A Few Questiosn About A Fiance Visa

[JELLIS1000]

Hi, to confirm, its a VAF1 that she fills out, also we are engaged but not married, is she classed as my spouse and are we in a civil partnership?

Thanks

Jimmy

[the scouser]

You should complete a VAF2 application form and tick the box that describes your girlfriend as your fiancée. She will only become your spouse once you are married, and civil partnerships relate to same-sex partners.

Scouse.

[JELLIS1000]

You should complete a VAF2 application form and tick the box that describes your girlfriend as your fiancée. She will only become your spouse once you are married, and civil partnerships relate to same-sex partners.

Scouse.

That form says its for a settlement, I live in Thailand and the only reason we plan to go back to the UK is for the Mrs to meet the parents and get married later in the year.

Thanks in advance.

[vinny]

If your intention is just to visit the UK for short periods rather than settlement, then the non-settlement application form VAF1 will be appropriate. As Scouse previously suggested, if you plan to marry in the UK while you are visiting then apply for the visit for marriage visa.

[Mahout Angrit]

That form says its for a settlement, I live in Thailand and the only reason we plan to go back to the UK is for the Mrs to meet the parents and get married later in the year.

Get married where? A fiancee Visa is intended to allow her to go to UK as your fiancee and then change it to a settlement Visa once you are married there. You must marry within the 6 month validity of the Visa. It is not expected you will return to Thailand. As said if you live in Thailand and she wishes to visit UK then she is a visitor and applies for a Visitor Visa as she will be even after you marry if you are living in Thailand.

[JELLIS1000]

That form says its for a settlement, I live in Thailand and the only reason we plan to go back to the UK is for the Mrs to meet the parents and get married later in the year.

Get married where? A fiancee Visa is intended to allow her to go to UK as your fiancee and then change it to a settlement Visa once you are married there. You must marry within the 6 month validity of the Visa. It is not expected you will return to Thailand. As said if you live in Thailand and she wishes to visit UK then she is a visitor and applies for a Visitor Visa as she will be even after you marry if you are living in Thailand.

I think we will go for a settlement visa, we will be spending at least the last 4 months of next year in the UK so I don't see why not.

[Mahout Angrit]

I think we will go for a settlement visa, we will be spending at least the last 4 months of next year in the UK so I don't see why not.

I do, a four month visit is not considered settlement, its a visit. You must be married first before you can apply for a settlement visa, you will need a job and place to stay in UK.

If you just intend to visit UK to get married and then leave, then as already advised you should look at 'visit for marriage' visa and read the links given by Vinny above to see how your situation fits the Visas available.

Edited December 29, 2006 by Mahout Angrit

[GU22]

You must be married first before you can apply for a settlement visa

This is news to my step-daughter, who obtained a settlement visa when she was 9 years old and not married to anyone!

A fiance visa is a type of settlement visa.

Pedantry moment over.

Jimmy, what exactly are your plans?

You should only apply for a settlement visa if you intend to settle long term in the UK.

If you intend to travel to the UK, marry and then live in the UK, then it is a fiance visa that you want.

If you want to travel to the UK, marry and then return to Thailand to live then it is a visit for marriage visa that you want.

If you just want to visit your family before returning to Thailand to marry there, then it is a social visit visa that you want.

[Mahout Angrit]

You must be married first before you can apply for a settlement visa

This is news to my step-daughter, who obtained a settlement visa when she was 9 years old and not married to anyone!

A fiance visa is a type of settlement visa.

Point taken, going to have to be more specific with my wording, the comment really was in respect to the OP and his fiancee. I suspect your 9 year old only got it because your wife was married!!! funnily enough I have a 9 year old who got one too.

[JELLIS1000]

Thanks peeps for the advide, these are our plans:

I wish the Mrs to come to the UK to meet the folks and for us to get married, I have property in the UK and Thailand so we can stay in either, we will be staying in the UK for long periods of time and when we eventually have kids will stay in the UK long term, it sounds like the settlement visa is the best one to go for, if we get a marraige visit visa then we will be applying for a settlement at a later date anyway.

Please advise.

Thanks

[GU22]

Only apply for a settlement visa when it is your intention to settle in the UK.

From what you have said you appear to have three options at the moment.

1. Fiance visa.

Lasts for 6 months, during which time you must marry and apply for Further Leave to Remain in the UK. This lasts for 2 years and at the end of that period she will need to apply for Indefinite Leave to Remain in the UK. She cannot work until she has FLR.

During the term of her FLR she can leave the UK as often and for as long as she wishes, however when she comes to apply for ILR she will need to demonstrate to the Home Office's satisfaction that the UK is her main residence. Obviously this may be difficult to do if she has spent large amounts of time in Thailand, especially if she has spent more time in Thailand than in the UK.

Once she has ILR she can spend as much time outside the UK as she wishes, but if she is out of the UK for a continuous period of 2 years or more her ILR will lapse.

When she has been a UK resident for 3 years and has ILR she can apply for naturalisation as British; both Thailand and the UK allow dual nationality so doing so will not effect her rights as a Thai citizen in any way. Once she has British citizenship she can leave the UK for as long as she wishes, the same as any other citizen. However, there is a residency requirement to qualify for citizenship. During the three years prior to her application she must not have spent more than 270 days in total outside the UK with no more than 90 days in the final year.

2. Marriage visit visa.

Issued so she can come to the UK to marry. She must leave the UK when or before the visa expires and cannot convert it to settlement in the UK.

3. Social visit visa.

Will allow her to visit your family with you, but you will not be able to marry in the UK. She will have to leave when or before the visa expires.

If you are married and living together in Thailand then obtaining visit visas to see your family in the UK should be a simple procedure, indeed, after the first one, she will probably be able to get a long term one, although due to the introduction of biometrics the Bangkok embassy is currently not issuing 5 or 10 year visit visas

With visit visas she could spend up to 6 months at a time in the UK, but would not be able to work. Also if it appears that she could be spending more than 6 months out of any 12 in the UK she may be refused entry, unless she can show an exceptional reason for spending so much time here.

If you decide on visit visas at first, there is, of course, no reason why she cannot apply for settlement at some time in the future. As, presumably, by that time you will be married then she would apply for a spouse visa to settle in the UK as your wife. This lasts for 2 years, at the end of which she applies for ILR as above.

Which visa to apply for at this time is your decision, I hope this information helps you to make that decision.

[JELLIS1000]

Thats great thanks, why can't it expalin it in those terms on the embassy website!!

The marraige visit visa, if we did that one, spent the 6 months in the UK, we would then have to retun to Thailand and re-apply for either social visas or the settlement if we did indeed intend to settle - is that right?

Thanks again.

Jimmy

[JELLIS1000]

Hi again, the Fiance visa that has been mentioned and means that we have to get married during the 6 months - is that on a VAF1?

Thanks

[Mahout Angrit]

The marraige visit visa, if we did that one, spent the 6 months in the UK, we would then have to retun to Thailand and re-apply for either social visas or the settlement if we did indeed intend to settle - is that right

Yes, thats right and it should be straightforward

Hi again, the Fiance visa that has been mentioned and means that we have to get married during the 6 months - is that on a VAF1?

VAF2 as already answered in post 2 above

[JELLIS1000]

Hi, once again, thanks for all the advice and forgive me if I sound dumb, I have read through everything and all of the same information is required for all the visas, i.e where we will live, money etc, the fiance visa mentioned already is on the settlement form and we have to get married within the 6 months and can then apply for Further Leave to Remain, the marraige visit visa is on the VAF1, get married and return to Thailand and the visit visa is also the VAF1, visit but can't get married and have to come back to Thailand.

Is that correct?

Jimmy

[JELLIS1000]

Oh and of course the wedding day booked etc, we have this for May.

Thanks

[GU22]

the fiance visa mentioned already is on the settlement form and we have to get married within the 6 months and can then apply for Further Leave to Remain, the marraige visit visa is on the VAF1, get married and return to Thailand and the visit visa is also the VAF1, visit but can't get married and have to come back to Thailand.

Is that correct?

Yes.

A fiance visa is a type of settlement visa, so use the settlement form; VAF2.

A social visit visa and a marriage visit visa are both a type of non-settlement visa, so use the non-settlement form; VAF1.

The marriage visit visa, if we did that one, spent the 6 months in the UK, we would then have to retun to Thailand and re-apply for either social visas or the settlement if we did indeed intend to settle - is that right?

Yes.

However, for a spouse visa showing you are in a genuine marriage is not enough, you also need to satisfy the The maintenance and accommodation requirements (as one does for all visas).

For a social visit visa, obtaining one immediately upon your return to Thailand may be difficult if it appears that your wife could be spending more than 6 months out of 12 within the UK.

[JELLIS1000]

Thanks, fiance visa it is then.

You folks are great.

Jimmy

[JELLIS1000]

AAARRRHHH, just been thinking, I know I jnow, New year etc should really try and stop doing that, anyway, I currently work offshore and am working 8 weeks on and 4 off, this is due to change in March to 6 on 4 off, the thought was will the embassy think that I won't be there enough for the fiance visa if the Mrs stays in the UK, whereas if we go for the marraige visit visa then the Mrs can fly to the UK when I will be there, either way she will be quitting her job in the hotel when she gets a visa, so there won't be a massive incentive to come back to Thailand as I know that she will love it in my town with my family and friends as shes already met them all - right once and for all, marraige visit or fiance?????????????????? come on come on!!!!!

Thanks

Jimmy

[JELLIS1000]

Another question, what is the maximum time that we can ask for on the marraige visit visa, i.e 6 months, 1 year etc and I know that the maximum time spent can only be 6 months at a time.

Thanks

[phibunmike]

That form says its for a settlement, I live in Thailand and the only reason we plan to go back to the UK is for the Mrs to meet the parents and get married later in the year.

Get married where? A fiancee Visa is intended to allow her to go to UK as your fiancee and then change it to a settlement Visa once you are married there. You must marry within the 6 month validity of the Visa. It is not expected you will return to Thailand. As said if you live in Thailand and she wishes to visit UK then she is a visitor and applies for a Visitor Visa as she will be even after you marry if you are living in Thailand.

I think we will go for a settlement visa, we will be spending at least the last 4 months of next year in the UK so I don't see why not.

I have just come back from a two week holiday in the UK with my Thai wife. We only have the Buddhist ceremony, not an Amphur (legal) wedding. We applied with VAF1 - the first time you can only apply for 6 months, subsequent applications can be for longer. Her first application was refused (within a day) and the 2nd was succesful (two days). This was in Singapore. Be warned that it is NOT sufficient to simply provide everything they ask for. Take note of the requirements that they have to be satisfied about, and make sure you supply documentation to cover each point: Will she return to Thailand after the holiday ( a ticket is not enough, show property ownership, family resoponsibilities etc.) Can she support herself while there, and in case of sickness not require NHS (bank statements required, but if a large deposit recently must also show where it is from). etc. etc. The requirements are listed at the front of the form.

They will not take your word for it that she is your fiancee. As our wedding is not legal, I submitted (the 2nd time) wedding photos, wedding invitations, wedding cards. I also submitted letters from my mother and brother to state we were married and coming to UK for a holiday. Use overkill, it will save you doing it twice (and paying twice - an appeal is free, but can take 8 months). I submitted land deeds in her name, photos of our house, etc. to show she would be returning to Thailand. I don't know which of all these things made the difference, but more seems to better than less.

Good luck

[Mahout Angrit]

what is the maximum time that we can ask for on the marraige visit visa

The marriage visit visa will give her upto 6 months in UK

I currently work offshore and am working 8 weeks on and 4 off, this is due to change in March to 6 on 4 off, the thought was will the embassy think that I won't be there enough for the fiance visa if the Mrs stays in the UK, whereas if we go for the marraige visit visa then the Mrs can fly to the UK when I will be there, either way she will be quitting her job in the hotel when she gets a visa, so there won't be a massive incentive to come back to Thailand as I know that she will love it in my town with my family and friends as shes already met them all - right once and for all, marraige visit or fiance?????????????????? come on come on!!

Jimmy the choice is not really which visa any more or what you want it's what your fiancee wants to do. Does she want to be in th UK either alone or with your relatives for 4 months in a five month period, no transport, strange customs, unfamiliar language. Would you want to be left in her home in Thailand under the same conditions? There have been guys on this forum who's GF is bored while they are at work in their day job!! Do you think she will settle? If you go for the fiancee visa you will be expected to change for a settlement visa which means her settling in UK. GU22 has given you the conditions she must satisfy, will she? is she likely to want to go back to Thailand to wait for you? If you go for the marriage visit visa when she returns to Thailand within a couple of months she can apply for a 2 year or even 5 year visit visa(although she may only get a 2 year initially) This allows her to visit UK as often as she wants (in the 2 or 5 year period) but cannot stay in UK more than 6 months in any one visit and should not stay in UK for more than 6 months in any one year. She could then be in UK everytime you come back from offshore and wait for you amongst her friends and family in Thailand. If you give enough evidence of your job and your working schedule, your marriage etc I would think she should get the 2 year visit visa. Only you and your fiancee can decide, you should apply for the visa which suits your requirements, not the one that seems the easiest or less trouble.

[JELLIS1000]

We will be applying for a marraige visit visa. Tell me what you think. I have lived in Thailand for 4 years, we have been together for 3 and engaged for 2 BUT we never thought about the visa thing until recently, we have literally 1000's of photos from the beginning from the village, with my family whilst in holiday etc but not with dates, we have been to Singapore, Hong Kong and have tickets, same with islands around the country from Koi Samui to Koi Chang Phuket etc, I have 4 condos in Pattaya and a flat in the UK, the Mrs doesn't have any land, or family responsiblites no kids etc, for the last 14 months she has been working in a hotel which is a proper Thai company with payslips, contract etc, we have a wedding booked in the UK for May, as I said I have only just started working offshore and will start 6 on 4 off from March and thanks to the advice on here if she gets the visa then she will return to Thailand and continue to work, they have been great at her work with regards to the time off, also in May being a quieter time of year and she won't be the 1st girl there to visit overseas and return to work. I have letters from my parents inviting us to stay there. The Mrs also has 2 banks account (not much cash in them) but they were both opened using my address as the contact address so she has a letter from the banks saying that, the earliest one was from over 2 years ago. I have mails from the last 6 months whilst i've been working and we have phone records from when I have gone back to the UK in the last couple of years for friends weddings etc. The wedding day in the UK has been been booked by me Ma believe it or not and she has the date, our names etc on a letter from the registry office as confirmation. I have about 10 grand in the UK bank (by the tmie we go home in May will be 16 as im at work now) and about 70,000 baht in my Thai bank

What do you think then folks, what are our chances?

HAPPY NEW YEAR TO ALL

Jimmy

[the scouser]

From the circumstances you've described, I'd say very good.

Scouse.

[GU22]

you should apply for the visa which suits your requirements, not the one that seems the easiest or less trouble.

Possibly the best piece of advice ever given on this or any similar forum! If everyone followed it there would be far fewer refusals, IMHO.

[atlastaname]

you should apply for the visa which suits your requirements, not the one that seems the easiest or less trouble.

Possibly the best piece of advice ever given on this or any similar forum! If everyone followed it there would be far fewer refusals, IMHO.

Talking generally, and not in relation to the OP this time, the above is far from always being true. Sometimes people just can't get the visa that best suits their requirements and so have to go for something easier but in the end not what they really wanted .

Example, chap wants his g/f to visit him in the UK . She's a normal Thai without anything of substance (don't mean that to sound so patronising as it does) and for whatever reason its refused. Little chance of addressing the refusal so in the end the chap decides to marry her faced with the choice of having to break up or marry. They marry , get a settlement visa , and live happy ever after in the UK. If i had a tenner for every time that exact scenario has happened i would be the richest guy on this forum. That frivolous point has a more serious underebelly , which is that all the time our immigration system is as difficult as it can be for SOME Thais (and indeed any race) , then although we often apply for the visa that best suits our needs the first time , ultimately many have had to go for something they really didn't want because refusals can not always be addressed. I'm not trying to be controversial this early in the new year, but i really can't see why going for the easiest way out is not SOMETIMES the right thing to do .... as with many aspects of life.

[JELLIS1000]

I feel that we are applying for the visa that best suits our requirements according to the visa criteria.

Thanks and Happy New Year

[Mahout Angrit]

I feel that we are applying for the visa that best suits our requirements according to the visa criteria.

Thanks and Happy New Year

I think you are too, you look very prepared, good luck, let us know how it goes