Which Of These Circumstances Are Best For UK Visa Success?

[NightSky]

Im a British citizen and resident of Thailand for over 10 years. My Wife is Thai national, we have been living together for over 10 years but married legally for 2.

 

I have a business in the UK (on which I pay full taxes) and a property in the UK to stay.

 

My wife has never visited the UK and we would like to maybe visit in the near future.

 

We also have a small business in Thailand in which my wife and I work (with full legal documentation and taxes paid)

 

I am considering our options to return the the UK in the next year or to visit first and potentially later to go back to settle. I have done researched and to be honest it sounds daunting. However I believe we can meet all the requirements in due course (my spouse is currently learning to complete the English test requirements)

 

However I have 3 questions initially:

 

1) If I return to the Uk as a resident myself and stay there up to 6 months of the year for a year or two PRIOR to application for either a visitor visa or a spouse visa, would this affect the application success possibilities? (I am considering returning to help my UK business pick up again and we dont know exactly IF and WHEN my spouse will make the visa application until we gather information about all the options)

 

2) Also the financial requirement I can meet with savings however what proof of 'declared' income is needed? Could I potentially use savings from retirement funds / investment accounts (both inside and outside the UK) to show as financial proof and would this count as declared income?

 

3) With Brexit in sight, what are your opinions about immigration for spouse visa applications after Brexit? Do you think the requirements will increase in difficulty or remain the same? Or do you believe only free movement within EU would be affected mainly? (I know the answer is not available but I would appreciate your opinion)

[rasg]

2 hours ago, NightSky said:

I'm a British citizen and resident of Thailand for over 10 years. My Wife is Thai national, we have been living together for over 10 years but married legally for 2.

 

I have a business in the UK (on which I pay full taxes) and a property in the UK to stay.

 

My wife has never visited the UK and we would like to maybe visit in the near future.

 

We also have a small business in Thailand in which my wife and I work (with full legal documentation and taxes paid)

 

I am considering our options to return the the UK in the next year or to visit first and potentially later to go back to settle. I have done researched and to be honest it sounds daunting. However I believe we can meet all the requirements in due course (my spouse is currently learning to complete the English test requirements)

 

However I have 3 questions initially:

 

1) If I return to the Uk as a resident myself and stay there up to 6 months of the year for a year or two PRIOR to application for either a visitor visa or a spouse visa, would this affect the application success possibilities? (I am considering returning to help my UK business pick up again and we dont know exactly IF and WHEN my spouse will make the visa application until we gather information about all the options)

 

2) Also the financial requirement I can meet with savings however what proof of 'declared' income is needed? Could I potentially use savings from retirement funds / investment accounts (both inside and outside the UK) to show as financial proof and would this count as declared income?

 

3) With Brexit in sight, what are your opinions about immigration for spouse visa applications after Brexit? Do you think the requirements will increase in difficulty or remain the same? Or do you believe only free movement within EU would be affected mainly? (I know the answer is not available but I would appreciate your opinion)

7

From what you have said, I don't think your wife would have any difficulty getting a visit visa.

 

Quite a few couples on here just use visit visas and live six months in Thailand and six months in the UK.

 

With a visit visa you need to show that you are in a relationship, have sufficient funds to pay for the trip, have a good reason, or reasons for your wife to return to Thailand and somewhere to stay.

 

For a settlement visa, (presumably you were married in Thailand and went to the Amphur and have a marriage certificate?), your wife will need a language test and a TB test. You will need to show an annual salary of £18,600 a year or you could use £62,500 in savings. The first visa will allow your wife to stay in the UK for 33 months. Next she will need Further Leave to Remain (FLR) with an A2 language test (30 months). After she has lived in the UK for five years she can apply for Indefinite Leave to Remain (ILR). The whole thing over five years currently costs over £7K but visa costs go up by around 20% each year so expect it to be around £10K by the time ILR has been granted.

 

Nobody knows what Brexit will bring but imho don't think it will make a lot of difference.

 

A settlement visa 

[brewsterbudgen]

She shouldn't have any problem getting a Visitor visa. If you're undecided about settling in the UK just visit and see if she likes it. Otherwise follow the advice above re Settlement visas.

I don't know about Brexit (personally I hope it gets reversed) but the previously "hostile environment" towards immigration/visas has been getting such a bad press, with any luck things may get easier, especially the requirements for bringing in a foreign spouse.

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app

[NightSky]

Thanks for your input so far.

 

I am still wondering about whether my own residency status makes a difference to the 'proof of relationship' though if I were to return as resident to the UK a year or two before my wife.

 

Of course If i am resident of UK and wife is resident of Thailand, I wouldn't have thought that this is the best scenario for 'proof of relationship'? We do have certificate of marriage etc and we are in a legit relationship for more than 10 years (2 of those years only are legally married).

 

Also, what counts as 'proof of declared funds'? I guess I need to speak with an accountant about this.

 

Also, is it recommended to hire a visa agent or immigration lawyer to assist complete the application process for Spouse Visa?

 

 

@rasg

 

Quote

Quite a few couples on here just use visit visas and live six months in Thailand and six months in the UK.

 

That's interesting to know. I read that Visitor visas were more likely to be rejected a second and third time if the full 6 months is used but you are saying this can be done if sufficient time passes in between - interesting. Of course this wouldn't allow the wife to benefit from being a resident of the UK in the longer term (i.e. open a bank account, access lower cost health services, etc) nevertheless interesting as an option.

 

Quote

With a visit visa you need to show that you are in a relationship, have sufficient funds to pay for the trip, have a good reason, or reasons for your wife to return to Thailand and somewhere to stay.

 

Yes I guess this depends on what counts as sufficient reason to return. Would a mortgage an house title in her name in Thailand count as evidence to return even if she stopped working in Thailand?

 

@brewsterbudgen

 

I agree Brexit should be reversed but as the days pass by the likelihood is that it wont be. Lets hope it turns out OK. I imagine immigration would only get more difficult following Brexit since that is what the vote was about in my opinion although lets hope you are right about the requirements being relaxed to bring in a foreign spouse, etc.

 

 

[theoldgit]

As the previous two posters have indicated, given your current circumstances your wife should have no difficulty in obtaining a visit visa to visit the UK with you, she has strong ties to Thailand, you're currently living here, you've been married for two years and in a subisting relationship for a number of years before that.

 

As  rasg has pointed out a number of applicants do declare that they intend spending six months in the UK at a time before returning to Thailand and are successful, however others are not, it really depends on her ties here, which in your wifes seem to be pretty strong.

 

Your wife may want to consider applying for a standard visit visa and spend some time with you in the UK to see what she thinks of the place. There's nothing wrong with spending six months in the UK, but you mention your small business in Thailand that you and your wife run, the longer your wife intends to spend in the UK the less the business here can be used as reasons to return, unless she mentions cover arrangements in her application.

 

The settlement process may seem daunting, it really isn't, some posters complain on here that the system is awful, these complaints often follow a refusal, many other visas are granted but members don't alway post good news on here. Certainly the system isn't perfect, but it is what it is and most people are successful providing they provide a well researched and compliant application.

 

Some people prefer the "comfort" of using an agent, but not all agents are what they claim to be, so if you intend using one, thoroughly research them first - I personally wouldn't use one.

 

Going through your specific points, if your wife applied for a visa to travel with you to the UK for a month, and then stayed for six, she wouldn't have broken any rules but she would call into question any reasons to return. If your wife applied for visas too often Enrty Clearance Officers are instructed that they must be satisfied that an applicant isn't using visit visas to live for extended periods in the UK, if they are not satisfied of that, they must refuse the application.

 

I don't think a short holiday would be a problem, but what would cause concerns in subsequent applications, is if she stayed stayed considerably longer than she originally planned and did explain why in her next application. If you decide to relocate first, your wife would probably be successful in a further application if she explained your strategy, including the fact she was spending some time with uou in the UK, and would be returning to Thailand to wind down your affairs and apply for Settlement. 

 

As proof of your realtionship, for a visa evidence of your life here will count, including your marriage, as for settlement, again details of your marriage along with the previous evidence of your life together here in Thailand, along with the other required evidence. 

 

As for the finances, if you haven't read them, I've attached the relevent requirements.

Appendix_FM_1_7_Financial_Requirement_August_2015.pdf

[NightSky]

Thanks Old Git, great pen name too! ??

 

This is all welcomed information.Thanks for the info so far.

 

It makes sense about the 6 months settlement prior to wife application although I was considering potentially becoming a resident in the UK up to 1 or 2 years prior to the wife applying for a spouse visa.

 

I think this should be fine if Im spending at least 6 months with her during the year?

 

 

 

[darren1971]

Of course it will get harder after Brexit, the tories want a 'hostile environment' and they have already shown that is their aim. Don't rely on the one sided view from this forums 'experts', have a dig around and the evidence is clear.

 

https://www.theguardian.com/uk-news/ng-interactive/2017/sep/05/post-brexit-immigration-10-key-points-from-the-home-office-document

[rasg]

Interesting proposals. I agree with many of them.

[NightSky]

2 hours ago, darren1971 said:

Of course it will get harder after Brexit, the tories want a 'hostile environment' and they have already shown that is their aim. Don't rely on the one sided view from this forums 'experts', have a dig around and the evidence is clear.

 

https://www.theguardian.com/uk-news/ng-interactive/2017/sep/05/post-brexit-immigration-10-key-points-from-the-home-office-document

 

I noticed that you mention 'hostile environment' quite often in recent posts. Its true that right wing politics are gathering momentum globally and in Europe - not a god thing and dangerous in my opinion. Having Trump in charge of the US as a gleaming example doesn't help at all.

 

I believe Brexit wont be a good thing for immigration quite the opposite although my question was related mainly at the spouse visa for non EU national spouses. I as a British citizen, taxpayer and business owner should be allowed to bring my wife to the UK to live without needing to jump though hoops or worry about being declined as long as there are no threats to national security and lets face it this is hardly ever going to be the case for anyone. 

 

I agree with vetting extended family etc but spouse and children should have no issues. I was asking opinions about this particular situation after Brexit whereas it seems that Brexit issues are mainly focused on restricting EU nationals who currently have free movement - I hope for our sake it doesn't become more difficult for spouses of UK citizens.

[7by7]

On ‎9‎/‎11‎/‎2018 at 10:33 AM, darren1971 said:

Of course it will get harder after Brexit, the tories want a 'hostile environment' and they have already shown that is their aim. Don't rely on the one sided view from this forums 'experts', have a dig around and the evidence is clear.

 

https://www.theguardian.com/uk-news/ng-interactive/2017/sep/05/post-brexit-immigration-10-key-points-from-the-home-office-document

 

On ‎9‎/‎11‎/‎2018 at 12:17 PM, rasg said:

Interesting proposals. I agree with many of them.

One important point darren1971 either missed or hopes that everyone else misses is that these proposals are for EU citizens post Brexit! Last time I looked, Thailand was not in the EU.

 

It is also a consultation document, not policy, and is over a year old!

 

People have posted scare stories here before about consultation documents which later turned out to come to nought. Personally, I'd rather wait for official announcements of actual policy. Of course, for any policy to become law requires either a statutory instrument or an actual Act of Parliament.

[7by7]

On ‎9‎/‎11‎/‎2018 at 1:10 PM, NightSky said:

I agree with vetting extended family etc but spouse and children should have no issues.

I agree totally; provided spouse, or partner, and children can be adequately accommodated and maintained without recourse to public funds; which was the requirement before July 2012.

 

What I object to is an arbitrary figure such as we have had since then. A figure which takes absolutely no account of outgoings.

 

This means that a British sponsor with an income of 18,600 p.a. with a mortgage and other debts totalling £10,000 p.a. meets the requirement for their partner; but a British sponsor with an income of £18,599.99, mortgage paid off and no other debts doesn't. Ludicrous! 

 

Under the previous system, all income and all fixed outgoings, mortgage or rent, servicing debts etc., were taken into account to produce a net figure. As the courts had ruled that it would be inappropriate for an immigrant family to live on an income of less than the current income support level for a British family of the same size, then provided this net figure was at or above this figure the financial requirement, known then as 'adequate maintenance,' was deemed to be met. Of course, there were some 'ifs, buts and maybes' involved, but that was essentially it.

 

It seems to me that this was not only fairer but also more logical than the current financial requirement; a point I have made on several occasions to various enquiries into the requirement.

 

Sorry, I seem to have got up on my hobby horse! I'll stop now.

[NightSky]

On 9/6/2018 at 10:33 AM, brewsterbudgen said:

She shouldn't have any problem getting a Visitor visa. If you're undecided about settling in the UK just visit and see if she likes it. Otherwise follow the advice above re Settlement visas.
 

Its been some time since I reverted to this thread with regards to my wife obtaining a UK visitor visa for the first time. Life got in the way last year in terms of a medical emergency so we delayed plans to travel until this year.

 

Based on my wife being employed at our small business (mom and pop type small business, so she only earns a minimum wage for the business and I support her financially) so based on this how long would my wife be able to visit the UK on holiday with me without concern of being denied any time and without raising eyebrows? 

 

I have some business to attend to in the UK also which means I would have liked to extend the stay from 3 weeks to maybe upto 6 weeks to 8 weeks. My concern is this amount of time may be seen as  along time for my wife to be on holiday and away from her job in the business in Thailand.

 

I would like to leave the option open for my wife to have the option of applying to remain in the Uk in future years so I don't want to risk her being denied at any time.

 

I would simply like to visit the UK, attend to some business whilst I'm there so my wife and I can afford to keep living together after 15 years and have my wife meet those in my family who are still alive. 

 

I know the visitor visa is for 6 months although what would be the maximum amount of time for a holiday without risk of being denied at any time or questioned? 

 

Any, should we even need to show my wife is working in Thailand or is this complicating matters? We are married, I have sufficient funds to support her and a property in the UK. My wife has a family, mortgage and friends in Thailand, no children only pets and we both own the small business in Thailand.

 

Any information/recommendations/advice would be appreciated.

 

 

[NightSky]

36 minutes ago, NightSky said:

Its been some time since I reverted to this thread with regards to my wife obtaining a UK visitor visa for the first time. Life got in the way last year in terms of a medical emergency so we delayed plans to travel until this year.

 

Based on my wife being employed at our small business (mom and pop type small business, so she only earns a minimum wage for the business and I support her financially) so based on this how long would my wife be able to visit the UK on holiday with me without concern of being denied any time and without raising eyebrows? 

 

I have some business to attend to in the UK also which means I would have liked to extend the stay from 3 weeks to maybe upto 6 weeks to 8 weeks. My concern is this amount of time may be seen as  along time for my wife to be on holiday and away from her job in the business in Thailand.

 

I would like to leave the option open for my wife to have the option of applying to remain in the Uk in future years so I don't want to risk her being denied at any time.

 

I would simply like to visit the UK, attend to some business whilst I'm there so my wife and I can afford to keep living together after 15 years and have my wife meet those in my family who are still alive. 

 

I know the visitor visa is for 6 months although what would be the maximum amount of time for a holiday without risk of being denied at any time or questioned? 

 

Any, should we even need to show my wife is working in Thailand or is this complicating matters? We are married, I have sufficient funds to support her and a property in the UK. My wife has a family, mortgage and friends in Thailand, no children only pets and we both own the small business in Thailand.

 

Any information/recommendations/advice would be appreciated.

 

 

I should add that my wife would like to apply for a Visitor visa for a holiday to the UK this year and return to Thailand rather than to extend to remain in the UK at this time.

[rasg]

You live in Thailand, have a business in Thailand and your wife works in the business. I can't see that there will be a problem. Show that you can afford the trip, prove that you are in a relationship. As you have said you have lived in Thailand and your wife works in the business. There is her reason to return.

 

Just make sure that you explain that you have somebody to cover for her while she is in the UK.

[7by7]

As you live in Thailand then the assumption will be that when you return, she will as well.

 

So as well as the usual supporting documents provide evidence of your immigration status in Thailand as well as evidence of the business and who will be taking care of it while you are both away.

On ‎3‎/‎9‎/‎2019 at 7:22 AM, NightSky said:

 

I know the visitor visa is for 6 months although what would be the maximum amount of time for a holiday without risk of being denied at any time or questioned?

How long is a piece of string? 

 

It all depends on the applicant's circumstances. If they show that they are able to be absent from Thailand for the period they say, then no problems.

 

On ‎3‎/‎9‎/‎2019 at 7:22 AM, NightSky said:

I would like to leave the option open for my wife to have the option of applying to remain in the Uk in future years so I don't want to risk her being denied at any time.

Refusal of a visit visa application will not effect any future settlement application. 

 

But from everything you have said, I see no reason at all why your wife would be refused a visit visa to accompany you on your visit to the UK; provided you provide the supporting documents to show she meets the requirements.

 

See Standard Visitor Visa and Visit visa: guide to supporting documents

[NightSky]

30 minutes ago, 7by7 said:

As you live in Thailand then the assumption will be that when you return, she will as well.

 

So as well as the usual supporting documents provide evidence of your immigration status in Thailand as well as evidence of the business and who will be taking care of it while you are both away.

How long is a piece of string? 

 

It all depends on the applicant's circumstances. If they show that they are able to be absent from Thailand for the period they say, then no problems.

 

Refusal of a visit visa application will not effect any future settlement application. 

 

But from everything you have said, I see no reason at all why your wife would be refused a visit visa to accompany you on your visit to the UK; provided you provide the supporting documents to show she meets the requirements.

 

See Standard Visitor Visa and Visit visa: guide to supporting documents

Thank you for the infortmation and support 

 

the reason I’m unsure about providing the business as a reason is because we both operate the business, it’s very small and could be operated by me whilst we are away via the internet and phone even for a couple of months.

 

So I might need to put someone in to cover the office and take calls maybe? Ok thanks.

 

its also good to know about future settlement possibilities thank you.