7by7

Maybe the font you used meant people gave up trying to read it? Speaking personally, I find that extra large fonts hurt my eyes and are difficult to read. Just a thought, so I've edited it to reduce the font size.

For the latest information regarding US visa submissions etc, click here.

MAA4 Maintenance: General requirements

There is no explicit minimum figure for what represents sufficient maintenance. If dependants of the main applicant are going to accompany him / her to the United Kingdom, resources must be available for the whole family unit to be maintained.

The ECO should bear in mind the position taken by the UK Asylum and Immigration Tribunal (UKAIT):

In 2006, the UKAIT in UKAIT 00065 KA and Others (Pakistan), strongly suggested that it would not be appropriate to have immigrant families existing on resources that were less than the Income Support level for a British family of that size.

More information is available on the British & Irish Legal Information Institute website (BAILII)

If it is more likely than not that the total amount that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds.

(My emphasis)

May be appropriate; not will be!

The immigration rules do not give a minimum figure, Para 281(v) simply says

the parties will be able to maintain themselves and any dependants adequately without recourse to public funds

Were I you I would stop doing endless calculations and instead start looking for suitable employers in the area where you intend to live, sending out CVs etc. to show the ECO that even though both you and your partner will be unemployed upon arrival in the UK, that situation, for one of you at least, isn't likely to last for very long.

A search of this forum's archives will show that NALAK is not the only person to have got a settlement visa for their partner whilst unemployed.

She can ask for the start of the visa to be post dated for up to 3 months when submitting the application.

Regarding the TB cert, I forgot to add that if it has expired when she first arrives, she may be sent to the medical centre for a chest X-ray or other screening before being allowed in. Apols.

The TB cert has to be valid when the application is submitted, not when the visa is granted.

However, there is a chance that on her first entry she will be asked to produce it, and if it is out of date she could be sent to the medical centre for a chest x-ray or other screening before being allowed to enter. This could cause a long delay.

Up to you if you want to take the chance of a long delay on arrival in the UK or pay to get a new certificate.

You only need to supply the documents requested in sections 10a and 10b of the form.

More posts deleted. Despite the warning above, certain members cannot resist!

Information has been obtained and provided and different people are placing different interpretations on that information. There is no need to direct childish insults to one whose interpretation is different to yours. If anyone wants a specific, legal interpretation on this; see a lawyer.

I'm closing this, and refer members to IJWT's comment when closing the previous topic

if anyone thinks it will help to continue by PM, please do continue to do so.

See the FAQ's from the First-tier Tribunal (Immigration and Asylum Chamber) especially 5. Refused entry to the UK (out of country appeals).

There is no fee for lodging an appeal. However, should it go all the way to a hearing then I would strongly recommend that you instruct a professional representative; either a specialist immigration solicitor or suitably qualified OISC adviser. As IsaanAndy says, it is unlikely that you would get legal aid.

However, you haven't even submitted the application yet. Get that right and there will be no need for an appeal.

She is 23 and i am 41. Will the age difference stop us getting a visa.

No.

There are basically three criteria which she will need to meet.

1) She is a genuine visitor with a genuine reason to visit

The reason to visit is the relationship with you. You should write a sponsor's letter briefly outlining the history of the relationship, what your plans for the future are and the reason for visiting the UK at this time, plus how long she intends to stay.

She and you should provide evidence of the relationship: your passport showing entries into Thailand to show how often you have visited her, phone and e-mail records etc. As suggested, photos of the two of you together at various times can help.

2) She will be adequately supported and accommodated while in the UK.

Finances for the trip can come from her resources, yours or both. Whoever is contributing toward the cost of the trip should provide evidence of their ability to do so; 6 months bank statements and, if working, payslips is recommended.

There is no set amount of money needed; it depends on the individual applicant's situation; how long they'll be staying in the UK, whether they'll be staying with friends or family etc.

Whoever is offering accommodation should show that there is room for her; ideally one room for her exclusive use, but sharing with another female should be OK for a visit, as should sharing you.

They should also show that she is allowed to stay there; either by providing proof of ownership if they do own (mortgage statement or copy of deeds) or a letter from their landlord granting her such permission if they rent.

3) She will return to Thailand, or at least leave the UK, when or before her visa expires.

If she satisfies the ECO on point 1, then this will go a long way toward the ECO believing she will return. However, concrete evidence is a great help as well.

If she works, then proof of this, such as a letter from her employer. Remember, though, that most Thais only get 2 weeks holiday, so the ECO may not believe a letter granting her a lot longer than this, unless it says why.

You may find Guidance - Visitors (INF 2) and Guidance - Sponsors (INF 3) helpful.

For updates on the current situation, see the links provided in this pinned topic.

The VAC staff cannot tell you the result as everything is returned to them in a sealed package. The embassy wont tell anyone the result for understandable (to me, at least) reasons of data protection and privacy.

If she otherwise qualifies for ILE but has not yet satisfied the KOL requirement then she will be given entry clearance for 27 months (ILE subject to KOL) during which time she passes the LitUK test or a suitable ESOL with citizenship course. Once she has done so she can immediately apply for ILR without having to spend the full 24 months probationary period in the UK. This is worth doing as the fees for ILR were increased each year above inflation by the previous government and I doubt that the new government will be any different.

The actual endorsement on the visa will be "SETTLEMENT TO JOIN/ACC PARTNER(KOL REQ) (your name)"

So in theory she could arrive in the UK on the day the visa expires, take (and pass!) the LitUK test and submit her ILR application that same day.

In my opinion, the sooner she can travel after receiving the visa the better, as this will allow her longer in the UK to settle in and prepare for the test or sit a suitable ESOL with citizenship course. Remember that if she has not satisfied KOL when her visa expires she will have to apply (and pay for) for an extension.

For more on the KOL requirement see Demonstrating your knowledge of language and life in the UK and the links on the right hand side of that page.

You are correct about the TB cert; it needs to be valid when submitting the application, not when entering the UK.

Moved to visa forum.

Topic closed, as this question is being dealt with in the OP's other topic.

Your wife cannot claim any of the proscribed public funds; but you can; provided you do not claim any extra due to her joining you.

You have a child, who is presumably a dual British/Thai national, and you and that child need somewhere to live. So you can claim housing benefit; that your wife would also be living in the property is irrelevant.

You can claim Income Support for you and your child, but not any extra for your wife.

You can claim child benefit for your child.

And so on; assuming that you yourself are eligible for the claimed benefit.

See this leaflet for more details.

Whilst the sponsor being solely dependent upon public funds is not in itself a bar to applying, if you can show that you do have some savings then this will obviously help.

MAA2 Public funds

There is no objection to the British citizen/settled sponsor receiving any public funds to which he/she is entitled in his/her own right.

If the sponsor is in receipt of public funds, it does not mean that they will be unable to support the applicant, although clearly a person who is heavily dependent on the state because they don't have sufficient means of their own will find it difficult to support another person for any length of time.

The important factor to consider is whether there will be a need for the sponsor to claim additional public funds to support the applicant if leave to enter granted.

You basically need to show that you can support yourselves until one or both of you find work.

MAA10 Assessing adequate means of maintenance

The following list, which is not comprehensive, is intended as a guide to the factors which may need to be considered when assessing means of maintenance:

the applicant's past and current employment;

do the applicant's / sponsor's educational qualifications and any other skills or qualifications offer a reasonable chance of obtaining employment? If so, that should be viewed as sufficient to meet the maintenance requirement without having to make further enquiries.

the sponsor's current or proposed employment;

any plans the applicant has for employment in the UK;

What is the unemployment situation in the area in which the couple intend to settle? High unemployment in a particular area or amongst a certain age group with particular skills (or lack of them), is not in itself sufficient to show that the maintenance requirement has not been met. It would be a relevant factor if the couple's plans were not realistic or if they did not have any skills or qualifications.

any arrangements which have been made, or could be made, by the sponsor, any other relatives, friends or contacts in the UK in connection with the plans for employment;

satisfied that job offers are genuine and the work likely to last for the foreseeable future?

any support which will be forthcoming from others.

Each application is judged on it's own merits, and as you can see from the above if you can provide evidence to show that, on the balance of probabilities, your current unemployment is going to be short term then you do stand a very good chance, in my opinion. Remember that for spouse or unmarried partner applications your partner's employment prospects count, too.

On a separate point; how long have you and your partner been living together? If more than 4 years, you may find this topic of interest.

Moved to Thai visas.

Some posts deleted.

No need for childish insults; any more and warnings and suspensions will be handed out.

There are basically three criteria which she will need to meet.

1) She is a genuine visitor with a genuine reason to visit

The reason to visit is the relationship with your step-son. He should write a sponsor's letter briefly outlining the history of the relationship, what their plans for the future are and the reason for visiting the UK at this time, plus how long she intends to stay.

She and he should provide evidence of their relationship: his passport showing entries into Thailand to show how often he has visited her, phone and e-mail records etc.

2) She will be adequately supported and accommodated while in the UK.

Finances for the trip can come from her resources, your step-son's, a third party (e.g. you) or any combination of these. Whoever is contributing toward the cost of the trip should provide evidence of their ability to do so; 6 months bank statements and, if working, payslips is recommended.

There is no set amount of money needed; it depends on the individual applicant's situation; how long they'll be staying in the UK, whether they'll be staying with friends or family etc.

Whoever is offering accommodation should show that there is room for her; ideally one room for her exclusive use, but sharing with another female should be OK for a visit, as should sharing with her fiance, your step-son.

They should also show that she is allowed to stay there; either by providing proof of ownership if they do own (mortgage statement or copy of deeds) or a letter from their landlord granting her such permission if they rent.

3) She will return to Thailand, or at least leave the UK, when or before her visa expires.

If she satisfies the ECO on point 1, then this will go a long way toward the ECO believing she will return. However, concrete evidence is a great help as well.

She should provide evidence of her attendance at university and when she will be due back. When my step-son visited while he was a student he got a letter from the university office and his tutor to confirm this.

You may find Guidance - Visitors (INF 2) and Guidance - Sponsors (INF 3) helpful.

I know I said I wasn't going to make any further comments, but:

Can we stick to the issue in hand and not compare apples to oranges? the UKBA is a whole different topic.

Then why did you bring them up?

Can't understand why you wont say publicly when she returned to Thailand and got her settlement visa; you're happy to reveal publicly other details of your marriage. Surely you have nothing to hide? (I certainly haven't; it was November 2000 if anyone's interested.) But that's your choice.

As I have said to you many, many times; I have no need to see your UK marriage certificate as I have no doubt that it is exactly as you describe.

When I have the time I will look at those judgments. Until then, this really is my last word on the matter.

As she can only renew her Thai ID card in Thailand, then as far as I'm aware it does not have to be valid if she renews her passport at a Thai embassy. I'm sure I've read posts from people in your wife's situation saying that it doesn't.

I don't know if she can renew her passport in Copenhagen, I'm afraid.

I find that applying at the spanish and irish embassies are the easiest

I would very much like to know how you found applying for a Schengen visa at the Irish embassy easy. Ireland is not a Schengen state and cannot issue Schengen visas. A Schengen visa is not valid for Ireland and an Irish visa is not valid for the Schengen area.

No evidence to provide either.

Only if the applicant is a family member of an EEA national and traveling with that EEA national. For others, there is a lot of evidence required.

As I have mentioned in my post, I'm on a turist visa right now

I assumed you meant a tourist visa to Thailand; Italians don't need tourist visas to visit France, no EEA national does!

does the factor that I've not got a job back in Paris may affect/complicate the visa paper work procedure..?!

You need to be exercising your treaty right to live in another EEA state; basically you need to be living in France and working, studying or living off a private income/savings.

I can't find an explanation in Italian, but this guidance from the UK may help, as the rules are the same for all EEA states. I'm sure a quick Google search will find you the information in Italian.

Also,I'm aware that I'll have to contact my Italian Embassy in the first place so as to get the " clearence " to marry so to speak..Then, what to do next as far as you know ?!

Here is the guidance from the British embassy; I'm sure the Italian one will have similar guidance.

the visa company im using says that i will need a third trip or the application will fail

Rubbish!

As already said, each application is judged on it's own merits, there is no hard and fast rule on this point. All you have to show in this respect is that your relationship is genuine.

Is this visa company qualified and regulated in the UK? Have a read of Visa Agents, Read this before using one.

As Razz has said, once one has read through all the superfluous gobbledygook (I wonder why you didn't edit that out), the answer you received is not at all conclusive.

It is also obvious that the respondent thinks that you are concerned about your Thai marriage being valid in the UK and he is reassuring you that it is, rather than making a definitive statement on the legality of marrying the same person twice.

Either way - Im convinced. And so is the UKBA - they just granted her in doors her settlement based upon it :-)

Again as said by Razz, either marriage certificate would have satisfied the ECO that you were married. If you showed them both they probably ignored the later UK one and judged her application on the earlier Thai one. If you only showed the UK one it is extremely unlikely that they would have checked it's validity.

As this matter was done to death in the earlier topic, that is all I have to say. If you have any further comments to make to me about this, I refer you to my posts in that topic.

In this post last November you said

My Mrs has a 10 year visit visa with each visit good for 180 days. We are currently in the UK and intend to stay for 6 months, then back to Thailand for 5 weeks and then back to the UK for a further 5 months before leaving.

Then in this one you said

Someone asked me why we didnt change it to a settlement visa - but we dont want to settle, we just want me to get this dam_n masters and then sod off abroad again.

If I may ask, what made you change your plans and when did she return to Thailand to get her settlement visa?

Not a visa question, so moved to here.

See Marriage and civil partnership: your legal obligations

You will need to provide evidence of a divorce or dissolution if you have previously been married or in a civil partnership

This should, of course, be accompanied by an English translation.

Embassies do still appear to be closed; some have made alternative arrangements, some haven't. Check with the embassy concerned.

The information in the links in the OP are regularly updated; so clicking on them will give you the latest situation.