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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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I have a girlfriend who is a thai national living in Thailand,

Resolved Question:

I have a girlfriend who is a thai national living in Thailand, I am a resident british citizen .
She has a Thai passport.

I want a visa for her to live with me in this country for less than six months.

We are considering marriage in the future , but she would return back to Thailand and possible marry there , with a later uk ceremony.

I am finacially secure , and she has an accounting degree and is currently working as a department manager in a plc.with responsibilities for export etc.her

Her spoken English is resonable,whilst her writing and reading in English is very good.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

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)
• The application will have to be supported by evidence proving the above eligiblity criteria. I have suggested basic documents above, but the list is not exhaustive.

She will also have to pass and English language test showing She can find out approved test providers in his area by contacting the UK embassy nearest to her.

You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website


You should consider instrucitng a immigration solicitor to prepare an applicaiton for you (whichever way you decide to do it). You can find local solicitors via:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law


They should charge in the region of £700-1000 + VAT for either application.

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom
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