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bluepenguine wrote: ↑Thu Oct 17, 2019 3:57 pmHi geoeng,
We're not alternating visiting each others in the sense that we're being apart. We are physically together all the time and he has his name on some of the utility bills at the condo in Thailand. We establish that we live together in Thailand, but travel together for holiday in the UK. My partner visa status in Thailand is a tourist visa.
I'm just worried that the time that we were on holiday together in the UK doesn't count toward "living together" requirements.
thanks
I get that, I mean that you're alternating visiting each other because neither of you has the right to reside in the other's country since you're each only entering as tourists (I assume, I'm not entirely familiar with the rights conferred by Thai tourist visas). I don't think the time spent on holiday in the UK is much of a concern provided you could establish that both of you at the time maintained a permanent residence in Thailand while you were travelling. My concern is that you wouldn't be considered living together in Thailand (just a concern of mine and not necessarily what the Home Office in the UK would think). I think your partner would likely struggle to prove residence in Thailand, particularly if he has no tax obligations there and no official documents proving residence (e.g. driving licence, letters from GPs, letters from government departments, even a tenancy agreement). I could very well be wrong though, I'd be interested to hear what others think about this situation as it is rather complicated.bluepenguine wrote: ↑Thu Oct 17, 2019 3:57 pmHi geoeng,
We're not alternating visiting each others in the sense that we're being apart. We are physically together all the time and he has his name on some of the utility bills at the condo in Thailand. We establish that we live together in Thailand, but travel together for holiday in the UK. My partner visa status in Thailand is a tourist visa.
I'm just worried that the time that we were on holiday together in the UK doesn't count toward "living together" requirements.
thanks
There are two potential problems:bluepenguine wrote: ↑Thu Oct 17, 2019 4:34 pmInteresting point. We haven't thought about this aspect. We couldn't have a tenancy agreement as I co-own the place with my mother. It wouldn't make sense to rent a place from myself.
thanks for your thoughts.
(Apologise for posting the same reply many times. I'm new here and I thought I was editing the same post, instead it posted new ones.)
Thanks for your thoughts.ALKB wrote: ↑Sat Oct 19, 2019 10:34 amThere are two potential problems:bluepenguine wrote: ↑Thu Oct 17, 2019 4:34 pmInteresting point. We haven't thought about this aspect. We couldn't have a tenancy agreement as I co-own the place with my mother. It wouldn't make sense to rent a place from myself.
thanks for your thoughts.
(Apologise for posting the same reply many times. I'm new here and I thought I was editing the same post, instead it posted new ones.)
1. From October 2018 to October 2019 you spent 8 out of 12 months in the UK - that's a lot if you want to count as resident in Thailand. It may also be seen as residing in the UK under the guise of a visitor visa.
2. Your partner wants to use UK income to meet the financial requirement while he wants to be seen as living in Thailand, where he has no legal status that actually allows him to work.
I am guessing that marriage is not an option? That would do away with most of these issues.
It may all sail through but personally, I would not risk it.
bluepenguine wrote: ↑Mon Oct 21, 2019 11:51 amThanks for your thoughts.ALKB wrote: ↑Sat Oct 19, 2019 10:34 amThere are two potential problems:bluepenguine wrote: ↑Thu Oct 17, 2019 4:34 pmInteresting point. We haven't thought about this aspect. We couldn't have a tenancy agreement as I co-own the place with my mother. It wouldn't make sense to rent a place from myself.
thanks for your thoughts.
(Apologise for posting the same reply many times. I'm new here and I thought I was editing the same post, instead it posted new ones.)
1. From October 2018 to October 2019 you spent 8 out of 12 months in the UK - that's a lot if you want to count as resident in Thailand. It may also be seen as residing in the UK under the guise of a visitor visa.
2. Your partner wants to use UK income to meet the financial requirement while he wants to be seen as living in Thailand, where he has no legal status that actually allows him to work.
I am guessing that marriage is not an option? That would do away with most of these issues.
It may all sail through but personally, I would not risk it.
We plan to use my partner's savings to meet financial requirement only. So there won't be an issue of his working status in Thailand. We plan to marry in the future but we want to prioritise our finance in creating lives together ( buying a house in the UK together, starting lives in the UK etc) first. I have to admit that there are a lot of concerned points.
This is irrelevant.it's very uncommon for a non serious boyfriend to be included in a family gathering
Personally, I would not apply for an unmarried partner visa under these circumstances. You risk having a rejected settlement application on your record, which will make it pretty much impossible for you to even get a visitors visa.bluepenguine wrote: ↑Mon Feb 03, 2020 3:01 pm
I'm not sure what else we can provide really, unless you have any suggestions?
My thought with misrepresentation was simple. If they read the requirement of co-habitation literally, they might think that you - sort of - try to mislead them saying that you were living together whereas in fact (per their potential view) you were only visiting each other. My advice is just be very careful with what you state and present. I’m not saying you want to mislead them, I’m saying that in a subtle situation like yours it’s easy to be misunderstood.bluepenguine wrote: ↑Wed Feb 05, 2020 5:10 amThanks guys for your ongoing help.
@iwolga - In what way would our case be seen as misrepresentation? Everything we intend to present is factual and accurate.
If a visa were to be refused, is it always the case that subsequent visits to the UK are also rejected (is there a link to any specific guidelines?). Surely an applicant is no more risk after having failed a UK spouse visa than they were when they had previously been granted a UK visitor visa? If a non law abiding person had wanted to stay illegally they would have already had the chance to have done so?
I already have a 2-year visitor visa that is valid until Oct 2020. Would this be automatically revoked, or wouldn't revocation only apply to failed UK spouse applicants who hadn't previously visited?
Also, if we apply and are rejected for an unmarried partner visa, would it effect our chances of re-application (for example, if we subsequently got married and then applied for a married visa)?
It is unlikely to be revoked as such, but when you try to enter the UK on it, the settlement refusal will flag up and your visitor visa will probably be cancelled on the spot and entry refused.bluepenguine wrote: ↑Wed Feb 05, 2020 5:10 am
I already have a 2-year visitor visa that is valid until Oct 2020. Would this be automatically revoked, or wouldn't revocation only apply to failed UK spouse applicants who hadn't previously visited?