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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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If i manage to obtain an entry visa for a Thai lady for 6 months

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If i manage to obtain an entry visa for a Thai lady for 6 months to UK 1.Can the renewal of that visa be made in a European country or has it to be outside Europe?
2. How long would the exit need to be...
3. could we get a renewal visa or at least apply for one in a country nearer than Thailand and hopefully repeat this. (less expensive than travel all way to Thailand)
I have known the lady and kept contact with her since 2003 and had 2 attempts turned down for visa...No sinister reasons for that..Have every hope the third attempt might be successful. I could purchse a round trip open ended air ticket to retain as supportive of return intentions though I would wish her to be here as long as possible. maybe later try for residency here with me as total supporter..I have sufficient funds. but not unlimited.
I asked the home office if i could employ this lady as my carer intending to support and pay her with future benefits. This would save UK support being needed, for her and myself as a retired person. I am long time single and prefer to remain so.
Hope you can assist NH
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi NH,

 

What were the grounds for the two previous refusals?

 

Did you attempt to apply for a mutli-entry (eg. 2, 5, or 10 year visa)?

 

Tom

Customer: replied 3 years ago.

First refusal (not certai) but think it was because the lady had been to HKong and told she had returned to Thailand a day late..this she said was not true they had made a mistak; but would not listen.... Second time it was a Thai lady interviewer at the Embasy in BKK and she asked reasons for her wish to visit. uk ,.. One answer was to meet my mother..then was asked what my mothers name was...she did not know this as her English is limited and that name had not occured in our conversations much. Just as I do not know her mothers proper name only her popular easy to remember name of Tip

It was just a part of reason to visit and such a trivial thing...My mother is now dead.. she was in a nursing home at the time so would only be visited ,not living at home..

I wrote to the embassy complaining of this trivial reason. I had a reply from a guy named AllXXXXX XXXXX he just responded saying Just because refused twice does not mean she would be refused again.. but with costs each time( at least a £1000 a trip) and nothing certain from that answer, plus conversations with others having such difficulties, I lost confidence and prefferred to send her some supportive funds rather than probably waste more trying. There were many agencies offering to get visas but I did not trust them. It is not in my nature to risk wasting such funds. I have invested my business acruements in a large detatched house to safe guard my assets during the recession. Am shortly going to downgrade as my needs are less and to follow plans as intended. This will resume adequate ready funds to use as I please and still afford a good standard of living for more than myself as necassary. Just dont trust English women from past bad experiences.

Expert:  Thomas replied 3 years ago.

Hi,

 

Did you instruct a solicitor to prepare her visa application(s) for her?


Tom

Customer: replied 3 years ago.
No just enterred it ourselves...Didnt trust the comercial offers that others had been missused by.
Expert:  Thomas replied 3 years ago.

Ok.


What specifically would she be doing? Caring for you? Unpaid?

 

What is the nature of your relationship - is she your friend or partner?

Tom

Customer: replied 3 years ago.
I see her as a friend..I dont want to say I would pay her as that would mean she would need a work permit that I doubt would be possibl;e but am not looking for free work . so would be making her a gift as needed and at some later date.. I am much older you will have sumised. She is good company for me and i am security for her future. I might take it further if it was necassary to have someleagl bonding. But prefer her to have choice of freedom.
Customer: replied 3 years ago.
I am seeing myself as her sponsor I would say...My house is what I can show as ability to support this valued just under Half a million and will downgrade soon as dont need this size as explained it was investment.
Expert:  Thomas replied 3 years ago.

Hi,


Thanks for your reply.

 

Firstly, I think you should instruct a solicitor to prepare an applicaiton for a mutli-entry visitor's visa for a periof of either 5 or 10 years. This would provide the flexbility you need in terms of avoiding future applications (if granted).


The reason I would suggest you instruct a solicitor is because the UKBA is bound, after getting past the aforementioned reasons for refusal, to have some reservations about the status of your relationship in that they may assume 1) that you are actually in a relationship akin to a man/wife or boyrfriend/girlfriend and therefore the application is not appropriate OR 2) that she is a de facto worker, this being prohibited as a condition of a visitor's visa.

 

You have to therefore convince them that she and you are friends and nothing more. This would be in the form of statutory declarations executed by you both confirming the history of your relationship including documentary evidence (correspondence, evidence of yoru meeting previously etc) and swearing as to the nature of the relationship continuing whilst she is here.

 

You also have assure them that this is not to be a form of work, she can do this in here stat dec confirming that she is your friend and cares for you and would like to assist you periodically in the uK. Both parties would have to confirm that there would be no money changing hands nor would what she would do be a form of unpaid work.

 

You will have to submit bank statements and evidence of your ownership of property/other assets which are available to cover the costs of her expenses.

 

If the visa is granted then she could not spend more than 6 months in any 12 month period in the UK.


That is your better option if you are not to marry and then obtain a spouses visa for her.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

Customer: replied 3 years ago.

Dont quite understand your paragraph about best option if not to marry (and then obtain a spouses visa) the bracketed words do not seem to be running along with the previous part. \\maybe just me not understanding?

Just one things more ; if i was to marry her Say in Thailand before applying...would that improve things? or maybe marry here but i know that would need to be a stated intention before they would consider .....I met a guy who had married and he still only achieved a six month visa for his wife...Though i dont know what happened in later months..:no contact to ask him.

Expert:  Thomas replied 3 years ago.

Hi,

 

Sorry for the confusion.

 

I meant that if you are not going to get married and then subsequently apply for a spouses visa then the multi-entry visitor's visa is the best option for you.

 

If you were to marry her then you have two options:

 

 

You can either marry in Thailand and then apply directly for a spouses visa. Once application, one application fee.


Alternatively, you can apply for a fiance visa so that she can come here specifically for the purpose of marrying you. Once married she would then have to apply for a spouses visa (settlement). Two applications, two application fees.

 

The eligibility criteria is largely similar for both applications.The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.

 

Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-

 

  • You plan to marry within 6 months of her arriving here (egg. statements from you and others, possibly a booking of a church/venue)
  • You plan to live permanently together here (statements, correspondence)
  • You have met each other before (eg. statements from you both and others, correspondence)
  • You can support each other without the need for public funds (bank statements, evidence of income, evidence of jobs available that your husband could do)
  • You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • That neither of you are younger than 21 years of age. (birth certificates, passports)

He will also have to pass and english language test showing he has a basic command of spoken and listening English. He can find out approved test providers in his area by contacting the UK embassy nearest to him.

 

On the basis of the earlier applications where you have not demostrated that you are in a relationship they will probably have doubts about the genuineness of the marraige. If you can satisfy them that it is not a sham marriage and you meet the above crtieria then you shoudl receive a fiance/spouses visa. Certainly though with this applicaiton you should instruct a solicitor to prepare the application and advise you specifcally on the liklihood of approval prior to marriage.

 

Trust this clarifies, if so please click accept.


Kind regards,


Tom

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Experience: BA (Hons), PgDip, Practising Solicitor
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