Applying for UK settlement visa whilst on 2 year Family Visitor Visa

[ryankduncan]

Hi Guys/Gals

 

Ok i really need some information hope you can help, I have lived in phuket for 10 years. owned a few businesses and worked offshore. I have been with my now wife for 7 years and been married for 4years. she has previously held 4x 6month tourist visas and a 2 Year family visitor visa. She is currently holding another 2 Years family visitor visa.

We have recently decided to moved to the UK for a few years as i would like an onshore position and this is not possible in thailand.

OK NOW MY QUESTION 

Is it possible for my wife to apply for a settlement visa within the uk whilst on the family visitor. She could easily go back to phuket and apply their but i know it can take up to 3months before you can get the passport back and we dont want to be apart from each other than long. I also wont be able to use my holidays from work until atleast 3months so i could even go see her in the middle of the process.

Thanks alot for taking the time to read

hope someone can help

thanks

Ryan

 

Edited June 10, 2018 by ryankduncan

[theoldgit]

No, a Settlement Visa must be applied for from the applicants home country.

Her previous visas are of no consequence I'm afraid.


Sent from my iPhone using Thaivisa Connect

[7by7]

2 hours ago, ryankduncan said:

<snip>

I have lived in phuket for 10 years. owned a few businesses and worked offshore. …….

……..We have recently decided to moved to the UK for a few years as i would like an onshore position and this is not possible in thailand.

How will you be meeting the financial requirement?

 

If you are currently employed in Thailand and will continue to be employed by that employer once in the UK, then you can use 5.2. Category A: With current employer for 6 months or more – overseas sponsor returning to the UK. Which means that, provided you were earning the equivalent of at least £18,600 p.a. in Thailand and will continue to earn at least that in the UK, your wife can apply for settlement at a time which suits you both.

 

But, if you were

• not employed in Thailand and will be in the UK, or
• were employed in Thailand and will be with the same employer in the UK but earned less than £18,600 p.a. in Thailand, or
• were employed in Thailand but will be with a different employer in the UK,

then you will have to use 5.1. Category A: With current employer for 6 months or more –  person residing in the UK. Which means you will need to be in that job for at least 6 months before your wife can even apply (well, she can apply but she'll be refused!). She can, however, come with you to the UK as a visitor using her current visit visa, provided it's still valid. But as theoldgit says, she will have to return to Thailand to apply for settlement.

 

It's even worse if you will be self employed once in the UK as you will need to provide certified accounts for at least one full financial year! See 9. Self-employment or Director or employee of a specified limited company in the UK.

 

Do you have any unearned income, such as a pension? This can be used in it's entirety if above £18,600 p.a. or combined with earned income to reduce the amount of each required.

 

If  you have cash savings in your name, your wife's name or you both jointly of at least £16,000 then these can be combined with income, but not that from category 9, to reduce the amount of each required. If you have savings of £62,500 or more then this means you do not need to show any income at all.

 

2 hours ago, ryankduncan said:

She could easily go back to phuket and apply their but i know it can take up to 3months before you can get the passport back and we dont want to be apart from each other than long.

Pedant's corner; she cannot apply in Phuket. She applies online and then attends the UKVAC either in Bangkok or Chiang Mai to have her biometrics taken. 

 

If applying in Bangkok then she can use the Keep My Passport When Applying (Bangkok only) service. Costs 2,500 baht and she must ask for it during the online process, before she submits the application.

Edited June 10, 2018 by 7by7
Link added.

[ryankduncan]

Hey guys thanks alot for the replies. Sorry when i said go back to phuket to apply i meant thailand. Her family visitor has a 1 1/2 years left on it.

I just got a job in the UK full time so i guess i will have to wait for 6months. This keep my passport option how does that actually work. if you get the visa do you then go back to bangkok to hand in ur passport so they can stick the visa in?

is my wife able to sit the A1 english test in uk whilst she is on the family visitor just because i phoned up and the waiting list is about 2 months would be good just to get this out the way now.
thanks guys do appreciate you taking the time to read and reply

Ryan

[theoldgit]

2 hours ago, ryankduncan said:

is my wife able to sit the A1 english test in uk whilst she is on the family visitor just because i phoned up and the waiting list is about 2 months would be good just to get this out the way now.

Yes, she is allowed to take the test whilst in the UK on a Standard Visit Visa.

[rasg]

5 hours ago, ryankduncan said:

is my wife able to sit the A1 english test in uk whilst she is on the family visitor just because i phoned up and the waiting list is about 2 months would be good just to get this out the way now.

Yes she can. My wife did exactly that and took A1 at Trinity college Hammersmith while here on a visit visa. If her English is good go for A2 or even B1. Under the current rules, A2 will carry her through FLR and B1 through ILR. At £150 a pop it's a saving.

 

Go to the Trinity college channel on YouTube and look at some of sample videos to see the differences between the tests.

[7by7]

Ryan, if you've not already done so I suggest that you read the relevant to you and your wife parts of the UKVI guidance Family visas: apply, extend or switch.