Uk Settlement Dilemma...

[mcsherbit]

Hi everyone.

Apologies in advance if my question has already been covered however I’ve hunted the forum up and down and got a good grasp of information but there are a couple of specific points that I need advice on. Hope you can all help.

Girlfriend and I have been together for 3 years now. First year and a half was here in Thailand. I returned home to UK at which point and she came to stay with me 4 months later on a 6 month visitor’s visa. She then returned home to Thailand abiding by here visa rules. There then followed a horrible gap of around 7 months when she was in Thailand and I was in the UK. I then returned to Thailand and I’ve been here for 3 months which takes us to the present time.

My plan now is to marry in Thailand and return to the UK with my then wife on a settlement visa. What I want to know is will it be possible for me to return to the UK at the same time as my wife or would it be 100% necessary for me to return home first and set up accommodation etc and for her to follow 4 or 5 months later. Obviously the first option is preferable.

If the first option would be possible then the plan would be to return home and stay with my mother at her house for 2 to 3 weeks until we find our own apartment. I do not have a job at the moment however I started taxi driving not long before I came back to Thailand on my last trip and would be going back to continue with that which is relatively lucrative. Of course working as a taxi driver I would be self employed and since I have not done the job for a long period of time, I have no financial/tax books to show. I brought 3 months worth of bank statements with me to Thailand which runs up until mid September showing decent cash flow up until the point that I left the UK. My balance was showing just over £5,000 at his point.

Do you wise advising people think that with the above bank statements and plan of action that it would be possible for us to return together or do you think that I would be wasting my time and it would be best for me to go home first and set things up in order to provide more solid evidence?? I’m more than confident that I have enough evidence to prove our relationship; I’m just not sure if I have enough evidence to prove that we can make it financially

Thanks in advance

Steve

[thaigene2]

Can answer part of your questions through anacdotal experiences of a guy I know in the UK. I don;t think the issue about whether you go back alone or together should be your main concern

The guy I know married a village girl he met in a tourist resort area, then tried to get her the settlement visa. But they rejected the application because he didn't have his own place (he lived with his sister in her flat in one of the Home Counties). He was also working...but with a typically average British low-wage job (versus high cost country), it was unlikely he could afford to support his immigrant wife as well on his salary nevermind find a place of their own.

So in the end, she stayed in Thailand for a while. he went back and tried to upgrade his own accomodation problems. Eventually she was allowed to reunite in the UK. She had a son from previous marriage and that too was eventually sorted out (though later still). They are all now living together in the UK. It took around a year I think for all of that to get sorted.

The UKimmigration people seem to be concerned about:

1. how loing you've been married and what your familiy status is (do you have kids together - if so maybe better off - hard to deny a little British-Thai kid his right to go back to UK - but to refuse mummy entry ..well that would be cruel right?)

2. if no kids together, how long have you been together - they may ask for evidence - receipts, her visits to UK (so old passports) etc..

3. if only recently maried, be prepared for a grillng...they wan't to know if she was on the game, and whether she'll dump you once back in the UK (or after the 2 yrs and she has rec'd her own British citizenship). If she dumps you will she go on the dole?

Look at it from the HM Customs and Immigration's own pessimistic view, and you'll be better prepared..Good luck. (PS..UK is still once of the easiset places to bring back a foreign spouse. In Canada they make you sign a guarantee that if the foreign spouse dumps you, goes on the game, commits a crime, gets really sick, etc. etc, that YOU will foot the whole bill - for FIVE years...even if SHE DUMPS YOU..Divorces you, etc..Nice huh??)

[scotty123456789]

Being an ex girl on the game does not automaticly meen the girl would have her visa refused...........

[mcsherbit]

But they rejected the application because he didn't have his own place (he lived with his sister in her flat in one of the Home Counties).

I got the following info from the UK visa website:

"If the accommodation is not owned by the couple (or one of them), the Rules require that there be adequate accommodation which is for their exclusive use. This need not be as elaborate as a self-contained flat. It is acceptable for a couple to live in an existing household, e.g. that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use."

I'm hoping that this would mean that they would be fine with me living with my mother for a short initial period given that we would have our own room?

And just for the record, my girlfriend is a teacher and has never been on the game (as far as i know anyway) so hopefully this wouldnt come into the matter

Anyone else have any thoughts about the chance of us being able to go back to the UK together at the same time?

Edited December 1, 2007 by mcsherbit

[scotty123456789]

Living with your parents is not a problem, like you say, you must show them there is sufficient space.

You will need a welcome letter from your parents welcoming your misses into there home.

[guru]

My wife received a settlement visa earlier this year. We had only been married 6 weeks and got the visa in 3 days without interview.

My position:

No job- Student at university

No accomodation - staying with relatives.

Bank balance similar to yours.

So yes I think you have a good chance of getting the visa and travelling together.

Include a letter from your mum stating she is willing to accomodate you both temporarily.

Tell her to state how many and what kind of rooms there are and that one bedroom will be for your exclusive use.

They will want to know what you plan to do re: employment and try and get something on paper. Even though I didn't have a job I was heading in a direction towards employment.

Dont assume anything - Put time and effort addressing every little thing and put it all in a professional looking folder backed up with as much evidence as possible. We submitted a huge ring binder.

Good luck.

Edited December 1, 2007 by guru

[ClaytonSeymour]

Can answer part of your questions through anacdotal experiences of a guy I know in the UK. I don;t think the issue about whether you go back alone or together should be your main concern

The guy I know married a village girl he met in a tourist resort area, then tried to get her the settlement visa. But they rejected the application because he didn't have his own place (he lived with his sister in her flat in one of the Home Counties). He was also working...but with a typically average British low-wage job (versus high cost country), it was unlikely he could afford to support his immigrant wife as well on his salary nevermind find a place of their own.

So in the end, she stayed in Thailand for a while. he went back and tried to upgrade his own accomodation problems. Eventually she was allowed to reunite in the UK. She had a son from previous marriage and that too was eventually sorted out (though later still). They are all now living together in the UK. It took around a year I think for all of that to get sorted.

The UKimmigration people seem to be concerned about:

1. how loing you've been married and what your familiy status is (do you have kids together - if so maybe better off - hard to deny a little British-Thai kid his right to go back to UK - but to refuse mummy entry ..well that would be cruel right?)

2. if no kids together, how long have you been together - they may ask for evidence - receipts, her visits to UK (so old passports) etc..

3. if only recently maried, be prepared for a grillng...they wan't to know if she was on the game, and whether she'll dump you once back in the UK (or after the 2 yrs and she has rec'd her own British citizenship). If she dumps you will she go on the dole? She wouldn't have her own British Citizenship after 2 years.

Look at it from the HM Customs and Immigration's own pessimistic view, and you'll be better prepared..Good luck. (PS..UK is still once of the easiset places to bring back a foreign spouse. In Canada they make you sign a guarantee that if the foreign spouse dumps you, goes on the game, commits a crime, gets really sick, etc. etc, that YOU will foot the whole bill - for FIVE years...even if SHE DUMPS YOU..Divorces you, etc..Nice huh??)

[mcsherbit]

My wife received a settlement visa earlier this year. We had only been married 6 weeks and got the visa in 3 days without interview.

My position:

No job- Student at university

No accomodation - staying with relatives.

Bank balance similar to yours.

So yes I think you have a good chance of getting the visa and travelling together.

Include a letter from your mum stating she is willing to accomodate you both temporarily.

Tell her to state how many and what kind of rooms there are and that one bedroom will be for your exclusive use.

They will want to know what you plan to do re: employment and try and get something on paper. Even though I didn't have a job I was heading in a direction towards employment.

Dont assume anything - Put time and effort addressing every little thing and put it all in a professional looking folder backed up with as much evidence as possible. We submitted a huge ring binder.

Good luck.

This seems to be a promising post. Do you think it was purly because you had 5 or 6 thousand in the bank that they excepted the application?

As mentioned before, i have three months worth of bank statements which take me up untill mid september at which point my balance was over £5K. Do you think they would want to see bank statements for oct and nov also? If so, this would be a problem since the balance has only kept reducing since mid september to around £2k as i havent been working and i'm spending while i'm in thailand.

[Mahout Angrit]

The main points you seem concerned about and will have to address is that you will have to demonstrate that there is suitable accommodation for yourselves and that you have sufficient income to support both of you without recourse to public funds.

Certainly accommodation can be offered by a relative but that relative will have to prove that they own or rent the property, state how many are currently are living there and show that there is sufficient space for you.

As for the funds, you will be required to show bank statements and payslips to demonstrate that you have done and will be able to live off your income. If you have a job it would be best as you could get a letter from your employer however a written job offer or the qualifications to show that securing a job would be relatively easy could well suffice.

It's difficult to say how much a deposit in a bank is considered as it's relatively easy to use a few thousand pounds to set yourself up in UK. They need to see recent bank statements so if you cannot submit them you should explain why.

Recent legislation has left it doubtful if third party sponsorship ( say from your folks) would be allowed.

You should also demonstrate the longevity of your relationship.

[the scouser]

Neither the accommodation nor the employment has to be absolute. You need to demonstrate that it is likely that you will be able to take care of yourselves without recourse to public funds. Your mother's offer of accommodation should be fine and there is no requirement to have a job lined up as long as you can otherwsie show you can easily find work once in the UK.

The current income support level for a married couple is £92.80 per week, so you could argue that £5000.00 is sufficient to support yourselves for a year, during which time you will undoubtedly find employment.

Scouse.

[coldcrush]

Hi MC,

I was going back and forward from Thailand and then made the visa application with only 3 months worth of bank records and this in my case was sufficient. I also applied on my application for us to bide in my Mothers house on return and this was also enough. You must prove that you have enough room within the property to accomodate you and your Missus, thats it. A letter off your Mum stating the fact is benificial as was included in mine (typed, signed dated for the pro touch).

You could also add that it was hard to be apart so you returned to be together also assisting your GF in the application process, as I did.

Goodluck Mate.

[mcsherbit]

Thanks for all your input.

Worst case is that my wife applys for the visa and is rejected. If the visa is rejected can she apply again when i'm back in th UK and organized with a job and an apartment?

[snuggzzz]

I think that it is all about supporting correspondence particularly regarding finances to prove your case, including letter of sponsorship, length of relationship, prove by photos; and presentation, as mentioned all in binder easily read; I have done the same and awaiting a reply from the Embassy. You can ring the Embassy, they cannot comment on individual cases, but may advise on what is required etc................. Good luck...

[guru]

Thanks for all your input.

Worst case is that my wife applys for the visa and is rejected. If the visa is rejected can she apply again when i'm back in th UK and organized with a job and an apartment?

Yes she could apply again.

It's 36,000 baht a time and its non-refundable if unsuccessful.

[mcsherbit]

So... My only question now is...

After we get married here in Thailand would it be appropriate for her to change her name in her passport and ID card before she applies for the settlement visa?

If it is not needed then i would prefer not to do it at this time as it only adds to the cost and more importantly the time scale.

Thanks again for all your speedy responses!

[the scouser]

A name change is not a requirement of getting a settlement visa. The marriage certificate will show you to be married.

Scouse.

[Doggsy]

We had been together for about a year and a half. 1 year and a bit in Thailand and 4 months in England. We returned to Thailand and got married. The next day we submitted the visa application ( we werent going to do it so quickly but the price was about to increase by loads). I spent a week in Thailand but had to return to work whilst my wife remained in Thailand. The day i flew back to Thailand the visa was approved. With regards to all the other parts of the application: Due to not knowing whether we would stayin England or Thailand when we first came to England we were staying with my sister. I had only been in my current job for 2 months but provided a letter from them. At the time it was a basic entry level job but with further prospects. After trying to pay off flights and visas I had only 2k in my bank and that was before taking the money out for the visa application. My sister provided a letter to say we could stay in her house and we provded mortgage details and all the information about the house.

like somebody has said above we provided well above and beyond what evidence was needed that showed evidence of us being together and actual time spent together.