Uk Settlement Visa

[berries]

What do you think the likelyhood of my Thai partner getting a UK settlement visa are?

We will have been married for 6 years and have two children.

I am a teacher but will have to go back and join the supply register (temporary work - very likely to get work but not guaranteed) because permanent jobs require interview and I won't be able to fly back to attend. Would have proof of being on register but no proof of income.

Thai is going to be self employed. Has a guaranteed place to work but will take time to establish a customer base and may earn minimum wage while doing so. Has a degree and further qualifications specific to the business he intends to do.

Living with my parents in their rented accommodation until we've had a chance to look at and arrange a rental property of our own - may take a couple of months. Three bedroomed house with six of us living there.

About 35,000 pounds in savings.

Which of those factors do you think are most damaging? For example, my mum owns two propeties outright in the Uk and she has offered to transfer one of them to my name to help with the Visa application. The only thing is the house is at the opposite end of the country to where we intend to live and work - would the visa people pick up on this? Does it matter?

Should I get someone in the UK to arrange a rental property of our own prior to the Visa application (meaning we won't get a chance to see it - aghh!) or is six people in one house acceptable?

Are our savings enough for them to overlook the guaranteed income or would we need to have more?

Should I go ahead to try to get permanent work before my partner arrives or do you think they will know how easy it is for teachers to get work in the UK and credit that? I would find it very difficult to go ahead alone so that would really only be a last resort.

Thanks for your help.

[berries]

Should add to that - parents' house where we could stay while looking for our own place is actually my step-dad (who was never married to my mum) and his partner. He is also the person who would guarantee my partner's place of work - would that look suspicious? (even though it is totally genuine!)

Thanks

[atlastaname]

In as far as one can predict anything in the uncertain world of UK Visas, i would say you have an excellent chance. Relationship cannot be in doubt after 6 years , you have very high savings and you only need to show you can support yourselves so although you have no job right now you do have great prospects and high savings in the meanwhile.

The bit about the properties is a bit confusing or am i reading it wrongly ?(quite possible as i had to read it quickly). Your parents are in rented accomodation yet your mum owns 2 houses (?!) odd to say the least. Either way as long as you can show they are able to let you stay with them and have any landlords consents neccessary and that the house is big enough (1 bedroom for your sole use) then you have it all covered.

No i can't see how it could be refused ... trouble is they can refuse any application if they really wanted to. My guess .. you get it no problems as long as you present the case logically and thoroughly.

[berries]

The bit about the properties is a bit confusing or am i reading it wrongly ?(quite possible as i had to read it quickly). Your parents are in rented accomodation yet your mum owns 2 houses (?!) odd

The rental property is my step-dad's - my mum (who is separated from my step-dad) owns two properties. But in actual fact she rents them both out and lives a rather nice work-free life here in Thailand on the proceeds!

Thanks for your reassurance about the visa application.

Any other advice about the best way to strengthen our application appreciated.

[the scouser]

Did you marry outside of the UK, and since your marriage have you always lived together outside of the UK? If so, your husband may apply for an indefinite leave to enter visa, rather than the 2-year probationary settlement visa.

You appear to have sufficient savings to tide you over until such a time as either you or your husband are deriving an income and, additionally, the visa officer is bound to consider the ease with which you can obtain employment, so being on the supply teacher register will assist greatly, as will evidence of your husband's intended self-employment. Accommodation-wise, a letter from your mother saying that you, your husband and children may stay with them, plus evidence of your step-father's ownership of the property should suffice.

Scouse.

[berries]

Did you marry outside of the UK, and since your marriage have you always lived together outside of the UK? If so, your husband may apply for an indefinite leave to enter visa, rather than the 2-year probationary settlement visa.

Yes, we married here in Thailand and have always lived here. This would be very easy for me to prove with contracts from work and the lease on our house. I have never heard of the indefinate leave visa - I will go on the website and check it out - thank you!

[the scouser]

Paragraph 281 of the immigration rules:-

The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

(b ) the applicant is married or the civil partner of to a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

(ii) the parties to the marriage have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

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

(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

Paragraph 282:-

A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may, in the case of a person within paragraph 281(I)(a), be admitted for an initial period not exceeding 2 years or, in the case of a person within paragraph 281(I)(b ), indefinite leave to enter may be granted provided a valid United Kingdom entry clearance for entry in the appropriate capacity is produced to the Immigration Officer on arrival.

Scouse.

[berries]

I had a look and from what I understand you still have to apply for the settlement visa there just wouldn't be the two year review - right?

I am still concerned that only having one guaranteed minimum wage income for a family of four is not going to cut it. It does make logical sense that a teacher is very likely to find work but are they not just ticking boxes and if you don't have evidence of a guaranteed job then would it not be a cross? - or are they actually allowed to base credits on probability? And are the officals not Thai who might not necessarily know that teachers are very employable in the UK? Do you think it's worth changing the deeds on my mum's house to my name (it costs 500 pounds to do this so it would need to be of real value) - I have lived abroad for nearly 10 years and have no bank account or any current tighs to the UK.

[the scouser]

From chapter 9.7 of the Diplomatic Service Procedures:-

If the applicant and/or sponsor has skills or qualifications which offer a reasonable chance of obtaining employment or already has employment arranged, that should be viewed as sufficient to meet the maintenance requirement without having to make further enquiries.

The staff who assess the application are British.

All the best,

Scouse.

[Mahout Angrit]

Do you think it's worth changing the deeds on my mum's house to my name (it costs 500 pounds to do this so it would need to be of real value) - I have lived abroad for nearly 10 years and have no bank account or any current tighs to the UK.

There is no requirement that you own property. You only have to show and prove that there is sufficient accomodation to house you and your family. With 2 young children then 2 rooms and shared common facilities will suffice. Of course 3 rooms would be better but the children are young. The embassy will want to be satified that you wont make an application for public assistance to house you.

With young children you may be questioned about who will look after them while you are working (not so easy as in Thailand!) if you claim to be the breadwinner.

Edited February 2, 2007 by Mahout Angrit