2nd Uk Visa For Thai Fiancee

[andrewc]

I have a Question about visa options and wonder if anyone has any advice on the matter.

I met my girl friend in thailand 12 months ago.

We had a sucessful visa application for 6 Months to the uk which was a holiday Visa.

However during my girl friends stay we went back to Thailand after 3 months and returned on the visa to stay here for the remainder and was met with some resistance at heathrow imigration control. They were not happy that she had returned to Thailand and come back to the UK. They said that just because she had a valid visa it did not mean automatic entry would be granted. After being detained for over an hour eventually she was allowed in.

This has detered me from imediatly applying for another holiday visa.

My girl friend has now gone back, but very much want her to return to the UK.

The sisuation is that we are engaged however i am still going through a divorce which could take another 4 to 6 weeks. My question is would i stand any chance of getting a finacee visa with technically still being married. Is my only option a holiday visa.

Any advice from previous experience would be much appreciated

Andrew

[londonthai]

a tourist visa is not a multiple visa - she was lucky to be let in.

wait for the divorce papers - not that long

[the scouser]

Andrew,

There is nothing preventing your girlfriend from immediately re-applying for a visit visa. However, that she has already spent nigh on 6 months in the UK will make it difficult for her to get. As a general rule, the authorities don't like to see visitors spending more than 6 months of every 12 in the UK. Their contention is that this amounts to living in the UK on visit visas.

With regard to a fiancée visa, there is nothing in the immigration rules which specifically prohibits your girlfriend from applying whilst you are not free to marry, but, obviously, that you are not will be an influencing factor in the visa officer's decision.

Scouse.

[GU22]

a tourist visa is not a multiple visa - she was lucky to be let in.

UK visit visas are usually multi entry, although the ECO when issuing it may restrict it to single entry. Check the visa if in doubt.

Andrew, as Scouse says, it is unlikely that she would get another visit visa at this time as it would mean that she would probably be spending more than 6 months out of 12 in the UK. A visit visa is for visits, not residence!

However, if you are only a few weeks away from receiving your decree absolute then there is no reason why she should not apply for a fiance visa at this time. From DSPs chapter 13

13.9 - Evidence required for fiancé(e) and proposed civil partnership applications.

Evidence of marriage/civil partnership arrangements

If the only reason for a couple not being free to marry/enter a civil partnership is that one of them is awaiting a divorce/dissolution of a civil partnership, entry clearance should not be refused for this reason alone (though ECOs would normally expect to see some evidence that divorce/dissolution proceedings are well under way). The reasoning behind this is that the divorce/dissolution may well come through within the six months leave to enter period, thereby enabling the couple to marry/register a civil partnership. ECOs should however be aware that divorce/dissolution proceedings may take longer than 6 months to resolve. The applicant may then apply for leave to remain as a spouse/civil partner. Should one of the partners still be waiting for a divorce/dissolution to come through at the end of the six-month period, they may apply to the Home Office for an extension of stay.

(My emphasis)

However, only apply for a fiance visa if it is your intention to marry each other as soon as possible. It is not to be used as a some sort of easier to get visit visa. Were she to enter the UK on a fiance visa and not marry you, then the next time she applied for a UK visa she would have to come up with a very convincing reason for not doing so.

[atlastaname]

To be more specific, it is not "unlikely" that she would get another tourist visa, it is certain that she would not . Its not a residence visa !!

As your divorce is really quite soon , and as long as you are sure it is going to go through , apply for the fiancee visa , which you should easily get. Do make sure that you really do want to marry her , because if she does come here on that visa and doesn't marry you within the time limits , then i don't think the sort of convincing exceptional reasons you would have to give as an explanation would apply to your case. Then she would have very little credability in any future applications

[paully]

IHowever during my girl friends stay we went back to Thailand after 3 months and returned on the visa to stay here for the remainder and was met with some resistance at heathrow imigration control. They were not happy that she had returned to Thailand and come back to the UK. They said that just because she had a valid visa it did not mean automatic entry would be granted. After being detained for over an hour eventually she was allowed in.

This has detered me from imediatly applying for another holiday visa.

My girl friend has now gone back, but very much want her to return to the UK.

The sisuation is that we are engaged however i am still going through a divorce which could take another 4 to 6 weeks. My question is would i stand any chance of getting a finacee visa with technically still being married. Is my only option a holiday visa.

Any advice from previous experience would be much appreciated

Andrew

Technically, of course, the Immigration officers were quite right. Whilst a visitor's visa is usually multiple-entry, it does not mean that you are completely free to come and go as you like and keep thereby extending your stay.

Are you sure that you want to get married to her, Andrew? If you are (and you didn't say so unequivocally), then you (she) could get a fiancee visa as GU22 and Scouser say, or you could get married in Thailand after your divorce and apply for a settlement visa.

Edited November 22, 2006 by paully

[andrewc]

IHowever during my girl friends stay we went back to Thailand after 3 months and returned on the visa to stay here for the remainder and was met with some resistance at heathrow imigration control. They were not happy that she had returned to Thailand and come back to the UK. They said that just because she had a valid visa it did not mean automatic entry would be granted. After being detained for over an hour eventually she was allowed in.

This has detered me from imediatly applying for another holiday visa.

My girl friend has now gone back, but very much want her to return to the UK.

The sisuation is that we are engaged however i am still going through a divorce which could take another 4 to 6 weeks. My question is would i stand any chance of getting a finacee visa with technically still being married. Is my only option a holiday visa.

Any advice from previous experience would be much appreciated

Andrew

Thank you all for your replies what you have said makes good sense.

Its quite a difficult time that after being together for 6 months we are now seperated with no certain route of how we can be re united. It has been a strain on the relationship being apart.

My inital thoughs were that i would just wait until i get divorced then fly to Thailand and get married.

However i am aware that then we still have a fairly long wait to get a marriage visa issued.

I think that based on your advice i am going to get my girl friend to start a fiancee visa application.

Thank you again for your advice

Andrew

Technically, of course, the Immigration officers were quite right. Whilst a visitor's visa is usually multiple-entry, it does not mean that you are completely free to come and go as you like and keep thereby extending your stay.

Are you sure that you want to get married to her, Andrew? If you are (and you didn't say so unequivocally), then you (she) could get a fiancee visa as GU22 and Scouser say, or you could get married in Thailand after your divorce and apply for a settlement visa.

[paulsmithson]

Brought my thai wife to yhe Uk on a business visa 20 years ago whilst awaiting a civorce-She was detanined overnight at Heathrow and released next day.Spent a hard 6 monthe together in the uk and then her visa woud have expired and my divorce was still in process.

A hard decision had to be made. Did we go underground and stay together or do the honest thing and seperate for a while.

She returned to Thaiand with little money and we waited another 6 months to get her a fiance visa.

The fact that she had first visited and then returned home stood her in good stead and the visa was granted with no problems.She returned here in 1988 and we were married here and stayed together to date and despie many problems i still love her to bits---Do the right thing by her and wait a few weeks

[GU22]

Whilst a visitor's visa is usually multiple-entry, it does not mean that you are completely free to come and go as you like and keep thereby extending your stay.

Provided the visa has not expired, and it is multi entry, then there is no reason why the holder cannot leave and re-enter the UK as often as they wish, although they would, except in exceptional circumstances, be refused entry if it appeared that they would be spending more than 6 months out of 12 within the UK.

Visit visas are for a set period and have a fixed expiry date. Leaving and re-entering the UK would not extend the life of the visa nor postpone the expiry date.

Andrew, whether to apply for a fiance visa now or wait for you divorce to be finalised so you can marry in Thailand and apply for a spouse visa is a decision only you and your fiance can make.

Remember, if she obtains a fiance visa the marriage should take place within the 6 month life of the visa. However, there is provision within the rules for a fiance visa to be extended beyond this time in exceptional circumstances. As the DSPs Chapter 13 para 13.9 (linked to above) says

Should one of the partners still be waiting for a divorce/dissolution to come through at the end of the six-month period, they may apply to the Home Office for an extension of stay.

However, to be granted an extension you would need to show that your decree absolute will be issued within a reasonable time and that the marriage will take place as soon as possible afterwards. An extension is not guaranteed.

Waiting and marrying in Thailand has it's advantages.

If she has a fiance visa, then once the marriage has taken place she will need to apply for Further Leave to Remain at a cost of, currently, £335 by post or £500 in person. Two years later she will need to apply for Indefinite Leave to Remain, at the same cost. A spouse visa is for two years and cuts out the FLR stage, saving that fee. Also, the holder of a fiance visa cannot work until after the marriage and FLR, the holder of a spouse visa can work immediately.

The length of the wait for a spouse visa need not be very long. She can apply immediately after the wedding. If all the documents show that, on the balance of probabilities, the requirements of the rules are met then she would get the visa without an interview and within 10 working days. If she does need an interview then the wait depends upon demand. Currently the wait for a settlement interview is, I'm told, 5 to 6 weeks; but it has been known to be as long as 3 months.

The same time scales apply for a fiance visa application.

Edited November 23, 2006 by GU22

[paully]

Whilst a visitor's visa is usually multiple-entry, it does not mean that you are completely free to come and go as you like and keep thereby extending your stay.

although they would, except in exceptional circumstances, be refused entry if it appeared that they would be spending more than 6 months out of 12 within the UK.

Visit visas are for a set period and have a fixed expiry date. Leaving and re-entering the UK would not extend the life of the visa nor postpone the expiry date.

.

Yes, the visa has a set period (can be two years or more) but a re-entry could extend your time spent in the UK. Why else would immigration be concerned that a visitor might spend more than 6 months out of 12 in the UK?

[Mahout Angrit]

Visit visas are for a set period and have a fixed expiry date. Leaving and re-entering the UK would not extend the life of the visa nor postpone the expiry date.

.

Yes, the visa has a set period (can be two years or more) but a re-entry could extend your time spent in the UK. Why else would immigration be concerned that a visitor might spend more than 6 months out of 12 in the UK?

The first statement is correct. Visit visas are for a set period which starts counting from the date of Issue not the date of entry. Any exits and re entries during the validity will not extend the validity of the Visa ie you cant pop over to Europe and return and get another 6 months

[the scouser]

....you cant pop over to Europe and return and get another 6 months

Unless, of course, you have, for example, a 2-year visit visa in which case that can be done (providing you have a Schengen visa too), but expect to come under the scrutiny of the immigration officer upon re-arrival.

Scouse.