Marriage Visitor Visa...and then Settlement - possible?

[menwall]

Hi all,

I am hoping someone here can help as I have posted this on another similar message board with no responses. I would really appreciate opinions, advice or answers. Here's my situation

Background: I have been in a relationship with my Thai girlfriend now for over 4 years and we are discussing the process now of getting married...the joys! We want to be together as soon as possible really (like everyone!) and whilst I will have a job that pays over the £18,600 minimum annual threshold, I will not have held the job for 6 months or more. We are therefore either forced to wait until I have completed 6 months on the job or...

Main Question: Is it possible to apply for the Marriage Visitor Visa and get married here in Northern Ireland. Then, before the visa expires, we will both go back to Thailand to have a ceremony so that families and friends in both countries and sides of the family can enjoy the celebrations/take photos etc. Can we then apply for a Spouse visa whilst she is outside the UK after the Marriage Visitor visa expires and we are married? (I will have worked over 6 months on over £18600 at this stage)

Will this be seen as 'dodging' the fiance-to-spouse visa route/fee or is this illegal in any way? Would they refuse the spouse visa for the UK on the grounds that if we had plans to settle in the UK, we should have applied for the fiance visa? Or will it be seen as a genuine route to take considering we want to go back to Thailand for a few weeks after we get married in the UK to have a ceremony there as well? (We could provide evidence of the Thai ceremony when making the Spouse application to make the route which we took more understandable...)

For the record, I am a UK citizen and she is Thai.

Thanks for any info,
Colin

[Casa]

If your wife returns to Thailand under the terms of her marriage visit visa and assuming you meet all the requirements, there's no reason why an application for a spouse visa should be refused under this route. Apologies for the long sentence!

[menwall]

Thanks Casa, I appreciate the reply, especially since it was the answer I was hoping for!

[Casa]

Don't forget your wife will need to comply with the A1 English requirement. If she doesn't have a BA or MA which has been taught in English, she may want to take the test while she's here on the marriage visit visa to save time.

[menwall]

Thanks for the tip - she has an MA from an International Course (European Studies) that was taught solely in English so from what you said, I assume this will mean she will be exempt from having to take further English tests both now and down the line when applying for ILR? (Although Life-in-the-UK test will need to be taken, correct?)

Thanks again,
Colin

[Casa]

Correct, although the pre-9th July regulations also require her to take an additional English test @ B1 level in addition to the Life in the UK test before applying for ILR after the 5 year probationary period. FLR(M) will have to be applied for after an initial 2.5 years when all the original requirements, earned income etc will have to be met. The UKBA make more money!

[menwall]

Thanks Casa. With the new requirements, am I understanding correctly when I say there will be no worries about here English language test if she has her MA taught solely in English? And assuming that we are okay financially and with accomodation at all stages, the steps for my own situation would be:

1)Marriage visitor visa then return to Thailand within 6 months.
2)Apply for spouse visa from Thailand (no english test at this stage)
3)33months later (or slightly less) apply for FLR (no test but biometrics here?)
4)30 months later apply for ILR (Life in UK test here)

Just out of interest, how long is it until she can apply for Citizenship through naturalization after obtaining ILR having already spent 60months+ in the UK?

Once again, I appreciate the help!
Colin