Uk Visa For Thai Wife

[slippers]

Hello Forum, need some advice.

I recently got married in Thailand, and want to get a spouse visa for my wife.

I can easily afford to support her and I've got phone records going back 8 months to use as proof. My bank balance sucks as I spend so much time there and I don't own my accomodation. She has a dubious past after working in the bars of Malaysia and Thailand. She was also deported from Malaysia.

Will my weak financial position and her past exploits be grounds for refusal of a spouse visa?

[the scouser]

Hi Slippers,

There follow the criteria that your wife needs to meet in order to get her settlement visa:-

"13.5 - Spouses and how they qualify (Rules paragraphs 277 - 289)

For an applicant to qualify for admission as a spouse, you must be satisfied that:

the sponsor is present and settled in the United Kingdom, or is to be admitted for settlement at the same time as the applicant arrives in the UK;

the sponsor is aged 18 or over and the applicant 16 or over;

the parties to the marriage have met;

the marriage is subsisting and each of the parties intend to live permanently with the other as his/her spouse;

there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively;

the parties will be able to maintain themselves and any dependants adequately without recourse to public funds."

If you rent your accommodation then provide evidence of your tenancy agreement or if you live with friends/family then get a letter from them saying how big the property is and that you have the sole use of one bedroom for yourself and your wife.

Whether your wife's history has a bearing upon the issue of the visa largely depends upon how long ago it occurred. If her circumstances have materially changed since then her past record is of little significance. Afterall, she is now married which presumably she wasn't at the time when she was kicked out of Malaysia.

With regard to your bank balance, the visa officer is not looking to see that you're a millionaire, he/she just wants to see that you have a regular income which is sufficient for your to take care of your wife without claiming welfare benefits.

Hope that helps.

Scouse.

[BKK_banger]

A question often arises as to how much is enough?

An appropiate comparator is income support. As this is the amount the government says you can live on who can argue?

Immigration cases do not come to court very often so the exact guidelines or arguable criteria are hard to come by but this point has been argued in court and is persuasive.

As to the other matters, I do not see any mention of a criminal conviction for prostitution. What were the grounds of deportation, overstay? Do not lie about the reasons but she is entitled to present her case as favourably as possible.

Sounds like a difficult case but not impossible.

The standard of documentation, presentation and advocacy skills of the person preparing the application will be critical. Better find yourself someone who has done this before and only takes difficult cases.

[the scouser]

Slippers,

If as well as a British passport you are entitled to one from another European Union country, for example Ireland, then your wife will certainly get the visa. If this applies in your case then say so and I'll explain the rules.

Scouse.

[slippers]

Hi Scouse

Unless you know otherwise, I guess I'm only entitled to a British passport as both parents are British and I have only ever lived in the England.

Slippers

[the scouser]

Ah well, revert to plan A. The information given in my original post stands.

Scouse.

[BKK_banger]

If you have at some point worked outside UK in the EU you would have become an EU worker. Even on return to UK this would give you rights that are the envy of every native born Englishman who has never left the UK, if only they knew about them.

This would be a last ditch effort but you could consider working in Ireland for a period and then your problems could be solved. Basically the Embassy would be obliged to give you every assistance FREE OF CHARGE to bring your wife to UK.

I won't bother rabbitting on about EU law provisions on this forum.

I haven't found anyone yet who is having a visa problem for their wife AND can show EU worker status. I would love to argue that one at the Embassy.

[the scouser]

Spot on advice from BKK Banger. Should you choose to go and work in another EU country the generally accepted length of time is for 6 months.

Scouse.

[BKK_banger]

And even that is arguable.

[slippers]

Thanks for your avdice guys. Will look at work in Ireland if all else fails. One more point, if she has a police record for prostitution will that work against the application? She was caught 3 years ago but has kept her nose clean for the past 2. I guess she will need to be honest as they will find out through their checks.

Slippers

[the scouser]

Hi Slippers,

The British embassy don't enquire whether an applicant has a criminal record or not. It would only be a problem if someone brought it to their attention.

The UK immigration laws work on the principle that there is no duty of candour; i.e. you don't have to divulge anything about yourself unless a specific question is asked.

Scouse.

[Darlek]

you will prolly get shafted on the proof of abode thingy .

as you are always in LOS they will presume you are a bum.

can you provide a council tax bill showing payments ?

it s doe s not look good

[slippers]

No council tax bill to show, only payslip invoices to show I have regular work.

[slippers]

Sounds as if the application is entirely dependent on my circumstances and not my wifes.

Thanks for the advice guys, will post the outcome.

[the scouser]

Slippers,

You do NOT need to own your own place or even pay council tax as suggested by the previous poster. The immigration rules are quite explicit on this point. You must have accommodation that you occupy exclusively. This can be a room in a mate's hovel as long as you have a room. A letter from whomever you stay with stating that you and your Thai wife are more than welcome to stay and describing how big the property is will satisfy that requirement.

Scouse.

[BKK_banger]

This is a particularly interesting point.

The requirement is for adequate accommodation to be available when SHE arrives in UK. For the obvious reasons.

There was a letter from then Home Office Minister Nicholas Baker to Giles Shaw MP 5th October 1994 which described the accommodation requirement as “the applicant and their spouse have at least a small unit of accommodation, eg a bedroom for their exclusive use”

Without going into the Housing Act and case law on "dwellings" suffice it to say that a single room EXCLUSIVELY OCCUPIED with a shared toilet is enough, a kitchen is not needed. The exclusivity is just that, you need to be able to lock it or the other occupants of the building understand that they cannot wander in, change the sheets etc. whenever they feel like it.

I obtained a settlement visa on the basis of neither an owned property or a leased one but for a room held on "gratuitous licence". i.e. you have a licence to remain there free of charge until the owner turfs you out. A mate's spare room in fact.

You may need some proof of this and piccies etc. The standard does not need to be high as long as it is not unsanitary or overcrowded.