LAWYER RESPONSE Dual national French/thai with thai fiance in UK

[AlexTongue]

I have dual nationallity British and french nationality. I have applied for my fiance from Thailand a fiance visa and she is now with me in uk. We are getting married in september in UK. Unfortunately in between I lost my job but managed to find another one with an agency but unfortunately I may not earn the minimum amount 18.600 per year as i did not work for 2 months.
As I have a french passport I was wondering if i could change route and do I have a choice and apply for a family visa? I did not apply for settled because I am also british.
Thailand is not on the red list and if i am not above the minimum 18.600 . She arrived in July and her visa finished in december .Do I have another choice. Please not that I dont have 63.000 pounds in my bank lol
As a french national can I have another choice . I was born in UK and have for the majority lived in uk
Someone has mentioned to check C-165/16 and surinder singh? could I apply for that
Thank you in advance

[Site Admin]

I have dual nationallity British and french nationality. I have applied for my fiance from Thailand a fiance visa and she is now with me in uk. We are getting married in september in UK. Unfortunately in between I lost my job but managed to find another one with an agency but unfortunately I may not earn the minimum amount 18.600 per year as i did not work for 2 months.
As I have a french passport I was wondering if i could change route and do I have a choice and apply for a family visa? I did not apply for settled because I am also british.

Afternoon,

I'm not sure what other visa you are referring to, once you marry, she will be applying for a family visa as your spouse. As you point out, being British means not being eligible for settled status, and even if you were eligible to sponsor a family member via the EUSS, this would only be possible if the relationship had been in place before end of last year, that means, having married before the end of last year, unless you could show you met the criteria for durable partners, which would require living together for two years before the end of 2020 or having joint responsibility for a child, so I can't see this route being an option.

Thailand is not on the red list and if i am not above the minimum 18.600 . She arrived in July and her visa finished in december.

I'm not sure I understand this bit, you said you are getting married here in the UK next month, so did she arrive in July 2021 with a visa valid till December? Or did she arrive last year, July 2020, and her visa already expired last December and she's overstayed? Or did she go back to Thailand? Would you kind clarify?

Do I have another choice. Please not that I dont have 63.000 pounds in my bank lol

Most of us don't!

As a french national can I have another choice . I was born in UK and have for the majority lived in uk
Someone has mentioned to check C-165/16 and surinder singh? could I apply for that
Thank you in advance

Surinder Singh is only an option for British citizens who have been living in another EU country with their family member, from what you say here, this doesn't seem to have been the case, unless you have been living in France, or another EU country with your Thai fiance as durable partners, as noted above.

[AlexTongue]

To have a fiance visa we had to prove that we were n a relationship and knew another . We did not live together for 2 years before the end of 2020 but just a few months in thailand.
She arrived the begnning of July on a fiance visa for 6 months and then after marriage have to apply for a spouse visa. . The problem is my salary is not going to go above 18.600 . I meant earlier Thailand is on the red list and I definitely dont want her to go back if I am not above the required salary.
When you calculate the average sum over 2 years ?

[Site Admin]

To have a fiance visa we had to prove that we were n a relationship and knew another . We did not live together for 2 years before the end of 2020 but just a few months in thailand.

Morning,

The other bit you mentioned, C-165/16 is commonly referred to as "Lounes", and refers to EEA nationals who naturalised as British retaining their rights to sponsor family members via EEA routes, including the EUSS. However, this only applies to those who were not born British and, from what you say above, you were born in the UK, so I'm assuming you didn't get British citizenship through naturalisation.

However, even if you satisfied the Lounes criteria, you'd still need to satisfy the durable partners criteria, this isn't just being in a relationship but having lived together or having joint responsibility for a child, so it doesn't look like you could go down that route.

She arrived the begnning of July on a fiance visa for 6 months and then after marriage have to apply for a spouse visa.

Many thanks for clarifying!

[Site Admin]

Aisha R (lawyer) Would you be able to comment?

[Aisha R]

I can only agree with my peers who have already replied above in considerable detail. If you can’t meet the financial requirements you can still apply for a spouse visa under exceptions and will probably be granted a spouse visa on a ten year route to settlement. If you meet the financial requirements in the future you can reapply and request to be put on a five year route to settlement.

[AlexTongue]

Thank you all very much for taking time to reply . I was looking in the wrong direction. I am sure I can find exceptions and hopefully she will be granted her spouse visa. thank you again

[Aisha R]

You cant find exceptions they are already available under immigration rules... you need to instruct a lawyer who can submit the application under the applicable exceptions

[Site Admin]

Thank you all very much for taking time to reply . I was looking in the wrong direction. I am sure I can find exceptions and hopefully she will be granted her spouse visa. thank you again

Best of luck and don't forget to keep us posted!