UK Citizenship Application Help

[bono99]

Hi everyone, im new to this forum and require some guidance on the steps I need to follow to obtain UK residency for my Thai fiance.

I have been reading through guides but just want to clarify a few things.

The circumstances are as follows;

• I am a british citizen with a british passport (born in the UK)
• My girlfriend is a thailand citizen, with a thai passport (born in Thailand)
• We will be marrying in Thailand officially in the next month or 2 (will be applying for the UK visa after this)
• She is currently pregnant with my child

My main questions are;

• What type of Visa do we need to apply for her to have long term/permanent residency in the UK
• Can you please advise on any significant do's and dont's during the application process that may have a significant impact on the outcome of the application

Please feel free to ask me any questions if you require any further info.

Many thanks.

[beano2274]

read the sticky, you will need to be married and have enough finances to bring her over to the UK.

If you currently live in Thailand, then savings will be needed, or she will have to wait until you have enough pay statements from your UK Employer.

http://www.thaivisa.com/forum/topic/689377-the-financial-minimum-income-requirement-for-partner-visas-for-uk/

http://www.thaivisa.com/forum/topic/552969-british-citizenship-basics/

http://www.thaivisa.com/forum/topic/524561-uk-settlement-visa-basics/

Edited July 2, 2016 by beano2274

[7by7]

In addition to the pinned settlement topic linked to by Beano, some aspects of which are slightly out of date, see also:-

Apply to join family living permanently in the UK

Financial requirement appendix

Pay for UK healthcare as part of your immigration application

TB testing in Thailand

Approved English test centres (those in Thailand are near the bottom of page 9).

UK visa application centres in Thailand.

Forget about British citizenship for her for now; she won't be eligible to apply for this until she has no time restriction on her stay in the UK; which will take her at least 5 years.

If she gives birth before you come to the UK then you should obtain a British passport for the child whilst still in Thailand as British citizens cannot be granted a visa for the UK as it is illegal to place any time or other restrictions on a British citizen's stay in the UK.

See Overseas British passport applications.

Get the child a Thai passport as well; whether born in the UK or Thailand.

Edited July 2, 2016 by 7by7

[bono99]

Thanks for your help, our plans are for her to move whilst pregnant and give birth in the UK

So to narrow it down;

• I meet the financial requirements
• The initial visa will be for 33 months and will have to be extended afterwards, and only after 5 years can she apply for citizenship?
• She will need to take a TB and English test
• Healthcare will need to be paid as part of the application, will this be refunded if the visa is rejected?

A couple of questions;

• The UK.gov says the average processing time in april was 30 days, is this about right?
• Will my partner be able to claim benefits for maternity, child support etc whilst she is here?
• Will she be entitled to work whilst she is here?

Many thanks

[7by7]

1) You have to meet not only the financial requirement, but you and she also need to meet all the others, such as accommodation, as well..

2) Her initial leave to enter will be valid for 33 months; but the vignette placed in her passport will only be valid for 30 days and she will need to arrive in the UK within that 30 days. If she cannot do this, she must apply for a new vignette, currently at a cost of £122.

Once in the UK she must obtain her biometric residence permit within 10 days of her arrival. She will be given information on this when her initial visa is issued.

After living in the UK for 30 months she applies for Further Leave to Remain; see Apply to remain in the UK with family. Note that although that link says the English requirement for FLR is A1, from October 2016 this will increase to A2. However, if she obtains A2 for her initial visa she will be able to use that pass again for her FLR.

FLR is valid for 30 months, at the end of this she applies for Indefinite Leave to Remain; see Apply to settle in the UK; note she will be on the five year route.

Unlike the initial visa, for both FLR and ILR the financial requirement can be met either by her income alone, yours alone or by combining both.

She will need to pay the NHS surcharge again when applying for FLR, even if she has been working and paying tax, but not when applying for ILR.

As she is the spouse of a British citizen she can apply for naturalisation as British as soon as she has ILR. The B2 English pass and LitUK test pass she used for ILR can be used again for naturalisation.

BTW, your child will hold dual Thai/British citizenship wherever it is born.

3) Although the processing time for settlement applications decided in Bangkok in April show that 100% were decided within 30 working days; remember that past performance is no guarantee of future performance. The more applications, of all types, they receive at any one time, the longer each application will take to process.

The recommendation is to allow 12 weeks, and that is what I would do. Remember, though, that if she requests a specific start date, which can be up to three months ahead, she cannot use the visa to enter the UK until that date.

Up to you, of course, but better, I think, to have the visa all sorted when you are ready to move than to be panicking because your moving date is approaching and no decision has been made yet!

4) She will not be able to claim any public funds in the UK until she has ILR. Neither will you be able to claim any which may normally be available to a married couple.

You, however, will be able to claim any and all which you may qualify for as an individual and a father; which includes child benefit and child tax credits. As DWP and HMRC rules say these must be claimed by a couple jointly, she can be included in your claim.

5) Yes, she will be able to work.

However, prospective employers are obliged by law to ensure that she is so entitled; so will want to see proof. Her BRP, once received, should suffice for this proof.

6) Note that the information I have provided, and is contained in the various links, is, as far as I am aware, correct at the time of posting.

However, you are, rightly I believe, planning for the next 5 years and that information may change; we are at the mercy of future governments; check again when the time for each application is approaching.

One thing is certain; the application fees will definitely have increased; as they have done every April for as long as I can remember.

[7by7]

Sorry, missed this bit:

Healthcare will need to be paid as part of the application, will this be refunded if the visa is rejected?

Yes, the NHS surcharge will be refunded if the application is refused.

[bono99]

Thank you for the comprehensive response, everything is much clearer now.

Will we be required to provide additional evidence to support our claim of being in a relationship. Other than the marriage certificate will they require pictures and text messages?

I also have another question regarding marrying in Thailand. I have been informed I will need to go to the British embassy in Bangkok first to obtain a 'freedom to marry' certificate and this then needs to be translated into Thai before marrying. Is this correct? And are there any other steps I will need to follow before marrying in Thailand?

Many thanks for your help

[beano2274]

Do your affirmation to marry, go to the British Embassy and get it validated, then you need to get it translated and take it to the MFA in Bangkok, only then can you get married, your GF must also prove her marital status at the Amphur where you get married.

The family marriage or wedding ceremony might require you to pay a dowry to the family to show their friends that their daughter is worth a lot of money, you might receive this back from the family or part of it, but also be aware that some families might not ask for it.

[bono99]

Ok thanks, where do you advise to get the verified affirmation form translated to Thai, and will the translated version need to be verified/stamped again?

[beano2274]

Ok thanks, where do you advise to get the verified affirmation form translated to Thai, and will the translated version need to be verified/stamped again?

there are a few translation shops near the Embassy, if you pay them to do the MFA stuff then you can relax and wait for it all to be done for you

[bono99]

Ok and just to confirm can I do all of this over there relatively quickly? Will I need to make an appointment for the embassy and MFA beforehand or can I just turn up on the day? I will be travelling to Thailand for 10 days and hope to get married in that time frame.

[theoldgit]

You can't just turn up at the British Embassy to get your affirmation, you need to make an appointment.

https://www.gov.uk/marriage-abroad/y/thailand/uk/partner_local/opposite_sex

[7by7]

Will we be required to provide additional evidence to support our claim of being in a relationship. Other than the marriage certificate will they require pictures and text messages?

They will obviously want to see the marriage certificate with a certified English translation, which must contain

• confirmation from the translator that it is an accurate translation
• the date of the translation
• the translator's full name and signature
• the translator's contact details.

This will suffice for all other purposes in the UK where you may need it, including her FLR, ILR and citizenship applications. But if you think you may want at some future date to use it to obtain a visa to another country for her, particularly a Schengen state, then you should have it certified by the Thai MFA as well.

Other than this, there is no specified evidence required to prove the relationship; but you do need to show it is genuine so I advise you to provide some, such as:

• A brief history of your relationship in your sponsor's letter.
• Evidence of contact, such as phone records, emails etc. Remember that they don't want to see the contents of texts, emails etc., merely evidence that they exist. If you don't have this because you communicate via Skype or similar, explain this in your sponsor's letter.
• A self certified copy of your passport to show how often you have visited her in Thailand.

No need for photographs; indeed UKVI specifically request that they are not submitted unless asked for.

[7by7]

I will be travelling to Thailand for 10 days and hope to get married in that time frame.

It is certainly possible to get the AFM and Ampur marriage sorted in that time frame; but everything else? Doubtful.

I assume, given her condition, that you also want to get her visa sorted ASAP; certainly before her pregnancy is too far advanced for her to fly. Most (all?) airlines wont carry pregnant women after the 36th week; 31st week if twins. After the 28th week the airline may require a letter from her doctor confirming she is fit enough to fly and her due date. Is it safe to fly while pregnant?

She can do the TB test now, no need to wait for you; especially as her pregnancy means the TB test may be done via a sputum test, which takes longer to get the results, rather than an X-ray. The TB cert is valid for 6 months.

She should also get her English test done now so it's sorted before you arrive.

Finally, you can start her online visa application before you go to Thailand; even submit it and make the appointment with VFS for her to submit her documents and have her biometrics taken. As long as you arrange an appointment for after your married and ensure you have all your and her documents ready for her to take when she goes, of course.

Even if you do all this, the likelihood of her receiving her visa in the time frame you have indicated so she can travel with you to the UK when you return is, IMHO, very slim; possible, but slim.

[bono99]

What do you mean by everything else, the visa? Currently she is 4-6 weeks pregnant, I'm planning on going next week to get married. If I submit the visa application before I go next week, will I not be required to upload all of the supporting documents ie English test certificate, marriage certificate, tb test etc, or can this be done afterwards? Obviously we are in a rush as she needs to fly here whilst the airlines will still take her, I just need an outline on how I can be proactive and get all of this done as quickly as possible.

[7by7]

By everything else I mean

• obtain TB certificate
• take and pass English test
• attend the UKVAC
• wait for decision on her application.

All you upload once the online application form is completed is the application form itself.

Once that is done and the fee and NHS surcharge paid you will need to make an appointment for her to attend the UKVAC.

At this appointment she hands in

• signed hard copy of the application form
• completed financial appendix form and required evidence
• marriage certificate and certified English translation
• TB certificate
• English pass certificate
• any other supporting documents.

She will also have her biometrics taken at this appointment.

As I said previously, you can get all of this organised before you travel to Thailand; except the marriage of course.

So once there you can get married and then attend the UKVAC for her appointment.

Edited July 4, 2016 by 7by7

[bono99]

I have registered on the Visa4UK website and now beginning the application.

I am currently faced with 3 options;

1. Reason for visit

2. Visa type

3. Visa sub type

I am guessing these will be;

1. Settlement

2. Settlement

3. Wife

Are these the correct options to select?

[7by7]

Yes.

If it asks you for the date of your marriage, obviously you don't know that yet.

So enter an approximate date, and then change it on the hard copy if necessary; explaining what you have done, and why, in the additional information box or your sponsor's letter.

As the financial appendix is completed by hand, you can, of course, enter the marriage date after the marriage and before she hands it in.

(6th attempt at posting this; hope it works this time; bloody website/ TVF connection issues! )

[bono99]

So just to clear up the sequence of events;

• Get married and obtain all required documentation
• TB Test / English Test Certificates
• Complete financial appendix (hard copy)
• Complete online application
• Make appointment for UKVAC and pay all NHS fees
• Attend UKVAC, provide all supporting documents and have biometrics taken

Is this correct?

Also, I noticed on the UK.gov website it states if you are submitting the application online, you are required to pay the fee within 30 minutes. Is that correct?

[7by7]

So just to clear up the sequence of events;

• Get married and obtain all required documentation
• TB Test / English Test Certificates
• Complete financial appendix (hard copy)
• Complete online application
• Make appointment for UKVAC and pay all NHS fees
• Attend UKVAC, provide all supporting documents and have biometrics taken

Is this correct?

Basically, yes.

However, as said to you previously, given your shortness of time you/she should do as much as you can before the marriage; particularly the TB test and English test.

Don't worry that the certificates for these will be in her maiden name; the marriage certificate will show it is the same person, though it may be worth mentioning in your sponsor's letter that she took them before your marriage.

What about her passport? That, presumably, is currently in her maiden name.

There is no compulsion under either Thai or UK law for a married woman to take her husband's surname upon marriage; so she can keep that in her maiden name if she wishes. This would mean, of course,, that she uses that name as well for the visa application.

Or she can change it, but she can't do that until after the marriage and I don't know how long it will take.

Ditto with her ID card. Although that wont be needed for her visa application, I'm not sure if Thai law allows a person to have a different name on their ID card to that on their passport.

Also, I noticed on the UK.gov website it states if you are submitting the application online, you are required to pay the fee within 30 minutes. Is that correct?

If they say so, then presumably it is. Not sure what happens if you don't; presumably you'd have top start all over again.

I don't recall seeing this, but then I've always paid immediately so wouldn't have looked for or noticed it; though these were for visit not settlement applications I assume it's the same.

[bono99]

Ok so my girlfriend just took the IELTS life skills level A1 English test and she's not sure how it went. Does anyone have any idea what the pass mark is for the exam?

[brewsterbudgen]

Ok so my girlfriend just took the IELTS life skills level A1 English test and she's not sure how it went. Does anyone have any idea what the pass mark is for the exam?

There's no pass mark. She will either pass or fail and will find out in around 10 days.

[bono99]

What I mean is, there must be some kind of scoring criteria for the exam i.e. How many questions do you need to get right to pass / how many wrong to fail

[bono99]

Hi all,

I have another query regarding the application.

The app form asks for dates of any previous name changes for the application (from previous marriage, maiden name etc). Does the change date reflect the date it was initially changed eg. the date of marriage or when it was last changed ie the date of divorce?

[bono99]

Hello All,

 

Quick Update - My partner has completed the English test, and Tuberculosis test in Thailand (passed both tests), her passport is now in her married name and the marriage certificate has been translated into English. We are planning on submitting a 'Wife settlement' visa this weekend. I just want to double check the process incase I have missed anything.

 

1. Submit Online Visa application

2. Print hard copy of the application and pay the fees

3. Make appointment to visit embassy and take copy of application, financial requirement form (with supporting docs), English and TB test certificates, marriage certificate etc. Have biometrics taken.

4. Wait for answer 

 

She is currently 21 weeks pregnant and has clearance to fly until 6th January 2017 (with Thai Airways) before requiring a doctors note. Realistically if the application is submitted this weekend, how long can we expect to hear a response?  

[7by7]

Not quite right.

 

Numbers 1 & 2 should be; submit online application, pay fee and NHS surcharge, make appointment, print hard copy for her to sign and take to appointment with the other documents.

 

Number 3; the appointment to submit her documents and have her biometrics taken isn't with the embassy, it's with the UK Visa Application Centre.

 

The latest processing times for Bangkok show that for decisions made in September 100% of settlement applications were processed within 30 working days.

 

However, past performance is no guarantee of current or future performance. The main factor in processing times is the number of applications received.

[bono99]

Ok so we recieved an email notification earlier today stating that a decision has been made on the Visa and the supporting documents are ready for collection. From this stage, how much longer is it expected to be until we recieve the decision?

 

Is the Visa start date in accordance with the 'date of planned' travel (30th December) specified on the visa application or is the start date based on whenever the visa is actually approved? Ive also heard that visa's normally begin from the 1st of the month, is this correct?

 

Also, can you please confirm how we can actually extend the visa vignette sticker and pay the £122 fee, I cannot seem to find the form/process for this and can you please advise if this is a relatively quick process.

 

Many thanks

[theoldgit]

The pack containing the  passport and supporting documents will arrive at VFS a day or so after you receive the email from the UKVI and will be available for collection almost immediately, if you have opted for delivery it should reach you a day or two after that.

 

The visa used to be dated on the day it was processed, not helpful when they introduced the thirty day expiry, but I understand they now date the vignette for the date of travel you advised of in the application, and no it isn't valid from the first of the month.

 

To extend the validity of the vignette, if you are unable to travel on the date requested, you need to apply for a transfer of conditions ECB17.3, the details are here ecb17  I'm not sure how long the process takes, maybe others will chip in with their experiences.

[7by7]

As theoldgit says, the visa should commence on the date of intended travel entered on the application; i.e. 30th December. But check it as soon as received.

 

Your wife then has 30 days in which to enter the UK with the visa, by my reckoning that's the 29th January. She will only need to obtain a new visa vignette if she cannot enter the UK before then. But as you said earlier

On ‎21‎/‎10‎/‎2016 at 7:06 AM, bono99 said:

She is currently 21 weeks pregnant and has clearance to fly until 6th January 2017 (with Thai Airways) before requiring a doctors note.

you are obviously looking to fly before that date.

 

Remember, though, she cannot use the visa to enter the UK before it's start date.

 

Once in the UK she will need to collect her Biometric Residence Permit, which she must do before her visa expires or within 10 days of arrival, whichever is the later. See Getting your BRP

 

If you have to delay her travel date beyond the expiry of her current visa vignette then not only will you have to pay to extend it, but if you delay too long then there will be even more expense down the line.

 

As I said above, her initial leave is valid for 33 months. The next stage is FLR, and when she applies for this she must have a valid leave to enter or remain. If she delays her first entry for more than 3 months then when her current leave expires she wont have lived in the UK for 30 months.

 

She can still, indeed should, apply for FLR; but that will only be valid for 30 months, so when it expires she won't have lived in the UK for the 5 years necessary to be time qualified for ILR. Therefore she will have to obtain, and pay for, another FLR to make up the missing time. This means not only paying another FLR fee, currently £811 by post, but another NHS surcharge as well!

 

So I strongly advise that if at all possible she comes to the UK before her pregnancy is too far advanced for her to fly so that she completes her first 30 months in the UK before her initial 33 month leave expires.

 

 

 

Edited November 16, 2016 by 7by7