Relocation Next Year

[Savage]

Good afternoon chaps,

I have been living here in Thailand for the past 5 years and have been working voluntarily. I have been married for 3 years to my wife who works freelance in the shipping industry. We have a 15 month old baby girl who holds both Thai and UK passports. During the last 3 years we have visited the UK on 4 occasions as visitors. We have decided to relocate to the UK. The plan is that my wife will work initially in a Thai restaurant as work in the same industry would be very different from what she is used to and I want her to experience a transitional period first.

I will not be working for the first year or so as I will be completing my university studies before (hopefully) embarking on a teaching career in the UK. We will be living with my Dad and Mum in a 5 bedroom house whilst we build our lives there. There is no time limit on our staying with them & fortunately for me my parents are more than happy for us to stay with them at their expence. They are quite comfortably off and any tuition costs incured by me will be payed back to my father interest free with no time limit.

My wife has never worked in a bar, is from Khon Kaen & has good bank history & is well spoken and respectable in her appearance.

How does this all sound to you? Is the fact that i'm not going to be working for a year or so a major hinderance to her application? What could we do to maximize our chances of success? The only thing i'm slightly worried about is that my wife does not take any sh&t from anyone and I don't know what her reaction to rude staff would be.

She got her previous visas (visitor) with no hassles.

Chaps, your replies are sincerely appreciated in advance.

Regards,

Sav

PS We are planning our move next July so at that time we will have been married for 4 years and partners for 5.

Edited March 9, 2007 by Savage

[guru]

I was in a similar position to you when applying for wife's settlement i.e. a year left in uni before embarking on a teaching career.

So not working for a year is not a major hindrance to her application as long as the settlement requirements are met.

My wife got the visa but what you have to do is supply evidence, evidence, evidence.

Your relationship is obviously genuine so that box is ticked but still supply all the evidence going back through the years.

To satisfy accommodation requirements provide a signed letter from your parents stating:

-they are willing for you to both to stay for as long as you need it

-how many bedrooms and other rooms are in the house

-who lives there

-No mortgage (if applicable.)

Also get them to provide proof of ownership of their house. House deeds etc.

You must also provide financial evidence to satisfy the embassy you won’t be applying for public funds.

Provide 6 months of all bank statements from you and your wife and any other savings you have. Provide all bursary and student loan information/evidence.

If you feel this won’t be enough get your parents to mention they will provide any financial support you might need until you both find employment. You should also provide evidence of their ability to do so.

Your parents should also mention the fact they are loaning the money for your tuition costs.

Provide evidence of your place on the university course and completion date.

Provide evidence of your wife’s employment history and any qualifications which shows she will be able to find employment in the UK.

Prepare a cover letter which states you are supporting your wife’s application and talk about your relationship history, previous visitor visas, child with UK passport, future plans etc. and don’t forget to sign and date it.

Look at your application and evidence and think to yourself if I was the ECO would there be anything I would want to ask. If so address the issue in the cover letter and back it up with evidence and hopefully there won’t need to be an interview.

If an interview is needed and the staff are rude then your wife must keep her cool as I’m sure if the ECO gets peeved off then they will find some technicality to refuse the visa.

Make your application look professional – Ring binder, contents list etc

P.S. Don’t forget to save up for the new ridiculous visa fee which starts on April Fool’s Day.

[the scouser]

As the immigration rules currently stand, once you and your wife have been married and lived outside of the UK for 4 years or more, she can qualify for indefinite leave to enter. This would obviate the need to then apply for it after 2 years in the UK, thereby saving what will be £750.00. However, with effect from April, all those seeking indefinite leave will have to demonstrate that they have a sufficient knowledge of English and citizenship, so the facility to qualify for ILE may be withdrawn. You'll have to check back nearer the time to see if that particular rule is still in force.

Scouse.

[Savage]

Hello chaps,

Thank you for your much needed advise regarding our situation. With our situation in mind would you recommend us using a visa agent or do you think our case is strong enough to go it alone?

Many thanks chaps.

Regards,

Sav

[Mahout Angrit]

Thank you for your much needed advise regarding our situation. With our situation in mind would you recommend us using a visa agent or do you think our case is strong enough to go it alone?

Many thanks chaps.

No agent on the streets of Bangkok can change the strength of your application. If some reports on this forum are anything to go by they weaken it by omitting documents.

No agent can guarantee success despite what they may promise. The advice from this forum will always be to do it yourself.

[GU22]

I see no need to waste money on an agent. Anything that an agent could tell you has already been covered by Guru in his above post. He's been there and successfully done it, remember.

Just one thing I would add. If your parents (or anyone else) is offering financial support to you then they will need to provide evidence (in the form of bank statements, pay slips etc.) that they have the funds to do so. If your wife has a definite job offer then include this, too.

Have a read through Chapter 9 – The maintenance and accommodation requirements.

[Savage]

Hi chaps,

i've printed all the details and we're fairly confident of our case. I have another couple of questions if I could trouble you lads again.

As stated we are planning to move July/August 2008. I am planning to hand my notice into my job in April 2008 and feel it would be sensible if we have her visa already in the bag when I do this. Also we like to visit UK at Christmas each year as it is the only time my family is together in one place.

How long is the process (average) from application to visa issue or interview?

Would we be better to go to the UK on a visitors visa or settlement visa and then return to Thailand for 7 months before making the permanent move? Can I apply for a settlement visa at the same time as applying for a visitors visa? Are we better to cancel the christmas trip and just concentrate on the summer move?

I'm making this more complicated than I need, i'm sure you can get my drift from the details above.

Thanks

Sav

[GU22]

When to apply for settlement depends a lot on when the fourth anniversary of your marriage is. As Scouse says, once you have been married and living together for 4 years she will not get a spouse visa, she will get Indefinite Leave to Enter. This is basically the same status as a spouse who has been in the UK for 2 years and has now obtained Indefinite Leave to Remain.

Therefore, it would be better wait until you have been married for four years before applying for the settlement and to apply for another visit visa for the Christmas visit.

However, as Scouse also says

However, with effect from April, all those seeking indefinite leave will have to demonstrate that they have a sufficient knowledge of English and citizenship, so the facility to qualify for ILE may be withdrawn. You'll have to check back nearer the time to see if that particular rule is still in force.

She may need to pass an English test taken in Bangkok or ILE may be abolished or something else. I'm afraid the government isn't saying at the moment.

The worse that will happen is that she will have to apply for a spouse visa and then 2 years later apply for ILR in the UK. If this is the case, there will be complications and extra costs if the SV expires before she is time qualified (i.e. 2 years) for ILR. She can have the SV post dated for up to three months, so if travelling in August she should not apply until May.

How long to process an application. If no interview is required then 5 to 10 working days. If an interview is required then it depends on how long the queue is. It can be 3 months or more. However, from what you have said regarding your circumstances, I doubt that an interview will be required in your case.

No, she cannot apply for a visit visa and a settlement visa at the same time. In one application she would be saying she definitely intends to leave the UK while in the other she would be saying she intends to live in the UK indefinitely! Both statements cannot be true.

However, she can return from a UK visit and then apply for settlement while the visit visa is still valid; in other words she wont have to wait for it to expire before applying for settlement.

Hope this helps.

[Mossfinn]

No agent can guarantee success despite what they may promise. The advice from this forum will always be to do it yourself.

I don't always go along with this, I am afraid, but I agree that no agent can guarantee a positive application, I also agree that the best form is to down load the forms and have a bash yourself, if you have any difficulties or questions, post away on here, there are always a host of people who can help and advise.

No question is stupid, only ones you don't know the answer to and there are always those that do.

However, if you are overly concerned about your application and think that you cannot get thru without a more personal touch, there is the option of using an agent.

But, never ever use the guys that interject at the Embassy or VAC and only use those that have been recommended, even then ensure that they are an approved OISC member.

If you require a recommendation, I am sure there are people on here who would be glad to point in the right direction, although you don't have to look to far.

Good Luck

Moss