globalThailand

Hi All,

I've spent the last week or so gathering info on getting a 'family of a settled person' (Aka. Spouse visa) for my wife.  I've lived in Thailand for 10 years, we married 7 years ago (officially registering around the birth of our son 2 years ago).  As far as I can see we meet the financial requirements (unless the pound suddenly jumps back to the 50 baht level!), my wife is about to take the English test (should be a breeze) and the TB test will be booked next week.  

The issue I have though is about the requirement of accommodation. I have accepted a job in Scotland and will start there early in the new year but, as I am still in Thailand, I haven't secured anywhere to live (and I don't really want to sign up a 12 month rental on a place I haven't seen).  I have family in the UK and my plan was to use my mum's address (with a letter of invitation / consent from her, of course) for the application.

However, I'm concerned about a couple of things if I go this route:

1.  The property is council owned. My mum has lived there 24 years, is an assured tenant, on disability living allowance.
2.   It's in north London... nowhere near the job offer!

Reading up on what the ECO considers as adequate accommodation my feeling is point 2) is pretty irrelevant - The house has enough spare bedrooms, meets the requirement laid out in the housing act 1985 -  it's proximity to my workplace shouldn't come under consideration.  Point 1) is what what worries me most.  As it is council property, my mum technically doesn't have the authority to give consent as to who lives there.
 

We are already resigned to the fact I will be heading back first (the language test and application length means a visa approval before early Jan is very unlikely).  My dilemma is, do I secure a place in Scotland first, then apply (meaning an even lengthier time apart from wife and child), or use my mum's place on the application?   If so, should we try to get a letter of consent from the housing association (even though really we'd only be there for a week at most before heading to Scotland)

Any advice would be much appreciated. Plus any suggestions on supporting evidence would be great.  Thanks in advance!

On 12/2/2016 at 10:37 PM, brewsterbudgen said:

I don't think A2 can be done in Thailand - only Life Skills A1 or B1.

That seems to be the case as far as I can see.  As I understand it, it's A1 for the initial 33 month visa and A2 (available only in the UK) for the 2nd 33 month FLR(M).

On 12/2/2016 at 5:56 PM, 7by7 said:

 

Bear in mind that once a pass has been used for a successful application it can, provided it is at or above the required level, be used again for all subsequent ones; even if the certificate has expired or the provider is no longer on the approved list.

 

See paragraph 32D of Immigration Rules Appendix FM-SE: family members specified evidence,

<snip>

Thanks for the info 7by7... these gov guidance notes really do seem overly complex!  Paragraph 27(ii) seemed like the final word on the matter.

Quote

From Immigration Rules Appendix FM-SE: family members specified evidence Para 27 regarding language requirement (bold is mine)

 

(ii) that test was an English language test in speaking and listening which is approved by the Secretary of State, as specified in Appendix O, and was taken no more than two years before the date of application and at a test centre approved by the Secretary of State as a Secure English Language Test Centre.

Anyway, I was worried we'd miss the test date window so we booked A1 for mid December.  Thanks again for the advice... I'm sure I'll be bugging the forums some more in the coming days as we get closer to submitting the application.

Thanks for the info 7by7.  After double checking the available dates for the General Test we opted for the Life Skills through British Council at the Landmark hotel

15 hours ago, 7by7 said:

<snip>

But for IELTS for UKVI the level starts at B1, not A1.

 

A heads up re. the levels offered.  It seems A1 is available and offered by the British Council (See here).  I'm pretty sure my wife would do fine at B1 level but since it's only valid for 2 years I think we'll get the required A1 and cross the B1 bridge when it's necessary. 

My wife will need to take the IELTS for UKVI test.  This is the first application for spouse visa to join me in the UK and according to the Immigration Website that requires A1 in speaking and listening.

I've checked British Council and IDP websites and was about to register but I'm slightly confused by the options of; 

IELTS General Training for UK Visas and Immigration

or

IELTS Life Skills A1

Would I be correct in thinking the Life Skills test is the requirement?  Would the General Training also be valid? (I'm asking because there's a chance to take the General Test at an earlier date)

Thanks in advance

Just now, theoldgit said:

 I suppose you could say that your wife is living with your Mum whilst you're sourcing suitable accommodation near your place of work. To be honest as reasonable as that is I really don't know what their take would be on it.

That was the plan... but yes, reason sometimes takes the backseat to a 'technicality' on these things and that's what worries me.  Ultimately honesty is probably the best policy on the application though - the only other option would be to commit to a 12 month rent on a place I haven't seen... which would be nuts IMO.

Many thanks for the info - much appreciated

14 hours ago, theoldgit said:

l'm assuming you have accommodation lined up, your wife will need to include the evidence with her application.

Re: accommodation - The job I'm taking is in Glasgow, the family home (aka. "Mum's house") is in London.  I don't have a fixed address in Glasgow yet and was thinking of using the address in London for application purposes (with 'invitation' letter from my mum as supporting evidence).  Would that be a decent approach?

14 hours ago, rasg said:

They don't call you in for an interview. They call you by telephone if there is anything that needs clarifying so you don't need to worry about that.

 

You need a Settlement visa and need to complete the from VAF4A and Appendix 2. VAF4A is online. You need to download Appendix 2, print it and complete it the old fashioned way. 90% of it is is the same as VAF4A.

 

Your wife needs an English language test and a TB test.

 

I haven't heard of a Settlement visa taking much more than 3 weeks this year but over Christmas you have to take the holidays into account.

 

Apply to join family living permanently in the UK".

 

That question is really confusing and it doesn't matter if you are here or in Thailand.

 

Presumably you married in Thailand? Her visa will last for 33 months and she can work from the moment she arrives. Then FLR and ILR that you can apply for from within the UK.

Thanks for that rasg.  I hadn't quite got that far with the specific form I need yet, (currently collecting evidence and info on the requirements needed) so that helps a lot!

We did marry here - all of our documents are translated with MFA seal of approval (oh, the many hoops we had to jump to get my son a British passport!)

Thanks TCA, much appreciated. 

I'll be honest, the language requirement threw me a curve ball - I thought that came when applying for ILR or citizenship... very surprised! 

I guess my followup question then would be about the type of visa needed.  The wording on the immigration website plants the seed of doubt when the heading in bold is "Apply to join family living permanently in the UK"... at the time of application I'll still be in Thailand.  Am I technically living permanently and 'settled' in the UK having stepped off a plane after living in Thailand for 12 years?  Again, perhaps I'm just over thinking this but the prospect of being split from my family for any length of time has come as a surprise - certainly taken the edge off the high of getting a decent job back in the UK!

***EDIT*** Apologies - I found an answer to my question 5 minutes after posting!  The answer is, one can not switch from visit visa to FLR...

I'm hoping to relocate back to the UK with my wife of 7 years and 2 yo son (who holds a British Passport).  I have a confirmed job offer that more than matches the 18600 financial requirement and have been earning the minimum requirement here in Thailand for 12 months.  The problem I have is that I start at the new company in early Jan but the next available IELTS UKVI language test is on the 15th Dec... With a 7 day wait on the language certificate the best case scenario is we drop the application in around the 22nd Dec - cutting it way too fine to get approval before the flight.

As far as I can see I have 2 options

1) We apply now for settlement visa, I leave for work and my  wife / son joins at a later date

2) We apply for a tourist visa now, head to the UK and apply for leave to remain (after taking the language test at a center in the UK)

I don't like option 1) as that could mean a month or more away from my family and, as I understand it, I could be asked in for an interview (having already headed for blighty)

Option 2) seems good to me.  My wife has been half a dozen times and I'm sure we could get a 6 month tourist visa in a very short amount of time.  However, I'm worried about the legality of doing it this way.  Can she transfer to FLR Settlement from a 6 month tourist visa?  On the immigration website it does say you can "switch to a ‘family of a settled person’ visa" and it doesn't say specifically that you can't do that from a tourist visa.  In fact if it's done by post it looks to be cheaper doing it this way.  Am I over thinking this?

Your cumulative experience and advice would be much appreciated!

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Earlier on today I completed wifey's visa application and proceeded on to make the appointment but there weren't any dates for June yet, I called the helpline number and the lady said the dates go online weekly.

Had a little moment there.

Jimmy

Had any luck there? It's 4th June and still no dates for June... I think I might be having one of those 'moments' you mention