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  1. #1
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    Visa to UK for Thai partner

    My Thai partner and I have been together for four years and she has twice stayed in the UK for periods of up to six months. We were planning to make this an annual event but I have recently been advised that at some time the visitor’s visa will be refused as the Border Agency considers this to be misuse of this type of visa.
    An alternative would be to seek a settlement visa but here too I am advised that this type of visa is extremely difficult to obtain when the parties are not married. I have read the Immigration Rules carefully and consider that we meet all the listed requirements.
    I ‘d be most grateful to hear from anyone with experience of either of these issues.

  2. #2
    loob lor geezer
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    Quote Originally Posted by peeseuuh View Post

    I am advised that this type of visa is extremely difficult to obtain when the parties are not married. .
    I would be interested to know who gave you this advice . Was it friends who have Thai wives or someone from the British Embassy Visa section. As far as I know, not being married should not be an issue when applying for a settlement visa providing you can provide good evidence of a long and stable relationship and adequate funds. It also helps if your partner has her own assets in Thailand , i.e. house or land. There is recognition in Thai and English law of a long term partner ( common law wife ) and this should be sufficient to proceed with a settlement visa.

    However, I was told this some years ago when making my own application for a settlement visa for my ex wife and times might have changed especially with all the new rules regarding immigration to the U.K. It would be well worth your while trying to establish the fact of the matter by speaking to someone in a position to know from the British Embassy or the Home Office. If you ask at the desk in the visa section in Rajdamri Road, I'm not 100 % confident that the Thais who man the desks could answer with authority so it might be better to deal with someone British from the actual embassy.

  3. #3
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    A friend got a SV on condition that they married in the first three months of his Thai girlfriend coming to the UK, but still a lot of bloody hoops to jump through before they got it.

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    I'm in the process of applying for a visa for the missus. There's a hell of a lot of paper work to post with the application and the ECO wants to know more about the sponsor than the person applying before granting clearance. I think that whoever gave you the advice might be a bit misled. As long as a sponsor for a visitors visa can produce strong evidence of income and accommodation in the UK and previous visa regulations for the girlfriend were honored then there really shouldn't be any issues for the ECO to grant another visitors visa.
    .

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    misses got her settlement visa last month, took about 7 weeks. it was hassle free.

  6. #6
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    Quote Originally Posted by oldgit View Post
    A friend got a SV on condition that they married in the first three months of his Thai girlfriend coming to the UK, but still a lot of bloody hoops to jump through before they got it.
    Unless the rules have changed, you only get a spouse visa if your married, or in a civil partnership. If they were intent on getting married in the UK, then a fiancé visa would be issued, whereby they have to be married within the 6 month duration of the visa.


    Quote Originally Posted by hopskimoet View Post
    I'm in the process of applying for a visa for the missus. There's a hell of a lot of paper work to post with the application and the ECO wants to know more about the sponsor than the person applying before granting clearance. I think that whoever gave you the advice might be a bit misled. As long as a sponsor for a visitors visa can produce strong evidence of income and accommodation in the UK and previous visa regulations for the girlfriend were honored then there really shouldn't be any issues for the ECO to grant another visitors visa.
    The main sticking point for most, is the reason to return, which has too be proved by the applicant, and not the sponsor. Having a job with a letter from the employer, stating the position will be kept open for their return usually goes a long way. However, if the girl is from a bar, then thats where the problems start.

    If someone has been before, and honoured their obligations (by returning to Thailand), then reapplying shouldn't really be a problem.
    Last edited by astasinim; 22-12-2010 at 12:00 AM.
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  7. #7
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    Good for her Lous Key, one down three more to go.

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    You are correct Astasinim, Wife tells me it was six months, could have been fiancee visa as I didnt look.

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    ^
    I wasnt 100% sure myself, as its been a while since we went though the process.

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    Things have changed a lot mate and still are ,its not getting any easier for sure ,, weve recently been throu all the crap and now the wife has full resident status .
    I am not sure , but on our final visit to the UKBA [at] croydon I was talking to a couple applying for their FLR and I am sure they told me now there is a language standard requirement before , fiancee / settlement type visa,s were now granted from the embassy in Thailand ,,, mabe i got it wrong but its worth looking into,,,,,,,,,good luck with it mate,,,, I dont envy anyone just setting out on all that nonsense now.
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  11. #11
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    With this language test,Is it written or verbal ?

    Just out of interest how did you Mrs get on with the U.K culture when she was over previously ?

  12. #12
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    Unhappy

    Quote Originally Posted by nigelandjan View Post
    Things have changed a lot mate and still are ,its not getting any easier for sure ,, weve recently been throu all the crap and now the wife has full resident status .
    I am not sure , but on our final visit to the UKBA [at] croydon I was talking to a couple applying for their FLR and I am sure they told me now there is a language standard requirement before , fiancee / settlement type visa,s were now granted from the embassy in Thailand ,,, mabe i got it wrong but its worth looking into,,,,,,,,,good luck with it mate,,,, I dont envy anyone just setting out on all that nonsense now.
    the language standard bit came in at the end of november. i think its easy enough, another few hundred quid though

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    When my wife did her Englishness test it was multiple answers on a computer and she had to click on the correct answer. I am sure the pond life have moved the goal posts and upped the fee,.
    When I signed a Downing Street petition on the rise in price for Visas, got an email from them saying they needed the extra money to deal with the illegal immigrants, next thing I read they were letting 300,000+ stay in England,
    They are just taking the piss. BLESS EM
    Last edited by oldgit; 22-12-2010 at 05:08 AM.

  14. #14
    Thailand Expat superman's Avatar
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    Once a visa has been obtained, how long do you get before it expires. I want a tourist visa for my wife in 2012. How long before you go can you apply for it ? Thanks

  15. #15
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    All of the marriage related type visa's are granted on the basis that both of you are going to live together in the UK. In my own case, when it became clear that we were basing ourselves in thailand and not the UK; the marriage visa was cancelled and we were told to use visitor visa's.

    If you are spending most of your year in Thailand and intend to continue, then visitor visa's are going to be what you get, because thats all you qualify for. Obviously long regular stays are going to make them suspicious that she might be doing some sort of work in the UK, which does happen.

  16. #16
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    Old Git is that the UK citizenship thingy your on about ?? I think so ,,,,,,,,but what I was mentioning I think now there is also a seperate English language standard test .

    Just a thought the OP doesnt say if he lives in Thai or the UK ,, I have a mate who lives in Thai and as far as I know he has made the visitor visa thing with his gf several times and has not ever been refused . He wouldnt be able to show proof of income from work or housing in the UK because he is retired in Thai ,, just a thought ,, mabe someone has said something to make you worry ,, mabe all turn out ok ,,good luck

  17. #17
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    Quote Originally Posted by Bangyai
    If you ask at the desk in the visa section in Rajdamri Road, I'm not 100 % confident that the Thais who man the desks could answer with authority
    Many thanks for the replies. I researched quite hard before making my post and reply at length in case it will help others.
    I return to the UK every because I like it and because an existing condition makes it probable expensive hospital treatment is likely at some time in the future. I don’t want to lose my entitlement to NHS treatment and even the retired do so if out of the UK for more than six months. That we continue to have a home in the UK and pay our taxes is not relevant.
    Visa applications seem to be a lottery. The Border Agency is not specific on what information is required and if you don’t get it right the application is rejected out of hand. They will not write or interview to clarify just one simple point.
    Tourist visas are for six months and from memory I think you can apply up to three months before. The visitor cannot receive medical treatment or work in the UK. Our first application was turned down for what seemed to be spurious reasons. The phrase “on the balance of probabilities..” [you are not considered to be a bona fide applicant] was used. I resubmitted virtually the same application with the addition of supporting letters from friends in the UK and Thailand providing an entirely different view of our relationship and the reason for the visit and was successful a couple of weeks later. We have obtained a second visa since then.
    I understand need for caution when granting visas and also know some sponsors try to mislead the authorities, but would like the system to be more empathetic.
    The Immigration Rules are published on the BA website as well as their attempt to provide a more understandable version of them. These provide for unmarried and same sex partners to apply for a settlement visa. You must be in a stable relationship of at least two years, have accommodation in the UK and sufficient means. There is nothing in the rules to suggest the unmarried are treated differently from the (legally) married.
    Before applying the partner needs to take the new spoken English test in Thailand. It is apparently very basic and must be with an approved tester who decides the fee. I emailed a Pattaya examiner a while ago but have received no reply as yet. There is no limit to the numbers of times you take the test.
    After two years the partner can apply for leave to stay permanently. First a ‘Knowledge of Life in the UK ‘ (KOL) test has to be passed with 75% or better. It is multi question and done on a computer. This will require the ability to read English to quite a good standard. I tried an alleged on line version the test and only just achieved 75% with a lucky guess. Don’t assume it is easy.
    As with its vagueness in other areas the BA does not say how much of the two years must be spent in the UK. Reading between the lines I completely agree with Hazz. I think it unlikely one would be allowed more than 90 days abroad in any 12 month period. But even then as the rules are not specific I can only guess. Neither the BA nor the Thai visa web sites appear to welcome enquiries which apparently should be made in Thailand anyway. Here I share Bangyai’s doubt that I would obtain an authorative reply if I enquired at the BKK desk.
    The fee to apply for a settlement visa is now in the region of Ł800. Goodness knows what the later costs amount to. A written enquiry of a Visa Agent in Thailand alerted me the probability that a Tourist Visa is likely to be refused at some future date and also that Settlement Visas for the unmarried are more difficult to obtain. I seem to be heading for a no win situation and this is a large sum with which to gamble. I am resentful too that I should feel obliged to increase the cost considerably by employing an agent. The fall in the value of the pound has already reduced income and savings by around 30% as we all know.
    Thanks Hazz for suggesting why a Tourist Visa may not be granted every year which had puzzled me. I’d still like to hear from anyone who has experienced these sorts of problems.

  18. #18
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    Quote Originally Posted by peeseuuh
    but I have recently been advised that at some time the visitor’s visa will be refused as the Border Agency considers this to be misuse of this type of visa.
    who advised you of that? there is nothing in the regs to stop people coming and staying for the validity of their visa
    Quote Originally Posted by peeseuuh
    I am advised that this type of visa is extremely difficult to obtain when the parties are not married.
    the regs for a settlement visa are clear - you do not have to be married but you would have to prove you are in a stable relationship; not difficult if you have travelled to the Uk before several times
    I have reported your post

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    Quote Originally Posted by peeseuuh
    A written enquiry of a Visa Agent in Thailand alerted me the probability that a Tourist Visa is likely to be refused at some future date
    I think he wants more business; there is nothing in the regs to back up that statement

  20. #20
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    There is absolutely no reason why you should employ an agent. You say your gf has had a visa before, so reapplying should be easier, and you don't have to be a genius to fill out the forms.

    1. You know what evidence is required to be successful.
    2. You gf has already proved herself to the embassy, so obtaining subsequent visa`s should be easier providing she plays the game.

  21. #21
    euston has flown

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    One of the issues I think you might face getting a settlement visa or lots of visitors visas is going to be suspicion of the nature of your relationship and why you have not got married.

    My experiance is that the people processing visa applications can get very cynical over time and if you think about it; from their perspective what the difference between a settlement visa application for a couple living in a common law marriage and a man hiring a long term escort? if you want to get the visa you need to think how you can provide evidence that your relationship is of the first type and not the second.

    Personally I wish you the best of luck. I think it would be helpful to others for you to report your experiences back to the forum because most people in your situation just give into the pressure to conform and take the easy way, by getting married.

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    Seems to be a mixed up post ?? or is it just me ??
    First your talking about visitor visas then you seem to be quoting lots of info about settlement visas ,,
    I wouldnt worry too much about that being outside the UK 6 month rule ,, ( at the moment ) I know of 2 people that have been out for over 2 years and this year recently have ben back and recieved cancer treatment ( successfully ) and now gone back off again.

  23. #23
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    Sounds like you (the OP) are ridiculously overcomplicating your life (illustrated by the essay-like posts).

    Just marry her and get a spouse visa like everyone else.

    The complete omission of any mention of marrying her in your posts is a bit odd, seeing as though you present yourself as being in a long-term thing with her.
    You can sort out various bits of paper to protect your assets, if that's the issue... you don't need to spend loads (or much if anything) or make a big deal out of a wedding.

    ...so when you say "partner", and "she", is there more to this scenario, than you're letting on?


    Quote Originally Posted by peeseuuh
    the Border Agency considers this to be misuse of this type of visa
    You mean, they have some reason to suspect that something might happen that would normally require a work or fiance visa? They tend not to like people "changing their plans" whilst already in the UK on one type of visa.

    Quote Originally Posted by peeseuuh
    an existing condition makes it probable expensive hospital treatment is likely at some time in the future
    Sounds ominous... and sounds like there's financial reasons for the visa rejections.

    Quote Originally Posted by peeseuuh
    Our first application was turned down for what seemed to be spurious reasons. The phrase “on the balance of probabilities..” [you are not considered to be a bona fide applicant] was used. I resubmitted virtually the same application with the addition of supporting letters from friends in the UK and Thailand providing an entirely different view of our relationship
    What's spurious about the reasons? What's "entirely different" about your relationship? [raises eyebrow]

    Quote Originally Posted by peeseuuh
    I tried an alleged on line version the test and only just achieved 75% with a lucky guess. Don’t assume it is easy.
    Life in the United Kingdom - The Official Practice Citizenship Test
    I got 50%, what a pile of shite... They could simplify life by just having one question "Are you white?" (..or do you carry haplogroups at rates of 75%+ R1b and 5%+ I1a), then we'd be spared having to endure researching through the micromanaging hell the fascist Labour party inflicted on this country over 13 years.

    Quote Originally Posted by peeseuuh
    As with its vagueness in other areas the BA does not say how much of the two years must be spent in the UK.
    I bet you there's a piece of documentation somewhere that does say that... seriously, that's the sort of thing that does get put on some paperwork, albeit in completely indecipherably civil serpentese...
    Last edited by CaptainNemo; 24-12-2010 at 06:03 AM. Reason: The arithmetic of the emotions

  24. #24
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    Quote Originally Posted by hazz
    My experiance is that the people processing visa applications can get very cynical over time and if you think about it; from their perspective what the difference between a settlement visa application for a couple living in a common law marriage and a man hiring a long term escort? if you want to get the visa you need to think how you can provide evidence that your relationship is of the first type and not the second.
    I thought about it and your post doesn't make sense

    they don't care who you are living with or having sex with, as long as you can show that she does not want to overstay or work illegally, or use the benefit system
    Quote Originally Posted by CaptainNemo
    ...so when you say "partner", and "she", is there more to this scenario, than you're letting on?
    also, they don't care if you are in a homosexual relationship

  25. #25
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    Quote Originally Posted by peeseuuh View Post
    The phrase “on the balance of probabilities..” was used. I resubmitted virtually the same application with the addition of supporting letters from friends in the UK and Thailand providing an entirely different view of our relationship and the reason for the visit and was successful a couple of weeks later.

    I seem to be heading for a no win situation and this is a large sum with which to gamble..
    Well, whatever you decide, IMO the British Embassy is on a nice little earner. I have now read of many cases where the initial application was refused only to be granted a later with a little more paperwork. It seems that it doesn't take much to produce a complete volte face from the British Embassy and that they are not adverse to having their palms tickled with paper.

    I had to use the notary there to sign some court papers that had been sent to me from the U.K. in connection with my divorce. The notary signed in the wrong place and all the paperwork was returned to me again for resigning. At the embassy they had a very ' tough shit ' attitude and I had to pay again for the service of their notary even though it was their mistake.

    It gives the impression that the foreign office expects its embassies to be a lot more self financing than used to be the case

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