Originally Posted by cliveshep
My last question probably got missed so I've bumped it back if anyone can offer an informed opinion please? We are now planning to marry in February regardless as I am spending a month there - two days in January and the whole of February. I've already booked my ticket and we'll be staying in rented accommodation together. This was my last post:
My thinking is running along the lines of spending 4 weeks with her in January to February, armed with divorce papers, get an affirmation from the British Embassy of freedom to marry, and marry her under Thai law there.
I thought it might be easier to fight an appeal if the visa was refused as I couold then present my case to a Judge as a man wanting his wife to come to the UK - not just a girl-friend.
Meaning the argument would carry significantly more weight in a UK Court.
My friend was in court over an appeal for his parents - both in their 70's. UKBA's reason for refusal was they would want to work! Silly sods! THey lost and he won but he did say to me that he was able to present all the papers etc to the Judge and make his case personally and the Judge was very sympathetic. The problem with UKBA seems to be that they are so buffered and protected so that you cannot actually TALK to anyone - it is all impersonal forms by internet and interviews where husbands are excluded, and it does not seem to be the case in Court that I would be excluded.
What do you think folks?
I don't know about the prospect of bringing your Thai fiancée/wife to UK, as UKBA will take into account all available evidence. Being married, and the marriage is subsisting, will be a positive factor but not the overriding one. Living for a month is still considered a holiday and not residence. If you were to live there for a year as husband and wife, that would carry more weight. You still have to meet financial and housing requirements, and as I've said, your resources must be seen to be more than sufficient to keep the both of you without difficulty. The target to aim at is something around the national average salary of £26k a year, including savings and external support, though some people have been approved with less, depending on personal circumstances.
Should you visa application be rejected and you go for an appeal, you need to show that UKBA has made a mistake, hasn't followed proper procedure or appeal on humanitarian grounds. A couple have the right to live together, but not necessarily in UK. If you can live in Thailand with her, that will, in their view, satisfy the requirement, unless there are overwhelming reasons against, such as fear of persecution, risk to personal safety or lack of medical care that she needs. Your willingness to continue your married life in Thailand, or somewhere else, will be taken as an indication that you are serious about your relationship.