Preamble:
I am a British national, married to a Thai, we both reside in the UK, the information, ideas, opinions, views, etc, mentioned in this guide, represent the way that “we” (my wife and I) approached, collected, documented and successfully applied and obtained a spouse settlement visa.
This guide should not be taken as “the only way to do it”. Others may have just as effective alternative ideas and methods. I am sure that all the information below is available on various places on the internet. I have tried to combine all the information required to one place.
Although we applied for a “Spouse” Settlement Visa, other types of visa may require the same information or similar documents and processes.
I acknowledge that to be “politically correct”, it was my wife’s application, but in reality, like most who will read this, it was down to me, to collect and collate the majority of the information and present it in a folder, and direct my wife with the bits she needed to do. Also, I do not profess to be a writer, so if the “Wife/Spouse” terminology I have used here offends, I apologise.
This document is meant to be used as a reference aid, an informative guide, it is the method we used, the things that we found out on the way, what we included as various supporting documents and how we finally presented the supporting folder for the Visa Application.
To the best of my knowledge, the information contained within this guide is correct at 1st January 2012. (Updated to reflect the changes made to the “Migration Immigration Rules” on the 9th July 2012).
Finally, there are supporting bits of information included that although are not a direct part of the Visa process, they are important when applying for a Visa, i.e. Obtaining a Thai Passport for your spouse.
I hope some, if not all the information is of use to the reader, and helps future applicants on their “spouse settlement visa” application journey.
Things to remember before starting out:
It is logical to include at the start, a section on “The Marriage Process” in Thailand… as the marriage is a driving factor to obtain a settlement Visa and the documentation is obviously an important part of the spouse application requirement. If you are just starting out, it may be part of the process that you still have to do, so I include it here.
Getting Married in Thailand:
The legal Amphur marriage is very similar to a registry office marriage in the UK and is required in order to count as the “legal ceremony” for the official documentation and certificates. The Buddhist ceremony or "village" wedding is not official, but is often viewed as a lot more important in the eyes of Thai’s, and is generally a big party with everything done for show / face, however, remember that on it’s own, it is not legally recognised in the UK.
If you are a foreign national and you intend to marry a Thai national at an Amphur, then the first thing you will require is a document called an “Affirmation of Freedom to Marry”.
Affirmation of Freedom to Marry:
This is a document, stating you are legally free to marry. Retype the Affirmation of Freedom to Marry, replacing the blanks with your details. Type it on one page and in the same format as this Example Affirmation and take it, in person, to the Embassy in Bangkok or one of the other Honorary Consulates in Thailand List Here to sign and have it witnessed before a British Consular official. They will in turn countersign it.
An appointment for this service is not necessary if using the British Embassy in Bangkok, but may be needed at other locations.
British Embassy Bangkok
14 Wireless Road
Lumpini
Pathumwan
Bangkok
10330
Phone: +66 (0) 2 305 8333
The Embassy (Consular Section) provides this service to British nationals only.
You will require:-
Certificates issued in a Third country outside UK and Thailand must be certified by the relevant British Embassy/Consulate or its respective Embassy in Thailand.
Only the original certificate of divorce etc or a certified copy (court stamped) will be accepted – photocopies will not be accepted under any circumstances. This process may take up to half a day to complete, so my advice is get there early as you may need to wait or collect it later.
To perform a marriage at an Amphur, the above “Affirmation of Freedom to Marry” has to be translated and legalised.
Translations & Legalisation:
This process translation and legalisation is completed in two parts and consists of:-
(a) having the document(s) translated
(b) authenticating the British Consular signature and
(c) certifying the Thai translation
(d) recording the document(s).
Once you have the signed and countersigned affirmation, you will need to have it translated into Thai. The British Embassy does not undertake the preparation or translation of documents.
There are however a number of companies within a short walk of the Embassy who do, or you could use the small bookshop at the Ministry of Foreign Affairs (MFA) that is very good. As you will be going to the MFA for the legalisation of the translated documents I would suggest getting the translation to Thai done there at the same time.
I would also suggest (at the same time) getting a translation of your wife’s Birth Certificate to English [for later use], I can not remember exactly how much we were charged, but it was not much, around a 300 Baht per document.
As a side note, the canteen on the ground floor of the MFA is very reasonable and serves very good Thai food and beverages, if you have to wait for a while.
Ministry of Foreign Affairs
The Legalisation Division
Department of Consular Affairs
123 Chaeng Wattana Road,
Laksi District, Bangkok 10210
Tel : +66 (0) 2 575 1056–59, 0 2981 7171
Web Site: Ministry of Foreign Affairs
Once translated you will need to go upstairs in the MFA and have the translations legalised, this involves joining some bits of paper together and stamping them with the official stamp, and recording the documents on file etc. Typical Thai efficiency here, so take a number and expect to wait a while.
You will require:-
Get there early, as you need to present the translated documents upstairs before 12:00 midday if you want to use the express service (you will be directed to the supervisor’s office) and with luck, you will have them back that afternoon.
Photocopying is available for a few baht on the same floor.
That’s the extent of the legal documentation required to enable you to get married. You can now go and get legally married at an Amphur (the equivalent of a registry office).
The legalised affirmation and translation can be submitted to any Amphur registrar, along with your passport and “intended wife’s” ID Card, Birth Certificate, House Registration, etc, The registrar will then if satisfied, marry you, register the marriage and issue two copies of the Thai Marriage Certificate (example here).
Amphur Marriage:
In theory, you could now get married in any Amphur, however, you may find that your spouse will want to marry in her local Amphur. This can have some benefit as she can obtain a document and immediately change her surname on her ID card, House Registration Document, etc (this change can only be done at her local amphur office).
Or, she can obtain a certificated document to enable her to do it at a later stage if she requires.
Required documents etc:-
It is advisable to obtain some photo copies of the marriage certificate and name change document at this stage.
At some point and this really depends when it is convenient and you find yourself back in Bangkok, have the original marriage certificate translated in to English and certified / legalised at the MFA. Required for the Visa Application later.
Congratulations – You are now officially married, and if you have followed the above, will hold the correct “marriage documentation” (click for image of a Thai Marriage Certificate) essential when submitting an application for a spouse settlement visa.
Obtaining a Thai Passport for your Spouse:
If your spouse does not already have one, it is important for them to obtain a passport, as other stages and obtaining documents will require the applicant to have one as a prerequisite, for example the TB Test.
A point to remember also, is that the TB Test Certificate should be in the same name as on the passport, as should any travel documents etc. So, getting married first and your spouse changing her name officially at her amphur, will provide the new ID Card etc, required to obtain a passport in their married name.
It is not essential though, everything can be completed in her maiden name if required.
A Thai citizen who wishes to apply for an ordinary passport is required to apply to a Passport Office at the Ministry of Foreign Affairs; it is reasonably easy for a Thai National to obtain a passport providing they have the required documentation. They will be issued with an “Biometric” passport that has their photo and fingerprints encoded into it (example image here).
There are a number of provincial Passport Offices, but the Head Passport Office is located at:-
The Department of Consular Affairs
Thanon Chaengwattana
Laksi
Bangkok
Tel. +66 (0) 2 981 7171
Your spouse will require:-
Applicants will be able to collect the passport 3 working days after the day of application from the main office, or, in the case of applications made at a Passport Office in a provincial area, 10 working days after the day of application.
TB Testing:
As part of the current UKBA requirement, your spouse, or anybody from Thailand expecting to stay in the UK longer than 6 months) has to have an X-Ray for TB in Thailand and provide and subsequently hold a pass certificate / report from the IOM (International Organisation for Migration) based in Bangkok.
It is important to remember that the TB test is only valid for a period of 6 months, so some forethought and planning has to be done so that the test is still valid when the time comes for the application for the Visa.
Your spouse will need to book an appointment for about a week ahead. The current fee for the test is 2600 Baht and is required to be paid at the above office when registering on the day of the test.
The test itself will be undertaken at either the Phyathai 2 Hospital or the Bumrungrad International Hospital and she will have to travel from the office to the respective hospital, and back again to the office after the test to obtain the report / certificate.
Your spouse will require:-
International Organisation for Migration
Kasemkij Building
8th Floor, 120 Silom Road
Bangrak, Bangkok 10500
Tel: +66 2 234 7950-5
Evidence of English Language Ability:
A very emotive subject, but, from 29 November 2010, any migrant applying to enter the UK or applying to remain in the UK as the partner of a British citizen or a person settled in the UK will need to show that they can speak and understand English. This is achieved by undertaking and passing a test to A1 level. More information is available here UKBA Language Information and here UKBA Information on English Test Requirement.
New rules, introduced 9th July 2012, relating to “English Language Ability”, state from October 2013, the UKBA will require all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 Level or above of the Common European Framework of Reference for Languages unless they are exempt.
There are a few places in Thailand that conduct an approved English Language Test and a list is available on the UKBA website, although at the time of this report, they are all situated in Bangkok. UKBA Approved English Test Locations I would suggest taking a look at the different ones on offer, my wife and I decided she would take the BULATS test, so the following information relates to the BULATS test as my wife and I only have experience of that one.
The current test at A1 Level is not very hard, but it is not specifically designed for the purpose of a settlement application. Whatever supplier you use, their tests are existing tests that have just been approved by the UKBA as acceptable.
If your spouse decides, like mine, on taking the BULATS test, they are going to possibly find themselves answering questions about a hypothetical business meeting, or what to do to facilitate a conference lunch, as the BULATS test has been designed for testing the use of English in a Business environment.
Although not ideal, it is not as bad as it sounds, and at least with BULATS test your spouse can complete some practice questions on the website, to give them an idea of what to expect.
The BULATS computer test is "adaptive", it selects questions during the actual test based upon to how well you have answered the previous question, not on some preconceived order. The next test question is only selected after the computer grades your answer on the current question. Answer the question correctly and the computer will choose your next question at a slightly more difficult level. On the other hand, if you have given a wrong answer, the test will drop a level and keep dropping until you can answer begin to questions correctly.
In other words, test questions become progressively easier or harder until the system has a reliable assessment of the candidate's level. The pass level required for settlement purposes is very low.
You may obtain some test & score result sheets (usually a blue colour) on the day, the final certificate (cream in colour) will take about three weeks to arrive, it is issued from Cambridge University in the UK.
My wife took the BULATS test at:
Vantage Siam.
65/213 Chamnan Phenjati Business Center Building
25th Floor, Rama 9 Road
Huay Kwang
Bangkok 10310
Tel: (66) 2-248-8306 to 13
They will require:-
Here is a link to the Vantage Siam Website for BULATS.
Collecting Information for a Visa (Where to start ?):
The UKBA have a reasonably good website (click here), with a lot of information on it, but the information is not always where you would expect to find it, or always up to date. I will try to narrow down the areas you may want to look at regarding a settlement visa.
The type of visa your spouse will be applying for is covered under Chapter 8 of the Immigration Rules, (updated 9th July 2012) Appendix FM-SE, guidance to these rules can be viewed here.
A visa company will provide you with a list of things to do, items to collect under various headings, and arrange those items in a folder to “support your spouses application”, they may also suggest wording to use in supporting letters etc. If you follow the information here, you can easily do it yourself, saving you a lot of money in the process. Please don’t be swayed by stories of “a friend of your wife who used XYZ agency and they got their visa”…. You can do it yourself… I just want to make it clear that even if you did decide to use a Visa company, you would be doing 85% of the work yourself.
In principal, to obtain a Settlement Visa for your spouse, all anyone needs to do is:-
It sounds simple and, in reality, if you approach it the right way, with a plan, slowly and surely you can tick off everything required….
I would suggest that a lot of unsuccessful visa applications are unsuccessful simply because they have not spent the time to provide suitable and adequate supporting evidence. It is never too early to start collecting the information / evidence to support your spouses visa application.
So where to start…..
There are the four main points to keep in mind that you / your partner must evidentially prove:-
These four main areas obviously will need to be covered in detail to make sure that the application is sound.
The main change on 9th July 2012 in this section is the new financial requirements for settlement visas, in the past it was, to a degree, down to the ECO’s interpretation of the financial information supplied.
The changes made on 9th July 2012 now require set levels of income or savings, these introduce a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for partner and one child and an additional £2,400 for each further child. Or savings
The system (that most applicants use), is to put everything into a folder under various headings or sections, it makes it a lot easier for the Entry Clearance Officer (ECO) at the UKBA to see, follow and understand.
There is no “set way” to do this; there will be many variations on how to do it. Over a period of a number of years, a lot of information has been fed back from previous applicants who have both succeeded and failed. This forum also has a few ex-officials from the UKBA / Immigration So hints and tips have been provided from far more knowledgeable and “connected” people than I. The method used below is a combination of all this knowledge.
So, let me share with you how we did ours, you could use it as a starting point or copy it as is. Some may say it is too much, others will say not enough, some will say you don’t need document “X” others will say you do….. Everyone has their own opinion; all I will say is this… “It worked and we got the Visa, first attempt, no questions asked”. As they say in Thailand “it’s up to you”.
This is a list of all the 50 items we provided in our folder and how we divided it into sections:-
Full Index and Contents Page
Section 1: Application Form and Letters of Support
Section 2: Personal Details of Mrs XXXXX
Section 3: Personal Details of Mr ZZZZZZ
Section 4: Accommodation
Section 5: Employment, Finance & Financial Support
(New Financial requirement as of 09th July 2012)
Section 6: Proof of Relationship and Contact
As you can see, this made up a fairly chunky “supporting documents folder” so a decent quality folder with 100 fixed transparent pockets was used at a cost of about £20.00 A printed front title sheet with Visa Application of Mrs XXXXX, made it look presentable.
Visa Application Process
Once you have collected all the information you will want (or more correctly) your wife will want to apply for a Settlement Visa.
Be advised there is also a new form to use for applications made from 9th July 2012
In Thailand, the UKBA outsource the handling of the Settlement Visa applications to a company called VFS Global, they initially collect the application from your spouse and forward it to the UKBA at the British Embassy for processing.
Your visa application will be processed and decided by UK Border Agency staff. VFS Global staff does not, play any part in or influence the outcome of your visa application.
The first step in this process is to complete the online application form this can be done in stages, and may be saved at various points, so if you need to you can save it and come back and complete it later. The system holds your application for 1 week, but you can revisit it and save it again if needed.
A point to note here is - entering the date you want the visa to run from. If you want to be able to use it as soon as you get it, put a date just a few weeks ahead, some people, thinking it will take 12 weeks to process, have put a date 12 weeks ahead, only to get the Visa in a 2 weeks, but with a “can be used from date” still 10 weeks in the future, so they have to wait.
When you have completed the application you will be directed to print it out and make an appointment for your spouse to hand in the application, this is also completed online Book an Appointment Here.
You (or your spouse) will be able to make an appointment to present the application with supporting information up to one week ahead. You can if required cancel or change the appointment times by re visiting the booking system.
It’s a good idea to print off the appointment letter and another copy of the application for later reference.
Presenting the Application:
When the time comes your spouse will need to attend the appointment at the VFS Global Office in Bangkok:-
The VFS Global office is located here:-
Regent House 2nd Floor
183 Rajdamri Road
Lumpini
Bangkok 10330
At the same time VFS staff will collect Biometric Data from your spouse, i.e. fingerprint scans etc.
I would advise that you / your spouse arrive in good time, and be prepared to fend off any over zealous visa agents who also work in the same building and try and influence you to have your application reviewed.
It would appear that one change from when we went through the process is the ability to pay online, I can not comment on this, as we used the bank on the ground floor of the building to get a Cashiers Check for the application fee, and included this in the application.
Only the applicant is allowed to enter the Office at the appointed time, so if you are with them you will have about an hour and a quarter to kick your heels, there is a coffee shop downstairs that does a reasonable toasted sandwich.
Your spouse will, at the appropriate time be allowed into the office and will have her documents and application form checked double checked and accepted.
There has been talk that the VFS remove items from supporting document folders to save on space when forwarding the applications to the UKBA at the Embassy. I instructed my wife, not to let them take out items from the original folder and tell them everything was referenced with a contents list and in a particular order. They listened to her and forwarded both folders intact, when she got the original folder back, nothing had been removed.
Your spouse will need to have the following:-
Your spouse will also have the option of paying some additional baht to (a) be kept informed of the application progress by SMS and (b) having all documents returned to an address by courier rather than have to collect them from the VFS Office in Bangkok.
Summary of the Changes to Migration and Immigration Rules, 9th July 2012:
Further information on the changes can be viewed at the relevant page on the UKBA website.
Finally:
In a nutshell, that’s it…… now sit back and wait, it can take up to 12 weeks but it is usually done before that. At best settlement applications have been processed in just a few days when the demand is low… Ours took about 4 to 5 weeks, but was during the floods and that delayed things.
This will not have answered all your questions, but hopefully will have helped with a lot of them, and given you a better overview as to the requirements and the process.
The forum is a brilliant source of knowledge and information, without it I would not be sitting here with my wife at my side in sunny (not) England.
I would like to thank all those who helped me on my journey, I am sure some of them will still be there to help you.
Good Luck in all that you do.
This is my way of giving a little back..............
Frogster (Kev)
I am a British national, married to a Thai, we both reside in the UK, the information, ideas, opinions, views, etc, mentioned in this guide, represent the way that “we” (my wife and I) approached, collected, documented and successfully applied and obtained a spouse settlement visa.
This guide should not be taken as “the only way to do it”. Others may have just as effective alternative ideas and methods. I am sure that all the information below is available on various places on the internet. I have tried to combine all the information required to one place.
Although we applied for a “Spouse” Settlement Visa, other types of visa may require the same information or similar documents and processes.
I acknowledge that to be “politically correct”, it was my wife’s application, but in reality, like most who will read this, it was down to me, to collect and collate the majority of the information and present it in a folder, and direct my wife with the bits she needed to do. Also, I do not profess to be a writer, so if the “Wife/Spouse” terminology I have used here offends, I apologise.
This document is meant to be used as a reference aid, an informative guide, it is the method we used, the things that we found out on the way, what we included as various supporting documents and how we finally presented the supporting folder for the Visa Application.
To the best of my knowledge, the information contained within this guide is correct at 1st January 2012. (Updated to reflect the changes made to the “Migration Immigration Rules” on the 9th July 2012).
Finally, there are supporting bits of information included that although are not a direct part of the Visa process, they are important when applying for a Visa, i.e. Obtaining a Thai Passport for your spouse.
I hope some, if not all the information is of use to the reader, and helps future applicants on their “spouse settlement visa” application journey.
Things to remember before starting out:
- It is never too early to start collecting the supporting information for a spouse settlement visa.
- You are not the first to do this; there are others, many on this forum, who are very knowledgeable and can help you.
- Whatever problem you come up against, someone has undoubtedly come up against it before, and has found the answer or work around.
- It is not an overnight process, allow yourself plenty of time and work on the application bit by bit, It’s like eating a big bar of chocolate, a bit at a time is manageable, try cramming the whole bar in your mouth at one go and you will choke and get sick of it.
- Remember there are two of you collecting and supplying documentation, but it is your wife’s application.
- If you follow this guide you will see that for most situations, there really is no need to use a Visa agent (in the majority of cases).
- The UKBA require a lot of supporting documentation and information to issue a settlement visa. They provide some idea, but not all information as to what is required on the UKBA website.
- In my opinion, it is not a lottery, a UK Settlement Visa is a qualified right, in other words, providing you qualify…. fit the criteria, tick all the boxes and provide all the evidence, etc…. You will obtain one for your spouse.
- Rules regarding immigration change frequently; make sure that you keep up to date with any News & Updates at the UKBA Website.
It is logical to include at the start, a section on “The Marriage Process” in Thailand… as the marriage is a driving factor to obtain a settlement Visa and the documentation is obviously an important part of the spouse application requirement. If you are just starting out, it may be part of the process that you still have to do, so I include it here.
Getting Married in Thailand:
The legal Amphur marriage is very similar to a registry office marriage in the UK and is required in order to count as the “legal ceremony” for the official documentation and certificates. The Buddhist ceremony or "village" wedding is not official, but is often viewed as a lot more important in the eyes of Thai’s, and is generally a big party with everything done for show / face, however, remember that on it’s own, it is not legally recognised in the UK.
If you are a foreign national and you intend to marry a Thai national at an Amphur, then the first thing you will require is a document called an “Affirmation of Freedom to Marry”.
Affirmation of Freedom to Marry:
This is a document, stating you are legally free to marry. Retype the Affirmation of Freedom to Marry, replacing the blanks with your details. Type it on one page and in the same format as this Example Affirmation and take it, in person, to the Embassy in Bangkok or one of the other Honorary Consulates in Thailand List Here to sign and have it witnessed before a British Consular official. They will in turn countersign it.
An appointment for this service is not necessary if using the British Embassy in Bangkok, but may be needed at other locations.
British Embassy Bangkok
14 Wireless Road
Lumpini
Pathumwan
Bangkok
10330
Phone: +66 (0) 2 305 8333
The Embassy (Consular Section) provides this service to British nationals only.
You will require:-
- an unsigned but completed Affirmation of Freedom to Marry
- your passport, as proof of identity
- a fee of 3,250 Baht.
- evidence that any previous marriages have been dissolved / terminated i.e. an appropriate death certificate or divorce certificate for the UK (must be a certified / original decree absolute from the court) this is important.
Certificates issued in a Third country outside UK and Thailand must be certified by the relevant British Embassy/Consulate or its respective Embassy in Thailand.
Only the original certificate of divorce etc or a certified copy (court stamped) will be accepted – photocopies will not be accepted under any circumstances. This process may take up to half a day to complete, so my advice is get there early as you may need to wait or collect it later.
To perform a marriage at an Amphur, the above “Affirmation of Freedom to Marry” has to be translated and legalised.
Translations & Legalisation:
This process translation and legalisation is completed in two parts and consists of:-
(a) having the document(s) translated
(b) authenticating the British Consular signature and
(c) certifying the Thai translation
(d) recording the document(s).
Once you have the signed and countersigned affirmation, you will need to have it translated into Thai. The British Embassy does not undertake the preparation or translation of documents.
There are however a number of companies within a short walk of the Embassy who do, or you could use the small bookshop at the Ministry of Foreign Affairs (MFA) that is very good. As you will be going to the MFA for the legalisation of the translated documents I would suggest getting the translation to Thai done there at the same time.
I would also suggest (at the same time) getting a translation of your wife’s Birth Certificate to English [for later use], I can not remember exactly how much we were charged, but it was not much, around a 300 Baht per document.
As a side note, the canteen on the ground floor of the MFA is very reasonable and serves very good Thai food and beverages, if you have to wait for a while.
Ministry of Foreign Affairs
The Legalisation Division
Department of Consular Affairs
123 Chaeng Wattana Road,
Laksi District, Bangkok 10210
Tel : +66 (0) 2 575 1056–59, 0 2981 7171
Web Site: Ministry of Foreign Affairs
Once translated you will need to go upstairs in the MFA and have the translations legalised, this involves joining some bits of paper together and stamping them with the official stamp, and recording the documents on file etc. Typical Thai efficiency here, so take a number and expect to wait a while.
You will require:-
- the signed and completed Affirmation of Freedom to Marry
- any original decree absolute, evidence that any previous marriages have been dissolved / terminated.
- your passport, as proof of identity
- photocopies of your passport etc
- a fee of 400 Baht (Standard Service) or 800 Baht (Express Service)
Get there early, as you need to present the translated documents upstairs before 12:00 midday if you want to use the express service (you will be directed to the supervisor’s office) and with luck, you will have them back that afternoon.
Photocopying is available for a few baht on the same floor.
That’s the extent of the legal documentation required to enable you to get married. You can now go and get legally married at an Amphur (the equivalent of a registry office).
The legalised affirmation and translation can be submitted to any Amphur registrar, along with your passport and “intended wife’s” ID Card, Birth Certificate, House Registration, etc, The registrar will then if satisfied, marry you, register the marriage and issue two copies of the Thai Marriage Certificate (example here).
Amphur Marriage:
In theory, you could now get married in any Amphur, however, you may find that your spouse will want to marry in her local Amphur. This can have some benefit as she can obtain a document and immediately change her surname on her ID card, House Registration Document, etc (this change can only be done at her local amphur office).
Or, she can obtain a certificated document to enable her to do it at a later stage if she requires.
Required documents etc:-
- the legalised completed Affirmation of Freedom to Marry
- any original decree absolute, evidence that any previous marriages have been dissolved / terminated.
- your passport, as proof of identity
- your spouses ID card (maybe your spouses birth certificate)
- your spouses house registration book
- a fee of 40 Baht, maybe a few Baht more for photocopies etc.
It is advisable to obtain some photo copies of the marriage certificate and name change document at this stage.
At some point and this really depends when it is convenient and you find yourself back in Bangkok, have the original marriage certificate translated in to English and certified / legalised at the MFA. Required for the Visa Application later.
Congratulations – You are now officially married, and if you have followed the above, will hold the correct “marriage documentation” (click for image of a Thai Marriage Certificate) essential when submitting an application for a spouse settlement visa.
Obtaining a Thai Passport for your Spouse:
If your spouse does not already have one, it is important for them to obtain a passport, as other stages and obtaining documents will require the applicant to have one as a prerequisite, for example the TB Test.
A point to remember also, is that the TB Test Certificate should be in the same name as on the passport, as should any travel documents etc. So, getting married first and your spouse changing her name officially at her amphur, will provide the new ID Card etc, required to obtain a passport in their married name.
It is not essential though, everything can be completed in her maiden name if required.
A Thai citizen who wishes to apply for an ordinary passport is required to apply to a Passport Office at the Ministry of Foreign Affairs; it is reasonably easy for a Thai National to obtain a passport providing they have the required documentation. They will be issued with an “Biometric” passport that has their photo and fingerprints encoded into it (example image here).
There are a number of provincial Passport Offices, but the Head Passport Office is located at:-
The Department of Consular Affairs
Thanon Chaengwattana
Laksi
Bangkok
Tel. +66 (0) 2 981 7171
Your spouse will require:-
- a completed application form
- their birth certificate
- their identity card
- a fee of 1,073 Baht for a 32-page passport or 1,573 Baht for a 64-page passport. (5 year validity).
- maybe a few Baht more for photocopies etc.
Applicants will be able to collect the passport 3 working days after the day of application from the main office, or, in the case of applications made at a Passport Office in a provincial area, 10 working days after the day of application.
TB Testing:
As part of the current UKBA requirement, your spouse, or anybody from Thailand expecting to stay in the UK longer than 6 months) has to have an X-Ray for TB in Thailand and provide and subsequently hold a pass certificate / report from the IOM (International Organisation for Migration) based in Bangkok.
It is important to remember that the TB test is only valid for a period of 6 months, so some forethought and planning has to be done so that the test is still valid when the time comes for the application for the Visa.
Your spouse will need to book an appointment for about a week ahead. The current fee for the test is 2600 Baht and is required to be paid at the above office when registering on the day of the test.
The test itself will be undertaken at either the Phyathai 2 Hospital or the Bumrungrad International Hospital and she will have to travel from the office to the respective hospital, and back again to the office after the test to obtain the report / certificate.
Your spouse will require:-
- Two (2) passport size pictures
- 2600 Baht fee
- Original national passport
- Photocopy of the national passport (Bio-data page)
- Original ID Card
- Photocopy of ID Card
International Organisation for Migration
Kasemkij Building
8th Floor, 120 Silom Road
Bangrak, Bangkok 10500
Tel: +66 2 234 7950-5
Evidence of English Language Ability:
A very emotive subject, but, from 29 November 2010, any migrant applying to enter the UK or applying to remain in the UK as the partner of a British citizen or a person settled in the UK will need to show that they can speak and understand English. This is achieved by undertaking and passing a test to A1 level. More information is available here UKBA Language Information and here UKBA Information on English Test Requirement.
New rules, introduced 9th July 2012, relating to “English Language Ability”, state from October 2013, the UKBA will require all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 Level or above of the Common European Framework of Reference for Languages unless they are exempt.
There are a few places in Thailand that conduct an approved English Language Test and a list is available on the UKBA website, although at the time of this report, they are all situated in Bangkok. UKBA Approved English Test Locations I would suggest taking a look at the different ones on offer, my wife and I decided she would take the BULATS test, so the following information relates to the BULATS test as my wife and I only have experience of that one.
The current test at A1 Level is not very hard, but it is not specifically designed for the purpose of a settlement application. Whatever supplier you use, their tests are existing tests that have just been approved by the UKBA as acceptable.
If your spouse decides, like mine, on taking the BULATS test, they are going to possibly find themselves answering questions about a hypothetical business meeting, or what to do to facilitate a conference lunch, as the BULATS test has been designed for testing the use of English in a Business environment.
Although not ideal, it is not as bad as it sounds, and at least with BULATS test your spouse can complete some practice questions on the website, to give them an idea of what to expect.
The BULATS computer test is "adaptive", it selects questions during the actual test based upon to how well you have answered the previous question, not on some preconceived order. The next test question is only selected after the computer grades your answer on the current question. Answer the question correctly and the computer will choose your next question at a slightly more difficult level. On the other hand, if you have given a wrong answer, the test will drop a level and keep dropping until you can answer begin to questions correctly.
In other words, test questions become progressively easier or harder until the system has a reliable assessment of the candidate's level. The pass level required for settlement purposes is very low.
You may obtain some test & score result sheets (usually a blue colour) on the day, the final certificate (cream in colour) will take about three weeks to arrive, it is issued from Cambridge University in the UK.
My wife took the BULATS test at:
Vantage Siam.
65/213 Chamnan Phenjati Business Center Building
25th Floor, Rama 9 Road
Huay Kwang
Bangkok 10310
Tel: (66) 2-248-8306 to 13
They will require:-
- to book about two weeks in advance
- original ID Card
- other form of Identification (passport etc)
- a fee of 7000 Baht (if taking the BULATS test, other fees for other tests)
Here is a link to the Vantage Siam Website for BULATS.
Collecting Information for a Visa (Where to start ?):
The UKBA have a reasonably good website (click here), with a lot of information on it, but the information is not always where you would expect to find it, or always up to date. I will try to narrow down the areas you may want to look at regarding a settlement visa.
The type of visa your spouse will be applying for is covered under Chapter 8 of the Immigration Rules, (updated 9th July 2012) Appendix FM-SE, guidance to these rules can be viewed here.
A visa company will provide you with a list of things to do, items to collect under various headings, and arrange those items in a folder to “support your spouses application”, they may also suggest wording to use in supporting letters etc. If you follow the information here, you can easily do it yourself, saving you a lot of money in the process. Please don’t be swayed by stories of “a friend of your wife who used XYZ agency and they got their visa”…. You can do it yourself… I just want to make it clear that even if you did decide to use a Visa company, you would be doing 85% of the work yourself.
In principal, to obtain a Settlement Visa for your spouse, all anyone needs to do is:-
- complete an application form
- fit the set criteria
- provide supporting evidence
- pay the appropriate fee.
It sounds simple and, in reality, if you approach it the right way, with a plan, slowly and surely you can tick off everything required….
I would suggest that a lot of unsuccessful visa applications are unsuccessful simply because they have not spent the time to provide suitable and adequate supporting evidence. It is never too early to start collecting the information / evidence to support your spouses visa application.
So where to start…..
There are the four main points to keep in mind that you / your partner must evidentially prove:-
- your partner is personally eligible for a visa
- you are in a genuine and subsisting relationship
- you are able to meet the financial criteria required (updated 9th July 2012)
- you are able to provide adequate and suitable accommodation for yourself and your partner in the UK
These four main areas obviously will need to be covered in detail to make sure that the application is sound.
The main change on 9th July 2012 in this section is the new financial requirements for settlement visas, in the past it was, to a degree, down to the ECO’s interpretation of the financial information supplied.
The changes made on 9th July 2012 now require set levels of income or savings, these introduce a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for partner and one child and an additional £2,400 for each further child. Or savings
The system (that most applicants use), is to put everything into a folder under various headings or sections, it makes it a lot easier for the Entry Clearance Officer (ECO) at the UKBA to see, follow and understand.
There is no “set way” to do this; there will be many variations on how to do it. Over a period of a number of years, a lot of information has been fed back from previous applicants who have both succeeded and failed. This forum also has a few ex-officials from the UKBA / Immigration So hints and tips have been provided from far more knowledgeable and “connected” people than I. The method used below is a combination of all this knowledge.
So, let me share with you how we did ours, you could use it as a starting point or copy it as is. Some may say it is too much, others will say not enough, some will say you don’t need document “X” others will say you do….. Everyone has their own opinion; all I will say is this… “It worked and we got the Visa, first attempt, no questions asked”. As they say in Thailand “it’s up to you”.
This is a list of all the 50 items we provided in our folder and how we divided it into sections:-
Full Index and Contents Page
Section 1: Application Form and Letters of Support
- Copy of the Visa Application Form (New form from 9th July 2012)
- Letter of Support from Sponsor
- Letter of support from Applicant
Section 2: Personal Details of Mrs XXXXX
- Passport of Mrs XXXXX
- Birth Certificate of Mrs XXXXX
- Copy of Thai I.D. card for Mrs XXXXX
- TB Certificate issued by IMO for Mrs XXXXX
- A1 English Language Test Certification Mrs XXXXX
- Copy of All Passport Pages Mrs XXXXX
- Original Marriage Certificate & Translation for Mr ZZZZZZ & Mrs XXXXX
- 2 x Passport type Photographs of Mrs XXXXX (signed as true likeness)
Section 3: Personal Details of Mr ZZZZZZ
- Passport Identification Page of Mr ZZZZZZ
- Birth Certificate of Mr ZZZZZZ
- Self Certified Copy of All Passport Pages Mr ZZZZZZ
- Divorce Certificate of Mr ZZZZZZ
- Certified Affirmation to Marry Mr ZZZZZZ
Section 4: Accommodation
- Photographs of House of Mr ZZZZZZ
- Floor Plan of House of Mr ZZZZZZ
- Mortgage Agreement / Letter of support from Landlord / Change Tenancy Agreement
- Council Confirmation of Register of Electors 2011
- Council Tax Bill 2011
- Electricity & Gas Statements - 12 month Statement of Account
- T V licence 2011
- Utilities Water Statement 2011
- House Contents Insurance 2011
Section 5: Employment, Finance & Financial Support
(New Financial requirement as of 09th July 2012)
- Certified Copy of Contract of Employment (Terms & Conditions of Employment / Service Agreement)
- Confirmation from Employer of Current & Continual Employment
- Last 12 Months Pay Slips
- P60 End Of Year Certificate for 2011
- 12 months Bank Statements (Current Account)
- 12 month Statement of Interest (Savings Account)
- Copy Kassicorn Bank Book (Thailand) Savings Account 2011
- Most Recent Credit Card Statements
- Bank Confirmations of Transfer of Funds to Mrs XXXXX Bank
Section 6: Proof of Relationship and Contact
- Flight Confirmations and Boarding Passes for all previous trips
- Receipts for Hotels (in joint names)
- Receipts for gifts, flowers, presents, etc
- Photographs of Holidays together
- Photographs at wife’s home village
- Photographs Holidays with Family
- Photographs of Wedding
- Photographs of Honeymoon
- Photographs with Family
- Records of letters / gifts sent by post (last 1 year)
- Records of all SMS to / from Mr ZZZZZZ & Mrs XXXXX (last 1 year)
- Phone Record / Skype Receipt page for pre paid calling plan “Unlimited World” (last 1 year)
- Phone Record / Skype mobile calls to Mrs XXXXX using Skype mobile. (last 1 year)
- Skype Video Call Log. (last 1 year)
- Examples of screen shots of original Skype records. (last 1 year)
- Other Telephone records etc (last 1 year)
- All items, wherever possible, were original documents.
- Each Section had a Section Index with detailed explanations where required.
- Every item was marked in the top right hand corner with the item number, in case one or two pages were dislodged from the folder.
- Where required, items were cross referenced to other sections.
- A full photocopy of the folder was added for retention by the UKBA.
As you can see, this made up a fairly chunky “supporting documents folder” so a decent quality folder with 100 fixed transparent pockets was used at a cost of about £20.00 A printed front title sheet with Visa Application of Mrs XXXXX, made it look presentable.
Visa Application Process
Once you have collected all the information you will want (or more correctly) your wife will want to apply for a Settlement Visa.
Be advised there is also a new form to use for applications made from 9th July 2012
In Thailand, the UKBA outsource the handling of the Settlement Visa applications to a company called VFS Global, they initially collect the application from your spouse and forward it to the UKBA at the British Embassy for processing.
Your visa application will be processed and decided by UK Border Agency staff. VFS Global staff does not, play any part in or influence the outcome of your visa application.
The first step in this process is to complete the online application form this can be done in stages, and may be saved at various points, so if you need to you can save it and come back and complete it later. The system holds your application for 1 week, but you can revisit it and save it again if needed.
A point to note here is - entering the date you want the visa to run from. If you want to be able to use it as soon as you get it, put a date just a few weeks ahead, some people, thinking it will take 12 weeks to process, have put a date 12 weeks ahead, only to get the Visa in a 2 weeks, but with a “can be used from date” still 10 weeks in the future, so they have to wait.
When you have completed the application you will be directed to print it out and make an appointment for your spouse to hand in the application, this is also completed online Book an Appointment Here.
You (or your spouse) will be able to make an appointment to present the application with supporting information up to one week ahead. You can if required cancel or change the appointment times by re visiting the booking system.
It’s a good idea to print off the appointment letter and another copy of the application for later reference.
Presenting the Application:
When the time comes your spouse will need to attend the appointment at the VFS Global Office in Bangkok:-
The VFS Global office is located here:-
Regent House 2nd Floor
183 Rajdamri Road
Lumpini
Bangkok 10330
At the same time VFS staff will collect Biometric Data from your spouse, i.e. fingerprint scans etc.
I would advise that you / your spouse arrive in good time, and be prepared to fend off any over zealous visa agents who also work in the same building and try and influence you to have your application reviewed.
It would appear that one change from when we went through the process is the ability to pay online, I can not comment on this, as we used the bank on the ground floor of the building to get a Cashiers Check for the application fee, and included this in the application.
Only the applicant is allowed to enter the Office at the appointed time, so if you are with them you will have about an hour and a quarter to kick your heels, there is a coffee shop downstairs that does a reasonable toasted sandwich.
Your spouse will, at the appropriate time be allowed into the office and will have her documents and application form checked double checked and accepted.
There has been talk that the VFS remove items from supporting document folders to save on space when forwarding the applications to the UKBA at the Embassy. I instructed my wife, not to let them take out items from the original folder and tell them everything was referenced with a contents list and in a particular order. They listened to her and forwarded both folders intact, when she got the original folder back, nothing had been removed.
Your spouse will need to have the following:-
- Appointment letter
- A cheque for 40,500 Baht application fee (or pre payment)
- Copy of completed application form
- 2 x photos, signed on back as a true likeness
- Supporting documents folder as suggested above with original documents attached (Passport, TB Xray Report, English Language Pass, etc)
- A copy of the supporting documents folder with photocopies of all required documents for retention by the UKBA
Your spouse will also have the option of paying some additional baht to (a) be kept informed of the application progress by SMS and (b) having all documents returned to an address by courier rather than have to collect them from the VFS Office in Bangkok.
Summary of the Changes to Migration and Immigration Rules, 9th July 2012:
- introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for partner and one child and an additional £2,400 for each further child;
- publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues;
- extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship;
- abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;
- from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt; and
- allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor.
Further information on the changes can be viewed at the relevant page on the UKBA website.
Finally:
In a nutshell, that’s it…… now sit back and wait, it can take up to 12 weeks but it is usually done before that. At best settlement applications have been processed in just a few days when the demand is low… Ours took about 4 to 5 weeks, but was during the floods and that delayed things.
This will not have answered all your questions, but hopefully will have helped with a lot of them, and given you a better overview as to the requirements and the process.
The forum is a brilliant source of knowledge and information, without it I would not be sitting here with my wife at my side in sunny (not) England.
I would like to thank all those who helped me on my journey, I am sure some of them will still be there to help you.
Good Luck in all that you do.
This is my way of giving a little back..............
Frogster (Kev)
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