Apply to live in the UK as a parent?

[bermondburi]

Looking for my wife to move with my children to the UK. I won't be going as I work in the Gulf. 

 

1) is this doable?

 

2) would be going the savings route so can the money be in my bank account in the UK, or does it have to be in her bank account in Thailand, or something else?

 

3) do the children have to be living in the UK before she applies or can they all go at the same time?

 

Kids are British, will be 15+16. We're still together but haven't lived together properly for 3 years as I've been in the Gulf. Does that even matter as she'd be applying as a parent?

 

TIATVF.

 

 

[Tony M]

You're in a grey area here, bordering on possible abuse of the immigration rules. 

 

 Your wife has no real right to accompany or join her children in the UK to live if she could qualify to go to the UK as your partner/spouse.

 

To qualify as a partner or spouse you should both be intending to live together permanently in the UK. It sounds like you have no intention of doing that. 

 

Your children, being British have the right to live in the UK, be educated in the UK, etc, but your wife is not British and has no such automatic right. Now, if you divorce her, that could be a different story. Or, you could go to live with your family in the UK, pay UK taxes, etc.  I have simplified the whole thing, but, essentially, I think the above is correct.

[bermondburi]

1 hour ago, Tony M said:

You're in a grey area here, bordering on possible abuse of the immigration rules. 

 

 Your wife has no real right to accompany or join her children in the UK to live if she could qualify to go to the UK as your partner/spouse.

 

To qualify as a partner or spouse you should both be intending to live together permanently in the UK. It sounds like you have no intention of doing that. 

correct, and as such she can't apply that way.

 

Your children, being British have the right to live in the UK, be educated in the UK, etc, but your wife is not British and has no such automatic right. Now, if you divorce her, that could be a different story. Or, you could go to live with your family in the UK, pay UK taxes, etc.  I have simplified the whole thing, but, essentially, I think the above is correct.

I'm kind of confused about it. I'd happily have her apply as a spouse, but for sure that would be misreprenting the situation as we don't plan to live together in the UK. I'd continue where I am and visit regularly. I don't qualify as a UK resident. 

 

I know that people can apply as a parent if the children are British and under 18 because I was reading about it on the UK. gov website, but I'm just trying to work out how they do it in practice and how it all works. 

[bermondburi]

https://www.freemovement.org.uk/how-to-apply-for-a-visa-as-the-parent-of-a-child-in-the-uk/

 

So I just found this which would suggest that the parent route is not an option as we're still in a relationship, although we don't live together:

 

As stated in the Home Office guidance on this visa:

 

The parent route is not for couples with a child who are in a continuing genuine and subsisting partner relationship together. Applicants in this position must apply under the partner route where, or when, they are eligible to do so, or under the private life route. An applicant cannot apply under the parent route if they are or will be eligible to apply under the partner route,

 

 

So does that mean we'd have to all go together to the UK, and if so, I have to remain in the UK?

[Tony M]

7 hours ago, bermondburi said:

https://www.freemovement.org.uk/how-to-apply-for-a-visa-as-the-parent-of-a-child-in-the-uk/

 

So I just found this which would suggest that the parent route is not an option as we're still in a relationship, although we don't live together:

 

As stated in the Home Office guidance on this visa:

 

The parent route is not for couples with a child who are in a continuing genuine and subsisting partner relationship together. Applicants in this position must apply under the partner route where, or when, they are eligible to do so, or under the private life route. An applicant cannot apply under the parent route if they are or will be eligible to apply under the partner route,

 

 

So does that mean we'd have to all go together to the UK, and if so, I have to remain in the UK?

You are confirming the advice I gave.  The immigration rules are designed to allow partners, families, etc, to live in the UK together, not to allow you to get your wife to the UK while you work overseas.  However, the rules do allow you to live in the UK as a family, and for you to work outside of the UK for short periods as part of your employment/job. But not to allow you to be permanently employed outside of the UK. The reasoning is obvious. Why should your wife benefit from being in the UK, free NHS treatment after getting settlement, permission to work, get UK benefits, etc while you also enjoy all of the benefits of non-resident ex-pat life outside of the UK ? If it was that easy, we would all be doing it.  I think you summed it up yourself when you say that you do not qualify as a UK resident. Your British children don't really give your wife the right to live in the UK without you, unless you are separated/divorced and also meet other immigration requirements