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UK Settlement Visas for Fiancees, Wives, Partners, Children





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We offer a full visa service with friendly, initial advice or visa assessment available 9am-6pm Monday-Friday by telephone in the UK and Bangkok, E-mail or through our online forms. Please do not hesitate to contact us.


For our THAI language website please click here: http://www.orchidofsiamvisas.info


The UK SETTLEMENT VISA also referred to as a Fiancée or Marriage Visa, is an entirely different type of visa to a tourist visa. Here the emphasis is on the UK national who is sponsoring the applicant to be able to join him/her as a fiancée or husband/wife. The sponsor must prove that he/she can support and accommodate the applicant adequately without recourse to public funds, you must also prove the fact that you are married or intend to be in the near future, and that there is an existing and substantial relationship.

The documents required to prove all this will vary from case to case but we will inform you accordingly and discuss the best method of satisfying the requirements. These types of visas need to be very carefully prepared and managed as they are often completely life changing applications and the consequences of failure can be disastrous.

This type of visa should be regarded as one that can lead to settlement in the UK.

Please note that from 27th November 2008 the age requirement has been raised to 21 years old for both the sponsor and the applicant in fiancee and married partner applications before a visa can be applied for.

All settlement visas MUST be applied for online only which we obviously do for our clients, this is a long process with an average of 175 questions to be answered correctly and it is not possible to change an answer once the application has been submitted online. If a change is required a completely new application must be made. It is very important that all Thai language details are accurately translated into English in order to complete the form correctly and the necessary translations are included in our service fee.



MARRIED PARTNER VISAS


This visa is for people who are already married. If you have been married for over four years indefinite leave to remain in the UK may be granted if the language and citizenship knowledge requirements for ILR have been met. In all other cases a probationary visa valid for two years from the date of issue will be given after which further leave to remain or indefinite leave to remain will need to be applied for in the UK. Since 29th July 2008 visas have been issued with a validity of 27 months as many people do not travel immediately the visa is issued. This then allows about three months to travel to the UK and still leaves time to complete the 24 month residency requirement for indefinite leave to remain. This must still be applied for approaching the end of 24 months in the UK.



FIANCEE VISAS




In order to obtain a fiancée visa a wedding in the UK may be provisionally booked at an Anglican Church or a registry office but this is not a requirement.


After your marriage in the UK form FLR(M) must be completed to allow your wife to start her two year probationary period and allow her to remain in the UK. The application must be made before the expiry of her fiancée visa.

Please note that a fiancee is not normally allowed to use the National Health Service other than as a fee paying patient and if she is pregnant at the time of application you may well be asked to deposit a large amount of money with your local NHS trust before a visa will be granted. After you are married and her two year visa has been granted she is entitled to use the NHS for free if her husband is qualified to use it.




CIVIL PARTNERSHIPS


For same sex couples wishing to have a civil partnership ceremony in the UK the requirements under the immigration rules are exactly the same as for a fiancée. Since 27th November 2008 both parties to a proposed Civil Partnership visa for the UK must be over 21 years of age. Civil Partnerships are not possible in Thailand.



UNMARRIED PARTNERS


Any couple who can prove that they have lived together for a minimum of two years can apply for a UK settlement visa for the non British partner but they must both be over 21 years old.



CHILDREN


For all the above visas a child or children can be admitted to the UK at the same time as the parent but a separate fee is payable to the Embassy for each child and a seperate visa application form must be completed in full for each child.

Children over 10 years of age may be interviewed, this is not a formality. Children aged 10-14 may be interviewed in the presence of a responsible adult. Children over 14 are not interviewed in the presence of an adult. The interview is to asess the current situation of the child compared to other Thai children and to determine if there are any compelling or compassionate circumstances as to why the child should be allowed to enter the UK. In legal parlance these interviews are deemed to be 'hostile.'

It is not enough that a sole custody order has been isuued or that the sponsor is a parent. We will fully advise clients on how to meet the requirements.

For children under 10 the Embassy may interview a parent or guardian.

A 'child' over 18 years of age can apply as a dependant relative in only the most exceptional compassionate and compelling circumstances.




TB = TUBERCULOSIS


Applicants for UK visas of over six months duration from Thailand require a TB test conducted under the supervision of the International Office of Migration before they can apply for a visa. Our Bangkok office advises applicants on this and can book an appointment on their behalf. Tests can only be done in Bangkok.



ACCOMMODATION REQUIREMENTS


In all cases it is necessary to show that there will be adequate accommodation for the visa applicant and everybody else living at the same address. For this purpose bathrooms, kitchens and toilets are excluded from the room total.

A baby under 1 year old does not count as a person and any children under 10 years of age count as only half a person. At least one room must be for the sole use of an adult visa applicant but this obviously may be shared with a spouse or fiancee or partner. The following table lists how the requirement is calculated.

Number of Rooms


1
2
3
4
5

With an additional 2 people
for each room in excess of 5
Number of
People

2
3
5
7.5
10



Please also see our UKBA Property Inspection page as you may need an Accommodation Certificate if the dwelling has multiple occupants.


FINANCIAL SUPPORT REQUIREMENT


In all cases there must be proof that adequate financial support is available for both the visa applicant and any other members of the immediate family. The minimum income requirement is the same as the income support benefit level after the deduction of taxes, rent, mortgage, council tax etc.

From 6th April 2009 the income support level for a married couple over 18 years of age is £100.95 per week. It is therefore necessary for the sponsor to prove that his disposable income after deductions is at this level or higher.

If a sponsor is in receipt of any public funds he must be able to clearly demonstrate that he will not have any need to claim extra funds for the visa applicant. We can help by drawing up a weekly or monthly budget for submission to the Embassy in consultation with the sponsor.

In the case of a spouse no permission to work is required and if the applicant can prove that they have skills or an offer of employment this will be taken into account in determining if adequate support is likely to be available.



RETURN OF DOCUMENTS



In all cases the Embassy will return all the documentation submitted in support of the application to the visa applicant along with their passport and the outcome of the request. Original documents will NOT be returned unless a photocopy is supplied along with the original at the time of application.



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Orchid of Siam are authorised to provide immigration advice and services by the Immigration Services Commissioner Ref. No. F200500016. Members of the Immigration Law Practitioners' Association. Members of the Joint Council for the Welfare of Immigrants.

Orchid of Siam
24, Digdens Rise,
Epsom, Surrey, KT18 7DL
England.
01372210361-2
orchidofsiam@hotmail.com


 
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