UK spouse visa

[samwell]

Hi guys

 

I am leaving Thai and heading back to the UK in a month or so and then apply for my wife's spouse visa. I have a question regarding the application for the visa. Currently we have a child with both a British and Thai passport, would he be classed as a dependent even though he has UK citizenship?  

 

My next issue is the wife has just fallen pregnant with our second child, would she be able to have the second child in the UK and would the NHS insurance taken out while applying cover the pregnancy? We plan to apply for the visa ASAP so her pregnancy does not get too far advanced.

 

Financially I have enough savings to satisfy the visa requirements, and intend on renting a place in the UK when I get back. I will have no job, just intend on showing the savings as means for financial support.

 

regards

 

Sam

[ThaiPauly]

Hi Sam

 

I can only address your second point.

 

I think it will all be down to where you are with your payments into the NHS.

 

If you have paid it before she gives birth, then you are covered.

If you have not paid it by the time she does you ain't.

 

That's the logical answer, but there are many experts on here that will know more than I.

 

Congratulations on the fact that you are gonna be a Dad again and good luck in your new life in the UK

[samwell]

Thx ThaiPauly

 

I think it has to paid as part of the application, so fingers crossed will be covered.

 

 

Cheers

 

Sam

[RichardColeman]

3 hours ago, samwell said:

Financially I have enough savings to satisfy the visa requirements, and intend on renting a place in the UK when I get back. I will have no job, just intend on showing the savings as means for financial support.

Wish I had £84,000 for immigration in the bank - now and in 2 years - plus money for housing and living expenses every month.

 

I'll move the family to the UK in the next 10 years , the combination method will be easy when my UK pension kicks in.

 

 

 

[youreavinalaff]

3 hours ago, ThaiPauly said:

I think it will all be down to where you are with your payments into the NHS.

Payments? There is only one payment as part of a spouse visa application. 

 

The OP's wife will not be able to enter the UK as a spouse on a spouse visa without having paid the NHS supplement as it is part of the visa application.

[Tony M]

Yes, the child is a dependant.  The child's nationality is irrelevant. I guess if the child is independently wealthy then he/she might not be a (financial) dependent.

 

The IHS charge is not any kind of insurance. It is a charge to give full access to the NHS.  If the application is successful, and the applicant travels to the UK, then yes, she can have the baby in the UK without any further charges other than the initial IHS charge paid at the time of application.  Bear in mind that, if your wife is pregnant then it is likely that she cannot have an x-ray for her TB test. She will need a sputum test instead, and the results can take up to two months (don't ask me why, because I have no idea why it should take so long).

 

Your final point doesn't need addressing if you have sufficient cash savings, other than to say that RichardColeman's 84,000 GBP requirement is totally wrong.  If you have one, or more, British children, they do not form any part of the financial requirements. So the requirement, for just your wife, is 62,500 GBP.

[Led Lolly Yellow Lolly]

About the TB X-Ray, there was the possibility my wife was pregnant when we arrived UK side, so the X-ray didn't proceed. It appears to me that ANY woman of child bearing age going to the UK can skip the x-ray by simply saying they're pregnant, even if they know they're not.

 

My wife was not told to have the sputum test, but this was a long time ago, maybe the rules changed since, I don't know.

 

 

 

 

 

 

Edited June 8, 2021 by Led Lolly Yellow Lolly

[Tony M]

9 hours ago, Led Lolly Yellow Lolly said:

About the TB X-Ray, there was the possibility my wife was pregnant when we arrived UK side, so the X-ray didn't proceed. It appears to me that ANY woman of child bearing age going to the UK can skip the x-ray by simply saying they're pregnant, even if they know they're not.

 

My wife was not told to have the sputum test, but this was a long time ago, maybe the rules changed since, I don't know.

 

 

 

 

 

 

Well, it must have been a long, long time ago.  

 

Yes, x-rays can be "skipped", as you put it, by pregnant ladies, but that doesn't exempt them from proving that they don't have TB. They must have a medical (x-ray, sputum test, or whatever). Just "simply saying they're pregnant" will not exempt them from the legal requirement. And if they know they are pregnant, but still go ahead with an x-ray, then that is decidedly foolish ? The law is clear :

 

 

 Any person making an application for entry clearance to come to the UK for more than six months or as a fiancé(e) or proposed civil partner applying for leave to enter under Section EC-P:Entry clearance as a partner under Appendix FM, having been present in a country listed in Appendix T for more than six months immediately prior to their application, must present, at the time of application, a valid medical certificate issued by a medical practitioner approved by the Secretary of State for these purposes, as listed on the Gov.uk website, confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in the applicant.

[samwell]

Hi chaps 

 

Cheers for the advice. Found on the British gov website that she can still xray if extra screening equipment provided, but doubt my wife would be willing to do that regardless. That leaves the sputum test. 

 

Cheers

 

Sam

[Led Lolly Yellow Lolly]

6 hours ago, Tony M said:

Well, it must have been a long, long time ago.  

 

It was, she long since became British and we moved back to Thailand. IIRC when she skipped the x-ray, they gave her some card of some sort and was asked to put a number and address she could be contacted at. As we arrived without an address I have no memory of what we put on that. Whatever the case, there was absolutely no follow up.

[brewsterbudgen]

1 hour ago, samwell said:

Hi chaps 

 

Cheers for the advice. Found on the British gov website that she can still xray if extra screening equipment provided, but doubt my wife would be willing to do that regardless. That leaves the sputum test. 

 

Cheers

 

Sam

And don't forget she'll need to pass the A1 or B1 English test.  

[steve187]

On 6/8/2021 at 2:15 PM, RichardColeman said:

Wish I had £84,000 for immigration in the bank - now and in 2 years - plus money for housing and living expenses every month.

 

I'll move the family to the UK in the next 10 years , the combination method will be easy when my UK pension kicks in.

 

 

 

£62,500 is the required savings amount or £18,600 earnings, the child is a UK national, 

You won't need to meet this financial requirement if you have one or more of the following benefits:

Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance, Carer's Allowance, Personal Independence Payment

[youreavinalaff]

42 minutes ago, steve187 said:

£62,500 is the required savings amount or £18,600 earnings, the child is a UK national, 

You won't need to meet this financial requirement if you have one or more of the following benefits:

Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance, Carer's Allowance, Personal Independence Payment

The OP is also taking a dependant. Also wife is pregnant. Making 2 dependants.

 

I believe the £84000 is in reference to this.

[theoldgit]

10 minutes ago, youreavinalaff said:

The OP is also taking a dependant. Also wife is pregnant. Making 2 dependants.

 

I believe the £84000 is in reference to this.

 

The OP's wife is the applicant, their child is a British Citizen so not included in the calculation and neither is their unborn child.

[youreavinalaff]

12 minutes ago, theoldgit said:

 

The OP's wife is the applicant, their child is a British Citizen so not included in the calculation and neither is their unborn child.

It has been mentioned here already that nantionality is not relevant.

 

That was by TonyM, who I believe knows his stuff. I know that you are very knowledgeable too.

 

Who is correct?

Edited June 9, 2021 by youreavinalaff

[theoldgit]

42 minutes ago, youreavinalaff said:

It has been mentioned here already that nantionality is not relevant.

 

That was by TonyM, who I believe knows his stuff. I know that you are very knowledgeable too.

 

Who is correct?

 

Yes, Tony M certainly knows his stuff, and whilst their childs nationality is not relevant, as a British subject, whilst he's a depenant he's not subject to Entry Clearance, so doesn't have to be part of the financial calculation and neither does he have to pay the NHS Surcharge.

[Tony M]

21 hours ago, youreavinalaff said:

It has been mentioned here already that nantionality is not relevant.

 

That was by TonyM, who I believe knows his stuff. I know that you are very knowledgeable too.

 

Who is correct?

I thought my post was clear. Sorry if it confused you.  The "nationality is irrelevant" is in response to the OP asking if a child with a British passport is a dependant.  Most children, if not all children, are normally "dependent" until they become adults or win the lottery. So their nationality is irrelevant.  My comment about the financial requirement of 84,000 GBP does say "If you have one, or more, British children, they do not form any part of the financial requirements."