UK Settlement Visa for ex Thai Wife's new partner

[Bob Bucks]

Hi.

 

I'm not sure if I have sent this correctly, but I have a scenario that I would really appreciate some assistance with.

 

 I have an ex partner who is Thai. She has lived in the U.K. for more than 10 years, and has British Citizenship. We still live in the same property together (separate bedrooms etc), for the sake of our child, and the financial benefits.

She has since re-married in Thailand to her Fiancé, (appx six months ago), and is now residing back here. She would now like to bring her husband to the U.K. on a settlement visa. I will support her in doing this, but have some questions that I could do with assistance on.

Her salary alone falls slightly short of the required sum stated, but if you added in my monthly contribution support for our child etc, that are given to her via the bank, it would well surpass this level. Are these considered on the application, and if not, by falling short of the stated figure, would the application be considered.

She has a British passport in her previous married name (I don't think that there is any legal requirement to change it), and her Thai passport in her madden name. Any issues here.

Also, she has her wage slips, bank account, mortgage statement etc, all in her previous married name. Again, any issues?

It is her intention that if he is allowed to come to the U.K. (he has passed the A1 test), that they would reside together in my house for a month or so, whilst looking for a nearby flat to rent. He has also been offered a place of employment by her employee as well (subject to interview etc).

I'm sure that I have many other questions to ask, but these are the immediate ones that come to mind.

Lastly, how is the application made. Via the internet from the U.K. or does he need to make this in Thailand.

 

Hopefully this explains some of the details, but she is just seeking advise, as not wanting to waist all of that money on the application if it will fail.

A bit of a strange one possibly, but is being done so that she can remain in the U.K. without the heartbreak of leaving for Thailand that would be caused to our child.

If anyone can assist it would be greatly appreciated, and I can answer further questions if it assists.

 

Many many thanks.

 

Bob. 

 

[theoldgit]

I've split your question into a new thread, rather than piggy backing onto the back of another persons old thread.

 

I've never seen a question like this before, I must have led a sheltered life.

 

I'm assuming your ex-wifes new husband is Thai, as you talk about him already passing a language test.

 

He will have to make the application online, as well as paying the fee and NHS Surcharge, which is about to double, in addition he will need to take a TB test, the supporting evidence will need to be sent to Sheffield, though he will need to visit the Visa Application Centre in Bangkok.

 

As your ex-wife is now a British Citizen I'm pretty sure that she can sponsor her new husband, she will, again I think, need to meet the financial requirement, third part support is not allowed and I'm not sure that child support is permissable, you will need to plough through the UKVI instructions attached.

 

The applicant and your ex wife will need to satisfy the decision maker that suitable accomodation is available, my gut feeling is that this might be tricky.

 

I can't offer much more advice at the moment, I'm away for a few days, but I'm sure others will chip in.

 

https://www.vfsglobal.co.uk/th/en#latest-updates_o=Article Date,Descending

Appendix_FM_1_7_Financial_Requirement_Final.pdf

[7by7]

19 hours ago, Bob Bucks said:

Her salary alone falls slightly short of the required sum stated, but if you added in my monthly contribution support for our child etc, that are given to her via the bank, it would well surpass this level. Are these considered on the application

Yes, non employment income, category C, can be combined with category A, employment income.  From the financial appendix

Quote

6.1.1. The following are sources of non-employment income which can be counted towards the financial requirement under Category C...…...

……..Maintenance payments from a former partner of the applicant in relation to the applicant or any children of the applicant and their former partner. Also, maintenance payments from a former partner of the applicant’s partner in relation to that partner.  

See the appendix for the evidence required.

19 hours ago, Bob Bucks said:

by falling short of the stated figure, would the application be considered.

I'm afraid that if she cannot meet the financial requirement then any application would be rejected.

 

19 hours ago, Bob Bucks said:

She has a British passport in her previous married name (I don't think that there is any legal requirement to change it), and her Thai passport in her madden name. Any issues here.

Yes, recent changes to the UK regulations mean that dual nationals must have both their passports in the same name! See 

 

19 hours ago, Bob Bucks said:

Also, she has her wage slips, bank account, mortgage statement etc, all in her previous married name. Again, any issues?

Not as long as she can provide a paper link to show they are hers.

 

19 hours ago, Bob Bucks said:

It is her intention that if he is allowed to come to the U.K. (he has passed the A1 test), that they would reside together in my house for a month or so, whilst looking for a nearby flat to rent.

Like theoldgit, living with an ex is not a situation I've come across before in this context. However, shared accommodation is allowed under the rules as long as there is at least one room for the exclusive use of the applicant and their sponsor. Assuming that you own the property, you do say they intend to move out, then you should write a letter confirming this.

Edited October 13, 2018 by 7by7
Addendum

[Bob Bucks]

Hi all and many many thanks for your assistance on this. I guess the first port of call is to get her name change back to her maiden name in her passport. Whilst this is taking place, I will assist in the preparation of this and go through to see what documents that she has (bills statements etc).

 

So (and I do apologise for my ignorance), she will now be the sponsor? With regards to a cover letter that was mentioned, will that be submitted by her (to explain the name change etc), and would that be done when she sends her paperwork to the U.K. address (i am presuming that she will be notified when that will need to be sent - after the application made in Bangkok?).

 

I do apologise if it appears that I maybe asking already answered questions on here, but I want to ensure that all is done correctly, for the sake of our child.

 

As she goes through the process, if you have no objections, I will no doubt be in communication again seeking advise.

 

You knowledge is invaluable and greatly appreciated.

 

Many thanks.

 

Until the next post.

  

[Bob Bucks]

Hi all.

 

Just back to this topic, as time has gone by and it's time to make the application. My question is this. Although her latest P60 shows a gross annual income of £16,700 appx her last six months payslips equate to £9,500 appx. This is due to the addition hours that have been offered and worked. So my question is, will the income be judged on the P60 or the last 6 months payslips. Obviously if the payslips were pro-rata it would equate to more than the minimum income required.

 

Perhaps someone could be as so kind as to advise.

 

I'm unsure if I can get back onto this forum (technical issues), so possibly if someone could mail the response as well.  

 

Many thanks

Edited April 18, 2019 by theoldgit
email removed as per forum rules, can contact via PM.

[7by7]

On ‎4‎/‎17‎/‎2019 at 8:00 PM, Bob Bucks said:

her last six months payslips equate to £9,500 appx. This is due to the addition hours that have been offered and worked

Presumably this is overtime and shown as such on her payslips? If so, it is taken into account when calculating her gross annual income. See Section 5.5.24 para 18(b) on page 35of the financial requirement appendix.

 

P60s are not mandatory. If she has all the mandatory documents, see section 5.6 on page 37,  and they show that the requirement is met, then there is no reason I can think of why the decision maker would ask for her P60. See section 5.6 para 2(ii)(d).

 

Edit: Sent PM as well.

Edited April 19, 2019 by 7by7