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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7430
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My girlfriend of Thai nationality whom I lived with for a

Resolved Question:

My girlfriend of Thai nationality whom I lived with for a year and have been with for 2 years had overstayed her visa before I met her.
When immigration officials arrested her they did not believe she had a boyfriend and never let her contact me until she was ready to board the plane.
I was never contacted by them even though I phoned and asked them to contact me.
She payed for her flight home the day after they arrested her so I believe this is classed as leaving voluntary?
Can she apply to come back to the uk as we wanted to get married but we never wanted to be apart and was afraid that we would be seperated like we are now.
How long do we have to wait before applying for a visa for her to come back and is this possible.
Thank you in advance
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Thomas replied 1 month ago.


How long had she overstayed her visa for please?


Customer: replied 1 month ago.
Hi Tom,Thank you for the reply, she had overstayed for 2.5 years roughly
Expert:  Thomas replied 1 month ago.


Are you a UK citizen and do you earn more than £18600 per annum from salaried employment?

When did your girlfriend leave the UK please?


Customer: replied 1 month ago.
Hi Tom,I am a uk citizen since birth, I earn 28,500 per year and she left the uk in August this year.
Expert:  Thomas replied 1 month ago.


Thanks for your question. I will try to help.

If she paid for her own flight ticket home and did not dispute her removal from the Country then this would a voluntary departure at her own expense. This would normally attract a one year re-entry ban.

However, once it is established that your relationship attracts Article 8 Rights to Family & Family Life under the Human Rights Act then the re-entry ban would not be applicable. However, in the case where there is an entry ban you can expect your application to be considerably more rigorously inspected than other applications.

If it is the case that you to marry and then settle in the United Kingdom then you would have to apply for either a Fiancé Visa or spouse visa depending on what you decide to do.

If the plan is to settle in England once you are married then she will need to apply for settlement.

There are two ways of doing it. It is not absolutely necessary for you to go there to marry in order to get her a visa to come here. You can apply for a fiancé visa so that she can come here specifically for the purpose of marrying. Once married you would then have to apply for a spouses visa (settlement – Further Leave To Remain). Two applications, two application fees.

Alternatively, You can either marry outside the UK and then apply directly for a spouses visa at the UK embassy there; Once application, one application fee.

There is a larger amount of documents to submit for a fiancé visa because you have to show that you intend to marry once she arrive here.

The eligibility criteria is largely similar for both applications. The advantage is that if your fiancé visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.

Here is the criteria you would need to fulfil for a fiancé visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-

{C}· If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc.), booking of a wedding venue, evidence of invites etc.

{C}· Bank statements from both you and your fiancé going back 6 months showing the income/capital you have available

{C}· Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment

{C}· Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)

{C}· Marriage certificate, Birth Certificate, passport

{C}· Evidence of correspondence between you and your fiancé showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records

{C}· Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement

{C}· You should also include job adverts showing jobs available that you could do when you come here and show, via your CV, that you have the qualifications and work experience that you would be a viable candidate for those roles

She will also have to pass an English Language test:-

The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.

She will need to apply for fiancé/spouses visa using form VAF4.

Generally, I’ve found that persons considering applying for fiancé/spouse visa are surprised by the documentary requirements and complicated nature of the application preparation.

You should consider instructing a immigration solicitor based here in the UK to prepare an application for her (whichever way you decide to do it). You can find local solicitors via:-

It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,


Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7430
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 month ago.
Hi Tom,Thank you so much for the detailed answer it's really appreciated.
I'm going to Thailand in October to spend three weeks with her and because of the information you supplied we can decide the best approach to making a life together as we always tried and hoped for in the uk.Once again thank you so much for your help.Best wishes
Expert:  Thomas replied 1 month ago.

You're welcome..

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