marriage then spouse visa

[mike1983]

planning on getting married at the end of the year in thailand, just at an amphur.

 

it'll of been my 3rd time seeing her due to work commitments in the uk, she has had 3 visit visa rejected for various reasons, so rather than keep rocking the vv boat all the time and our ultimate aim is to live together in the uk so thus the plan on getting married and then applying for her to settle.

 

with that in mind can someone please help on the exact things that need to come with me from the uk to get married and also the procedure whilst in thailand I will have to follow to marry my beloved.

I have read many things about this but would like it concrete.

 

also what are the thoughts on her getting a spouse visa with the previous refusals? and obviously having only been together for a few months over the time period?

 

I do have accommodation, meet the financial requirement and can back up the relationship with fb messages, skype calls and photos. hotel receipts could be a problem because when we've been together this last time I just stayed at her home the majority of my time there.

 

I will more than likely be getting the guys at Thai visa to do the application for her but would just like to start getting things in order for this to happen and get an idea if people think it would be successful and for us both be together in the uk next year.

 

cheers

[rasg]

You have almost all you need for a spouse visa using your last application. You need to remove the reason to return because you don't need it.

 

We have talked about this before and nothing has changed. TB test. 3300 baht.  Language certificate. £150. Go for A2 is Aoy'e English is good enough. It ls not much harder than A1 from what I have seen over the last couple of weeks and if the Government don't change the rules again it will take Aoy through FLR.

 

Differences between a VV and a Settlement visa. You need to supply original bank statements or have your Internet statements validated by the bank. I stapled each month together and has Santander stamp the first page of each and they were fine. You will need your work contract, payslips and probably a P60. Mortgage statements. Council tax.

 

Annual salary of £18600 or above, which you have. Marriage certificate and an English translation. Proof of relationship. A few wedding photos. As much proof you have got. Emails, Facebook, Whatsapp. Basic info about your house.

 

You need to complete the online form which is very similar to the VV form. You also need to complete Appendix 2.

 

You need to pay the NHS surcharge before you pay for the visa if I remember that bit correctly. £600. The visa lasts for 33 months.

 

A copy of your passport and the pages with your comings and goings to Thailand. Aoy's original passport with a copy. Aoy's ID card and copy.

 

As I said. You already have 90% of this from your previous application. Why on earth would you use a visa company or do you have money to throw away?

 

 

[zeichen]

First of all congratulations and good luck. It is an arduous process getting everything in order.  Getting married in Thailand is pretty easy.  Oh, if you have been married before, make sure that you have your divorce certificate, so that you can get married here.  The process for marriage here is quite simple and painless, takes no more than a few hours.

 

Usually when rejected many times for visas, they will create a hassle when applying for marriage visa. They want to know why denied before, then why keep applying and then why shift tactics and apply for a new type of visa.  They might flag her. If your purpose is to marry her and bring her over, perhaps contact an immigration lawyer or even contact your local immigration to find out. They will know if she has been flagged. Just state your case. 

 

It doesn't look that good to have a long distance relationship where you have only been together a few times. Try to get as much evidence as you can. Holiday photos. Pictures of wedding party with all her relatives. If you have any relatives or friends that can fly over for the wedding, that will look good too. 

 

I had a friend who married a girl here with the hopes of bringing her to the US but he didn't know that she had overstayed a visa there a few years ago and was denied her entrance for marriage. Now he lives in the US and she lives here for the next 3-5 years while the appeal process happens.

 

Hopefully, you will have nothing but good luck.

[theoldgit]

15 minutes ago, zeichen said:

Usually when rejected many times for visas, they will create a hassle when applying for marriage visa. They want to know why denied before, then why keep applying and then why shift tactics and apply for a new type of visa.  They might flag her. If your purpose is to marry her and bring her over, perhaps contact an immigration lawyer or even contact your local immigration to find out. They will know if she has been flagged. Just state your case. 

 

It doesn't look that good to have a long distance relationship where you have only been together a few times. Try to get as much evidence as you can. Holiday photos. Pictures of wedding party with all her relatives. If you have any relatives or friends that can fly over for the wedding, that will look good too. 

 

Just a couple of comments on this post.

The UKVI will not necessarily create hassle when applying for a marriage visa simply because visit visas have previously been refused, each application is treated on it's merits and in any case the criteria is totally different, with a visit visa the applicant has to satisfy the decision maker that they will return home, whilst for a settlement visa the couple will need to provide evidence that they're married, or have been living in a relationship akin to marriage for two years or more, meet the financial requirements and have suitable accommodation in the UK.
By all means mention the previous refusals if you think it adds anything to the application, and ensure you address any relevant issues which were in the previous refusals.

The UKVI specifically advise against providing photographs with the application, unless they ask for them, so don't waste your time collating photos to submit.

[mike1983]

thanks for the replies,

 

so getting married is actually as easy as everyone says? I know i have to go to the embassy whilst over there to start the process but is there anything I need to aquire from the uk before I leave?

 

wedding photos: will photos at an amphur count? will only be having something low key, as I will be saving for a traditional style wedding for next time I'm there, and other people say do not include photos now.....however I think it adds a bit of solidarity to the relationship  proof.

 

so the application is also pretty straight forward too? I thought it would be alot more complex, what does appendix 2 consist of? would it be wise to state about the refusals as that may think all the more about just getting married so she can get to the uk, which in reality is a reason however it is something we both want and we both want to be together as soon as possible rather than the long periods with not seeing each other.

 

I've definitely not got money to throw away, like I said thinking about using the guys at Thai visa as I've been informed they've never had a spouse visa rejected and at the cost of said visa it may be worth it.

[7by7]

4 hours ago, mike1983 said:

so getting married is actually as easy as everyone says? I know i have to go to the embassy whilst over there to start the process but is there anything I need to aquire from the uk before I leave?

 Only if you have been married before, in which case you'll need the original decree absolute or previous spouse's death certificate.

 

See Getting married abroad; Thailand; you'll se that, although there is a bit of running around to get the affidavit signed, translated and the translation stamped by the Thai MFA, the procedure is very straightforward.

 

4 hours ago, mike1983 said:

wedding photos: will photos at an amphur count? will only be having something low key, as I will be saving for a traditional style wedding for next time I'm there, and other people say do not include photos now.....however I think it adds a bit of solidarity to the relationship  proof.

Yes, photos at an ampur will count.

 

Although the guide to supporting documents under "Evidence of your relationship to your sponsor and any contact between you" does say

Quote

photographs of your wedding, civil partnership ceremony or other time spent together

that list is only suggestions and personally I think photos are of little value; anyone can knock up some photos at an Ampur, or even wedding style photos at a photographic studio. Up to you.

 

The only hard evidence that you are married is your marriage certificate.

 

However, you do need to present evidence that your relationship is genuine and subsisting. Such as evidence of your communication whilst apart (just that this has taken place, you don't need to include the contents!), evidence of any money you may have sent her, a copy of your passport to show how often and when you have visited her in Thailand.

 

4 hours ago, mike1983 said:

so the application is also pretty straight forward too? I thought it would be alot more complex, what does appendix 2 consist of? would it be wise to state about the refusals

At first sight the application looks complicated, but is actually pretty straightforward; but you must ensure that it is complete. Particularly the evidence that you meet the financial requirement. This is specified in both the financial appendix guidance and the immigration rules. Entry Clearance Officers have virtually no discretion over this; if the specified evidence is not complete they have little choice other than to refuse.

Click here to see Appendix 2

 

There is a section in the application about previous travel history. In that section she will be asked if she has ever had a visa application refused. Obviously she must answer truthfully. It may even help, as it will add to your relationship history, assuming you were her sponsor each time. They do keep records, and will find out about these refusals even were she to be foolish enough not to mention them.

 

Before applying you should read the UKVI guidance Apply to join family living permanently in the UK and the links from there.

 

4 hours ago, mike1983 said:

I've definitely not got money to throw away, like I said thinking about using the guys at Thai visa as I've been informed they've never had a spouse visa rejected and at the cost of said visa it may be worth it.

Do you mean Thai Visa Express?

 

They are the only visa agents in Thailand I feel confident in recommending. I don't know their success rate for settlement applications, though; you'd need to ask them. What I can say is that, unlike certain other agents, they will be honest with you and answer truthfully.

 

[rasg]

90% of Appendix 2 is almost a repeat of the info in the online application. Just a little more in depth.

 

I'm not sure why you are asking this again. I gave you all of the info for settlement in emails ages ago. I also explained that the Settlement visa was fairly simple to get because you don't have to provide a reason to return.

 

The best thing you can do is to create a new Settlement visa application on the website and take a look at the form and the info needed. You will find it is is almost identical to the Visit Visa application. Do the same with Appendix 2 on the link that 7by7 provided and take a look. Almost all the answers on the form are fairly straightforward.

[mike1983]

thank you all for the replies, I just think mine is not going to be as straight forward as others may have been, and any additional info to what you have also supplied could be of benefit.

[7by7]

26 minutes ago, mike1983 said:

I just think mine is not going to be as straight forward as others may have been,

Why?

 

Nothing you have said so far suggests that it would be.

[rasg]

Because his GF has been refused three times for a visit visa since last May. Each time on reason to return. I have explained more than once  that it shouldn't be an issue but it falls on deaf ears...

[7by7]

Indeed; my wife and step daughter were refused a visit visas for just that reason; but their settlement applications went through without a hitch.

[mike1983]

it's not that it falls on deaf ears, and i fully understand that a vv is different from a spouse visa,  my concern is that she will have never been to the uk with myself before and then is planning on coming to live.

[rasg]

1 hour ago, mike1983 said:

it's not that it falls on deaf ears, and i fully understand that a vv is different from a spouse visa,  

Read what 7by7 wrote before your post. I've only heard of a settlement visa being rejected because documents were missing. My wife was granted a Settlement visa after we had been together less than a year as you know.

 

my concern is that she will have never been to the uk with myself before and then is planning on coming to live.

 

I have said that to you more than once and the reason I originally suggested that you married in Thailand so that Aoy can work as soon as she arrives. Maybe leave it a few months and try again for a visit visa early in the summer and make sure you give UKVI all of the right info.

 

 

[7by7]

17 hours ago, mike1983 said:

my concern is that she will have never been to the uk with myself before and then is planning on coming to live.

 

There is no requirement under the rules for a settlement visa applicant to have visited the UK previously. Many spouse/partner applicants, including my wife, have been successful when they have not previously visited the UK.

 

This is a non issue; do not concern yourself over it.

 

[mike1983]

that clears that up, 

 

thank you

[rasg]

On Appendix 2 there is a section asking, have you met your partner before? Presumably to cater for people who are in cultures with arranged marriages. UKVI are used to this kind of stuff

[7by7]

It is a requirement under the immigration rules for sponsor and applicant in partner applications to have met in person at least once.

 

Appendix FM, family life as a partner, Section EC-P: Entry clearance as a partner

Quote

E-ECP.2.5. The applicant and their partner must have met in person.

 

[rasg]

Sure, but my point was that in Appendix 2, page 2 the first question is, "have you met your sponsor?".

[bobrussell]

When the settlement visa application is completed it requires any rejected applications be disclosed.

As visit and settlement visas are completely different these should have minimal effect on the application. Perhaps the only exceptions might be where ECO's have suspected fraudulent information. Even then it might only lead to a bit more scrutiny and never 'automatic' rejection.

If you provide the right evidence of the right quality that 'ticks all the boxes' then an application should be successful.

 

The applicant must have met the spouse in person to reduce the impact of forced marriages. It is not unusual for couples entering an arranged marriage to have met each other in a limited manner.

ECO's have to be sensitive to cultural norms!