday, what are her ties here.

As you have already been through the process with a previous girlfriend, you will be aware that it's your girlfriends application and it's her that needs to satisfy the ECO that her proposed visit is genuine, affordable and, that on the balance of probabilities, she will return home at the conclusion of her stay, always difficult to prove strong ties to Thailand when the applicant declares that they wish to visit the UK for six months, visas are routinely issued with a six month validity.

[lostinisaan]

, i have made 4 visa packs befor for an old girlfriend from 2003-2009 , so this is not my first time doing this sort of thing

Did the other 4 ran away with a younger bloke? You're not married, the buddh. ceremony is only important for your wife.Knock no wood this time.

You seem to have the wrong username, ain't no bandit in bed, ya.

Edited April 12, 2016 by lostinisaan

[BEDBANDIT]

thanks , yes i / she is aware that we have to complete the application online , i just downloaded and printed the forms so i can prepare

if she fills out the application as a single person , who will be sponsored by myself (her partner) and all the other boxes are ticked in regards to reasons to return, evidence, money proof , should we even mention the thai ceremony..


oh ..
PS Lostinisann. nah, my old girlfriend who had 4 visits to UK died ...but like you said ..knock on wood this time

Edited April 12, 2016 by BEDBANDIT

[7by7]

You can mention the Buddhist ceremony in your sponsor's letter, but as it is not a legal marriage in Thailand it is also not a legal marriage in the UK.

Could show the strength of your relationship and commitment to each other, though.

[rasg]

Could show the strength of your relationship and commitment to each other, though.

Or have the opposite effect on the reason to return. (Bypassing settlement?).

[ozyjon]

Remember the article on ''Sham Marriages in Thailand''

cross the T dot the i and so on

[laislica]

Being legally married will not give her any advantages.

As a Brit, you have no right to take your legally married wife to the UK if her country of birth is not from a "Scheduled Territory".

We were legally married. I had already retired to Spain and had an ID No.

We were in Spain and my wife had jumped through the hoops and finally got her Spainish Foreigners ID.

We applied for a two to three week visit as a general visitor.

We have no intention of settlement in the UK - ever.

I foolishly thought it was my right to take her on a holiday.

She had declared 5,000 quid as funds for the holiday.

However, I made the mistake of not offering overwhelming evidence that she would not overstay.

Had access to my funds - I didn';'t tell them what my gross income was.

She is also retired so no job to return to.

The application was refused on the balance of probabilities that she would overstay, would need financial support from the State and that she was not sufficiently attached to Spain.

The IO did not contact any of the 6 people detailed in the app - they just declined it.

They had my NI No. and had been told I pay taxes in the UK so easy to see my gross income but they are apparently too busy to check anything.

If they have the slightest doubt - they just decline it.

Since you were successful before, why not try the same formula?
Remember though, that the rules have been tightened several times since then.

Best of luck but do make sure that the IO has no fear "on the balance of probability points mentioned"! and that the app plus the additional proof of income/support and need to go back to Thailand are sufficient in themselves to convince the IO.

They will not call you/her or anyone else to check anything.

Please let us know how you got on and how you applied.

Cheers

[PomPolo]

Hey Fella,

I don't normally reply to these topics as visa situations are extremely complicated and change regularly and I don't profess to be an expert in them, however I was in exactly the same situation as you to the letter living on and off in Thailand 5 months at a time for about three years and married a girl younger than 21 - which is the age required to apply for a marriage visa to the UK (As per one of the previous posts she DID run off with a younger man in the UK once I managed to get her marriage visa - you live and you learn!) anyways back to the point not all relationships turn out like mine.

Because she was under 21 but we were still married the only thing I could apply for was a 6 month C-Visit visa to bring her to the UK - but I believe the C-Visit Visa no longer exists and it has had it's name changed to a "Standard Visitor Visa" which is essentially the same thing. As you have no Affirmation from the Embassy and no official Marriage Certificate from an Amphur then you can't apply for a Marriage Visa, it isn't a complicated process to get married in Bangkok and I would recommend it if you two are serious about each other, you can do it in a few days with a Bangkok agency - the agencies seem to have preferential queue treatment at the Amphurs and registry offices and its worth paying a couple of thousand Baht extra to do that (they collect you in a car and take you everywhere you need to go form the Embassy to the the Amphur and translate all the certificates for you which you will need to apply for the Marriage visa - so in the long term I found it actually saved me money)

Info on the Standard Visitor Visa from the UKBA is here https://www.gov.uk/standard-visitor-visa/overview as long as you can prove long term contact through Phone Call records, Skype Conversations, Traditional Wedding Photos and other photos etc. it shouldn't be a problem - you will also have to prove financial ability to support her in the UK, bank statements, mortgage information etc. it isn't usually necessary to prove any income from your visitor but a few thousand baht in her bank account would be beneficial and a copy of the passbook. The requirements change on this regularly so read up on the supporting docs on the above link.

If you do apply for a Marriage Visa in the future although she will be able to stay longer but in order to gain residency (ILR - Indefinite Leave to Remain) you will have to jump through hoops in the sense she will have to pass a life in the UK test and reach a level of English with a college recognised by the UKBA and also have lived in the UK for 5 years (i.e. One Spouse Visa Renewal to show you are still together). My understanding is that (if you were married) your wife could stay for two years and 6 months (it used to be longer) if she failed any of the Life in the UK tests or didn't get the English Language certificate then it is fairly easy to extend the marriage Visa another period for the same duration even after 5 years.

As I said I am not an expert but reading your post reminded me of my own predicament in the past - ironically my wife still lives in the UK and I now live in Thailand - go figure - apologies if any of my info is incorrect but based mostly on experience.

Good luck Fella

[PomPolo]

Also another thing I found was that the first marriage visa application was the most complicated and required the most evidence. The extensions in the UK were easy and didn't require financial and ability to support to the same extent (this may have changed)

I am sure you are aware but on a standard visit visa she will not be able to work but on a spouse visa she can get an NI number and legally allowed to work.

She will not be allowed to claim and benefits from the UK until she has ILR but as a spouse of a UK citizen will be allowed to free health care (at least my misses was 5 years ago)

[theoldgit]

Off topic and duplicate posts removed.

Whilst all advice is welcome please keep in mind that the OP's girlfriend is seeking advice about an application for a visit visa, please don't muddy the waters with advice on how to apply for other visa types, or even how to own property.

[mgb]

Being legally married will not give her any advantages.

As a Brit, you have no right to take your legally married wife to the UK if her country of birth is not from a "Scheduled Territory".

We were legally married. I had already retired to Spain and had an ID No.

We were in Spain and my wife had jumped through the hoops and finally got her Spainish Foreigners ID.

Not quite correct.

If your wife got a residence card for a family member of a EU-Citizen she need no visa.

See Immigration (European Economic Area) Regulations section 11 and the case McCarthy (C-202/13).

[laislica]

Being legally married will not give her any advantages.

As a Brit, you have no right to take your legally married wife to the UK if her country of birth is not from a "Scheduled Territory".

We were legally married. I had already retired to Spain and had an ID No.

We were in Spain and my wife had jumped through the hoops and finally got her Spainish Foreigners ID.

Not quite correct.

If your wife got a residence card for a family member of a EU-Citizen she need no visa.

See Immigration (European Economic Area) Regulations section 11 and the case McCarthy (C-202/13).

Being legally married will not give her any advantages and this is 100% true.

Entering the UK on the back of residency of another EU Country is totally off topic but I agree that it is an option for us if we ever decided to make a visit.

Not for the OP though in his/her case I think.

[Donutz]

There is no advantage for legally married Thai-British couples to come to the UK. However when the non EU spouse of an EU/EEA citizen joins the EU citizen in an other EU/EEA state Freedom of Movement applies. A Briton living in the UK with the wife can get residency there for the Thai spouse with little paperwork or requirements . And then they could also visit the UK under freedom of movement, applying for the free EU/EEA familymember permit. No tests on likelyhood of return, finances etc. So I an at loss why you (briton living in Spain with Thai spouse) didn't get to visit the UK easily?

Something to consider if the direct route to the UK doesn't seem to be a real option. And ofcourse if the OP was married to the Thai national, a Schengen visa or visa for any other part of the EU/EEA would also be free and with no checks on likelyhood of return, finances etc. So if a UK holiday does not work out, a holiday (or even migration) to an other EU country as a married couple would be an option

Edit: to be entirely accurate there are various scenarios:

- Briton and Thai, unmarried want to visit or move to the UK: no advantage, regular rules.

- Briton and Thai married want to go to the UK, as above.

- Briton and Thai, married or in a relationship akin to marriage want to travel (holiday) through other EU/EEA countries or move there: free, fast, simplified procedure with minimal requirements.

- Briton and Thai, married and living in an other EU country (where they can move easily under Freedom of Movemebt, see above) can visit the UK easily. Should be visa free as the resident card will read " family member of EU/EEA national" but if for some reason (mistake) there is no such card (yet) the free EU/EEA family permit would be available.

OK I'm done.

Edited April 15, 2016 by Donutz

[mgb]

What about the stamp EEA dependant (formerly code 1A stamp) at the uk border control on french ground (Calais and so on).

[PomPolo]

Bedbandit I gave you a lot of advice - why is your appointment not until the 24th - I have just been on the Embassy government website and there are appointments available for tomorrow 18th and every day after that (obviously Songkran slowed things down last week)? Are you being serious with this post? How did you book the appointment?

https://www.consular-appointments.service.gov.uk/fco/#!/british-embassy-bangkok/oaths-affirmations-and-affidavits/slot_picker

One available for 9:45am tomorrow (18th)

[PomPolo]

I take that back - next week looks jammed - apologies - but if you can make BKK by 9:45am tomorrow there is one available!

[BEDBANDIT]

UPDATE

well thanks for all the replys,
WE did the affirmation on the 27th, that was a hard day, Embassy then Ministry of foreign affairs. WE opted for them to post the translated affirmation back to pattaya, got that on 29th.
On the 2nd May we got married at Bang lamung office, that was easy, took about 1 hour.

On the 28th i/ WE submitted the completed online application forms and got an appointment for 4th May to submit our Supporting evidence.
I went with my tried and tested formula , but added these lines to it.
"I'm returning to England, and would like xxxx to come with me , have a long holiday in England and see what thinks of life in the UK befor we go about making marriage visas or other visas"

I'm happy to tell you guys She was granted a 6 month tourist visa , we leave on the 24th May.

thanks for everyone's input .