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Tom, when we applied for the visa, we used an agency to ensure

that everything was correct, clearly...
Tom, when we applied for the visa, we used an agency to ensure that everything was correct, clearly they failed in this. What is your advice if we try to apply for another visa for a finacee? can we do it without an agency? I have tried to find a way to speak to someone at the embassy but there are no contact telephones and it appears that the emabssy in thailand has been contracted out to a Thai company. thanks Barbara
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Answered in 5 minutes by:
7/6/2011
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,636
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi

Thanks for your earlier accept.

What is the name of the agency?

Are you asking about a further application for a fiance visa (to settle permanently) or another application for a visitors visa?

Kind regards
Tom
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Customer reply replied 6 years ago

The agency was IEEC, in Korhat City.

As you have said that a visitors visa would not be likely to succeed, I was thinking we could apply for a fiance visa to settle permanently. I am concerned though as she would not want to be parted from her son and we would need to consider that it is not just her but would also include the boy. This is all getting very complicated as they have not yet decided to marry! would it be better for my son to go out to Thailand, marry her there and then apply for a spouse visit? I want to present him with the options he has.

Thanks Barbara

Hi,

Thanks for requesting me..

As a solicitor I would always say that you should instruct an immigration solicitor rather than an agency, but I genuinely do think that you get a better service.

I can’t find any details for that agency.

You cannot marry here and secure his permanent stay whilst he is only here visiting on a visitor's visa.

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

Alternatively, he can apply for a fiance visa so that she can come here specifically for the purpose of marrying him. 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 eligibility criteria. I have suggested basic documents above, but the list is not exhaustive. They key to a successful application is producing well-collated documentary evidence for the above criteria.

She will also have to pass and english language test showing she has a basic command of spoken and listening English. She can find out approved test providers in her 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 instructing a immigration solicitor based here in the UK to prepare an application for her (whichever way you decide to do it). You can find local solicitors via:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
It should cost around £1000-1500+ VAT.

Her child will have to be joined to the application as her dependent. It is perfectly fine for the child to come in this way, but obviously it will be subject to Thailand’s law on removal on children/children law.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have. Feel free to request me in the future.

Kind regards,


Tom
Thomas
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Experience: BA (Hons), PgDip, Practising Solicitor
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