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  1. #1
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    Default UK Fiancee or Partner Visa for Thai Partner

    I hope that some of you guys can help with a few questions I have regarding which is the best type of visa my Thai boyfriend / Fiancee, because I am being given mixed advice from friends with kind of similar situation and finding the UK Border Agency website a nightmare for the best option and I don't really want to have to pay an agency to do this for me!!..

    So, here goes....

    My boyfriend and I have been together for 4 1/2 years, up until a few days ago we lived together in Thailand since January 2009. We have a 1 year old daughter and have decided that we would like to move back to the UK in order to build a life here and open a business.

    I don't think we will have any issues with any of the documents or proof required as we have been together so long and lived together and have a daughter together.

    My issue / question is what is the most sensible / cost effective route for applying for him to come live in the UK??...

    I'm thinking that the 2/3 options available to us are either the fiancee visa with the intent to marry, the partner visa or the unmarried partner visa.

    The fiancee visa with the intent to marry seems fine, neither of us are necessarily in a rush to marry but have no issue with doing it. The only thing with this type of visa is that you have to pay about 39,000B for the fiancee visa and then pay again for the 2.5 year permission to stay after marriage.

    I have a friend who informs me that he and his (now) wife applied for a fiancee visa initially, and then they married within 6 months and then applied for her to stay for 2 1/2 years settlement visa,.. But... he informed me that his wife only paid 3000B or so for the initial Fiancee Visa and then then paid a further amount later for the permission to stay visa.

    When I look on the UK Border Agency site, the 3000B Fiancee visa is a visitor and the settlement section says that you can't apply with a visitors visa!!..

    The other option as a partner I think we meet all of the requirements for as we have been together, living together etc and can provide proof of all that is required and as I understand it he will then be automatically given 2.5 years permission to stay.

    The unmarried partner option seems to me to be the same as the partner application with the only thing that differs slightly being that they ask for proof of us living together for 2 years and don't ask for a marriage certificate!.. Although the partner option says that we don't have to be married either in the can you apply section but mentions a marriage cert in the documents required section!!..

    I'm confused at which out of these 2 categories 'partner' or 'unmarried partner' I should apply or have I just been looking at these pages so long that I'm missing the obvious!!...

    The only thing I worry about is that they may refuse the application for some reason and we lose the money we pay and may kick ourselves for not going the Fiancee visa route, which may have been easier!!...

    Any help or advice or what would be the best option would be much appreciated. The main goal for us is to stay in the UK, open a business together asap and go for the most cost effective and quickest route to get us all back together in UK.

    Thanks
    Ell

  2. #2
    R.I.P. colin244's Avatar
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    Welcome to the forum Ell,

    Not my area of expertise but no doubt a forum member with more knowledge of this will come along and answer your questions bearing in mind the time of day.

    colin 244

    PS You are the 3rd new member I have welcomed today so don't know where everyone else is

  3. #3

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    You haven't mentioned whether you meet the financial requirement. If you have been living in Thailand for several years, how are you going to meet the requirement to have an income of 18,600 GBP a year ?

  4. #4
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    I had a work permit and earnt money whilst in Thailand so I have some money saved and also savings in my UK accounts. I have also returned to the UK in the last 2 days and am hoping to secure a job within the next week or so. My mother has also offered to supply a letter of sponsorship if required. I was hoping all of those things combined might take care of the financial part and hopefully I can secure a job asap and can provide my boyfriend with a copy of my letter of employment to take with him for his interview.

  5. #5

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    I'm not sure that you understand how this works. You will have to show that you are earning at least 18,600 GBP a year, and have done so for at least 6 months. That can be from employment in Thailand, or in UK, but you will need to provide wage slips ( or the Thai equivalent) and bank statements showing the wage paid into your personal account. If you have some savings, then you might be able to offset these against a salary to meet the requirement.

    With respect, your posts seem to show that you don't actually know about these financial requirements ? They are actually a little more complicated than I have just described, and you may want to ask more questions before even thinking about submitting an application.

  6. #6
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    No problem Tony M, thank you for the information, every bit helps. I didn't know that the financial part of it would be so much of an issue as I know 2 couples that have come to the UK with their Thai partners on a marriage visa and a fiancee visa with intent to marry and both of them were in a similar position to me.

    Although neither of them were working legally whilst in Thailand so there would be no way that they would have been able to prove earnings whilst they were in Thailand when applying and neither of them had jobs when they returned to the UK either. They just applied based on savings, house ownership and sponsorship. This is why I thought it wouldn't be a problem. But I will look into it further and speak with them in more depth about what they did. Thanks

  7. #7

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    They may have gone to UK before the new rules came into effect last July. It's all changed, unfortunately.

  8. #8
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    One did but the other couple only just applied in the last couple of months. I will give them and call and see if they can give me more info on how they went about it. Ta

  9. #9
    Premium Member Gary & Nok's Avatar
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    Quote Originally Posted by colin244 View Post
    don't know where everyone else is
    @ 00:19 probably in bed like me


    Welcome to the Forum Elliott
    Independence Day 31st January 2020

  10. #10
    Moderator richardb's Avatar
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    Welcome Elliot,

    As a starting point have a read of the rules. This is not easy as there are three blocks you need to read

    First the General Principles.

    http://www.ukba.homeoffice.gov.uk/po...ivil_partners/

    http://www.ukba.homeoffice.gov.uk/po...edcivilpartne/

    Then the gory detail of the financial requirements.

    http://www.ukba.homeoffice.gov.uk/po...-as-a-partner/

    Then after a swift Singha the details of what you have to show and in what combination to satisfy the requirements.

    http://www.ukba.homeoffice.gov.uk/po...appendix-fmse/

    The good thing is that all the requirements are in black and white so if you "tick the boxes" you get the visa. No back doors, no wiley legal tricks it is a straight forward Yes or No.

    This actually lends itself to you going through the list of evidence with a pen and highlighter.

    Support from friends family?

    "(b) Promises of third party support will not be accepted. Third party support will only be accepted in the form of:
    (i) maintenance payments from a former partner of an applicant in relation to the applicant and former partner's child or children or in relation to the applicant;
    (ii) income from a dependent child who has turned 18, remains in the same UK household as the applicant and continues to be counted towards the financial requirement under Appendix FM;
    (iii) gift of cash savings (whose souce must be declared) evidenced at paragraph 1(a)(iii), provided that the cash savings have been held by the person or persons at paragraph 1(a)(iii) for at least 6 months prior to the date of application and are under their control; and
    (iv) a maintenance grant or stipend associated with undergraduate study or postgraduate study or research.

    So basically that is nowadays a no no as far as income and capital go unless it is a gift.

    Dont overlook that your boyfriend needs to do a language test.

    Have a read of all that , do a tick checklist then report back .

    All the best

    Richard






    It takes courage to grow up and turn out to be who you really are

  11. #11
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    Colin, Gary and Nok. I wish I was asleep at that time as well but my little girl caught a cold on the plane over from Thailand, coupled with a bit of jetlag on my part and there you have it.. awake at 00.19pm.

    - - - - - - - u p d a t e d - - - - - - -

    Thanks Richard, as soon as my daughter knocks out for her afternoon nap I will be looking into your links in more depth and will probably be posting with more questions in the wee hours again!! Thanks for your help.

  12. #12
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    Mine is 8 months now. All hours are the wee hours for him. 5555
    It takes courage to grow up and turn out to be who you really are

  13. #13
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    Hi - i don't want to throw a spanner in the works before you've hardly got going - but you do seem blissfully unaware of how tough the financial requirement is since Summer 2012. From memory - with a child you need to prove about £22k a year steady income with proof going back 6 months; or, for the savings - take a deep breath - it is over £60,000, and i think it has to have been yours for at least 12 months ? It is also possible to use a combination of earnings & savings, but if you are in a self-employed category it gets more complicated. This is from my ageing memory so you do need to do an up to date check of course.

  14. #14
    Premium Member Tom & Nok's Avatar
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    Hi

    Yes, the financial requirement is the toughest for many people.

    According to a recent House of Commons briefing paper for Members of Parliament, approximately 45% of applications for settlement visas for spouses now fail because they don't meet the financial requirement.

    It is possible to meet the financial requirement with a salary or with savings or with a combination of both.

    The gross salary has to be at least £18,600 with no dependent children and needs to be backed up by at least 6 months pay slips and bank statements etc.

    If there is one dependent child then the gross annual salary requirement rises to £22,400.
    Two dependent children - now it rises to £24,800
    Three dependent children - now it's £27,200

    Only savings in excess of £16,000 will be taken into account. With no gross salary and no dependent children then savings of a minimum of £62,500 will meet the financial requirement instead. However they must have been held in an approved financial institution for at least six months prior to the application AND they must be in an "instant access" type of account (i.e. immediately available with or without penalty as opposed to being locked up in a fixed term account) AND there must be a declaration/evidence that the source of the savings was legitimate.

    As I say, there are various permutations of salary and savings which can meet the financial requirement if your gross income is below £18,600.

    I strongly recommend this file which is the most up-to-date guidance on how to meet the financial requirement, i.e. the July 2014 edition of the Immigration Directorate Instructions guidance on the Financial Requirement (Annex FM Section FM1.7):

    https://www.gov.uk/government/upload...equirement.pdf

    It's a long document but I'm finding it very helpful in my own case for my wife as I collect the various documents needed as evidence.

    Section 5 (page 17 onwards) gives useful examples and might help regarding salary.

    Section 7 (page 44 onwards) gives useful examples of salary and savings combos to meet the financial requirement, especially the table on p45.

    The document also helpfully outlines the kind of financial evidence which the UKVI require with the application.

    Good luck!

  15. #15
    Premium Member ash's Avatar
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    The discussion was in april ??
    Human beings are seventy percent water, and with some the rest is collagen

  16. #16
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    I'd like to add something very strange to this thread - responding to you 'Tom & Nok' - terrific post. I emailed the UKBA some time ago to put to them a hypothetical situation which could be mine if i had wanted to steer it that way. Ok here it is : Say a UK bod has a property rented out at £1000 a month - £12,000 a year. Could that £12,000 be used as part of the £18,600 IF they then went and rented another UK property to live in with their Thai partner, at a rent of £1000 a month ? In other words, at no Net gain. Answer : YES ! I have this in email from from the horse's mouth. Strange-but-true, and it could be the breakthrough for some applicants who have a property they do or could rent out. The rent they pull in is INCOME, that's the core fact. It is not a Mean-Tested form.

    - - - - - - - u p d a t e d - - - - - - -

    Tom & Nok - just speed-read that link and saved it - thanks. Rattling through the Savings section - have you ever seen a reference to UK govt Premium Bonds as eligible savings ? Can't see why they wouldn't count.
    Last edited by SingerSongwriter; 26th Aug 2014 at 17:09. Reason: Typo

  17. #17
    Premium Member Tom & Nok's Avatar
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    Quote Originally Posted by SingerSongwriter View Post
    Rattling through the Savings section - have you ever seen a reference to UK govt Premium Bonds as eligible savings ? Can't see why they wouldn't count.
    OK, a good question, as Stocks & Shares ISAs can definitely count towards the savings element as long as they satisfy certain conditions.

    The savings section includes a very interesting commentary and table which gives a summary of all the requirements that must be met for funds to be considered as cash savings held in a deposit or investment account.

    "7.4.2. Savings can be held in any form of bank/savings account. This bank/savings account can be a deposit or investment account... An investment account must also meet all of the other cash savings requirements to be considered as a bank/savings account for the purposes of the cash savings rules at paragraphs 11 and 11A(a)."

    1. The account is held within a bank or building society
    2. The bank/building society is a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating
    3. The bank/building society is not on the list of excluded institutions under the Immigration Rules
    4. The account is a current account or a savings account
    5. Regular bank statements are provided
    6. The statements cover the necessary time period required in the Immigration Rules
    7. The savings are held in cash (or their cash value is clear)
    8. The savings can be immediately withdrawn (with or without penalty)
    9. The funds are under the control of the person and/or their partner for the necessary time period required in the Immigration Rules
    10. The source of the funds is legal
    11. The source of the funds has been declared


    However, the regulations helpfully state that, "... in the UK a ‘stocks and shares’ Individual Savings Account (ISA) does meet the definition of a savings account and the funds can be considered as cash savings if all the requirements above are met."

    So, while not specifically mentioned, my view would be that a holding of Premium Bonds should be acceptable as they potentially meet all of the 11 requirements. Why not, given that Stocks & Shares ISAs are eligible if they meet all of those same requirements? Premium Bonds are held through NS&I which is a recognised state savings institution. Premium Bonds can be liquidated into cash with no notice period and they have a clear cash value. Statements of holdings would be needed to provide proof that the Premium Bonds have been held for a period of at least 6 months prior to the settlement visa application. Worth asking UKVI for confirmation but I would be very surprised if Premium Bonds weren't acceptable.

  18. #18
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    Yep - that's my take on it as well - proven cash savings in recognised institution available at short notice without penalty etc...at least, if Premium Bonds were rejected it would be a classic case of the gvt refusing the legitimacy of one of its own prime institutions !

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