Announcement

Collapse
No announcement yet.

UK visa - separated from partner but wants a visa

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • UK visa - separated from partner but wants a visa

    Hi all, after some advice regarding UK visa for a complicated situation that has recently come to light
    My partners ex-wife/partner (unsure of the title) is a Thai citizen, she has been in the UK for maybe 5/6 years on a sponsorship spouse visa (Im not sure on the exact details or the process), she was living with him etc and not working until 18 months ago, they separated nearly 2 years ago and she moved out of his house 18 months ago, now lives alone and has a job.

    Our relationship is getting a bit more serious now, but she is asking him to get her a permanent UK visa - where does she stand with this as they are no longer together? He doesn't seem to want to tell me the entire story and insists they are not married - but this is a bit of a red flag for me and preventing our relationship from moving forward - I've tried endless searches on google but I'm unsure what I am looking into.

    Can she get a permanent visa if they are no longer together? Can she remain in the UK if they are no longer together? Do they need to notify someone they are not together anymore?
    I don't want to be part of any form of illegal activity hence my concerns but with him not telling me the whole story (he says they agreed to get her a visa for her to sign some documents to end whatever 'marriage' they had in Thailand and thats all he will say, he said the only way he can end it all is getting her a visa as she refuses to sign any other paperwork) Im a little lost at where to look/how this all works and our relationship is on a fine line based on all this - i don't want to move in with him etc if all that is going on behind my back...
    Thanks in advance for any responses.

  • #2
    akoput827 Welcome to Thailand-UK, it’s good to see you here and I hope you stay around. There are many knowledgeable people here who are willing to offer their experiences of all things Thai.

    I am a little confused as to who the parties in this are. Is the only Thai person in this situation your partner’s ex? If the “ex” has been living in the UK for more than 5/6 years she has likely become a permanent resident and so yes she is possibly entitled to stay in the UK. It all depends on the visa she currently has.

    The question arises is if your partner is married or not. Can you provide more detail regarding the documents that were signed?
    Tobias - โทเบียส
    Every vaccination gives us HOPE.
    Don't delay in getting your
    COVID-19 vaccine when it is offered.

    Comment


    • #3
      Welcome to Thailand-UK, as Mr T has said plenty of people here to try and help you with this.

      I, like Mr T, am not sure exactly what you seem to be looking for. Are you looking to help her to get a visa/stay in the UK?
      Are you just looking to try an clarify what his marital status is so you can determine what your relationship can be?

      Firstly there are 2 types of "marriage" in Thailand.
      1). The village ceremony that is normally enough for the family and friends to recognise that a couple are "joined" in marriage, although this is not officially recognised by the "laws" of any country, certainly not in the UK.
      2). An Amphur Marriage is where a small official ceremony is carried out and official certificates are created (for a small fee) to prove a recognised marriage in most countries and this it the type of marriage need for a settlement visa to the UK.

      A BIG guess here, without knowing the details, is that your partners "ex wife" joined him on a 5 year settlement route to the UK and that they have been through at least the 1st and possibly the 2nd (FLR) part of that settlement/partnership visa. This partnership visa I am guessing would be of a married kind, so option 2 above would apply.

      From what you have said
      he says they agreed to get her a visa for her to sign some documents to end whatever 'marriage' they had in Thailand and thats all he will say, he said the only way he can end it all is getting her a visa as she refuses to sign any other paperwork
      it sounds like she is trying to make him complete her settlement visa in return for signing documents to end his marriage.

      If you are looking to find out your partners "status" then from what is said above it sounds like he is legally married to her (option 2 above) and would need to seek a divorce from her, either in Thailand or here in the UK.

      If it was option 1 above there is no paperwork needed for him to sign as this type of "marriage" is not a recognised form of marriage in the UK.

      Obviously all the above is GUESS WORK without the documentation or her visa status being made clear. But it might give you some idea what you are looking at.
      When will I see you again
      When Thai Air give me my money back

      Comment


      • #4
        Thankyou so much for your responses. Sorry I wasn’t very clear. My part in this is just trying to understand what processes they are going through and ultimately if there is any aspect of it that may be affected by them no longer being together but seemingly acting like they are for her to get her visa.

        Unfortunately I am unaware of the type of ceremony they had but from reading and the information I do knows sounds like they had an Amphur ceremony. He did tell me the ‘agreement’ they had was over 5 years so again sounds like the 5 year settlement route. This is just a guess on my behalf too.
        I was just wanting to gain further information as unfortunately he isn’t telling me the entire story. By all means they were in this relationship and had been on this settlement route for her in the UK and that’s between them, just as someone who is now involved with him romantically I was wanting to understand his current situation with her.
        All he has said in very little words is she wants him to sort (I dont know what to sort) her ‘permanent visa’ and then she will sign the documents so again I’m guessing the divorce.

        Is any part of the 5 year settlement affected with them no longer being together? The red flag for me is they are ‘pretending’ to be in a relationship to finalise her visa. Sorry if that sounds off but that’s how I see it from my perspective. Thanks again

        Comment


        • #5
          I'm going to assume the visa in question is the SET (M) application which, if granted, entitles the applicant to settlement, also known as indefinite leave to remain (ILR). However, if the application is at the FLR stage my comment would be the same.

          One of the mandatory documents that MUST be supplied is the 'Declaration for spouses, civil partners, proposed civil partners, fiance(e)s, and unmarried partners'.

          The spouse/civil partner has to sign the following declaration: I confirm that I am the spouse or civil partner of the applicant. I declare that we are still married/in civil partnership and that we are living together as partners ans intend to live together permanently in the UK.

          It goes on to say: I am aware that it is a criminal offence, to make a statement or representation which I know to be false or do not believe to be true, or otherwise to help someone to obtain leave to remain in the UK by means which include deception.

          Comment


          • #6
            Originally posted by akoput827 View Post
            Is any part of the 5 year settlement affected with them no longer being together? The red flag for me is they are ‘pretending’ to be in a relationship to finalise her visa. Sorry if that sounds off but that’s how I see it from my perspective. Thanks again
            I would definitely think there might be a "red flag" with them "pretending" to be together, especially if that means signing legal documents to arrange for her ILR completion.

            Do not be sorry, I totally understand what you are thinking and not wanting to be party to any wrong doing. Quite understandable that you want to be clear in your head as to what is going on.

            ...ultimately if there is any aspect of it that may be affected by them no longer being together but seemingly acting like they are for her to get her visa.
            I'm afraid I do not know the legal side of what happens if a marriage breaks down during the 5 year stage of trying to gain FLR/ILR as to if the person from another country would be allowed to stay in the UK.
            Mr T would be the best person to answer this I would think.
            There is a link to the Gov website on that subject here which you might want to read.
            Unfortunately, following through the links and answering the questions it would appear (from the small amount of information provided) that unless she has been her 10 years then it is unlikely that she would be allowed to stay here.

            All he has said in very little words is she wants him to sort (I dont know what to sort) her ‘permanent visa’ and then she will sign the documents so again I’m guessing the divorce.
            To "sort" something out means to get it arranged/done/completed, so in this case to "sort" her visa would mean to act like they are still together so that she can complete the 5 year settlement route. Once done it sounds like her part of the arrangement would be that she would then sign divorce papers for him.
            Last edited by Gary & Nok; 5 Aug 2021, 10:43.
            When will I see you again
            When Thai Air give me my money back

            Comment

            Working...
            X