Visa For Uk For Wife!

[kenkannif]

From a friend, If any of you can help, I'll be your best friend for all of 5 minutes!

It's taken me awhile, but I've finally sent all the documents, etc onto the wife in Bangkok for her to apply for her Settlement Visa. She has confirmed receipt of them.

These are the documents that I sent:

- Our son's original British birth certificate.

- A letter from my son's school in the UK.

- Our original Thai marriage certificate.

- Photos of us together with our son taken 5, 4, 3 and 2 years ago.

- A letter confirming that I will start a full time job when my wife gets here.

- A letter saying that a Part time job is available for my wife when she gets her.

- Bank Statement

- A letter from me explaining my situation.

- Proof of address in the UK.

- Copy of every page of my passport authenticated by the police.

I'm worried about the Bank statement, as I am only able to work part time due to having to take care of my son, and I still receive some state funds which are put into my Bank acount and are shown on the Bank statement.

What do you think her chances are of getting the visa?

I just got an SMS from the wife to say that the embassy have asked to see her Bank book. She doesn't have any money in it.

All she has is my last Bank Statement from the UK.

Any ideas as to what to do?

Is there anything else I should send to her?

Edited September 30, 2004 by kenkannif

[the scouser]

Kenkannif,

Can your friend give an indication of what benefit he receives from the government as some count as public funds for the purposes of the immigration laws and some don't? Can he indicate if his flat/house is either owner occupied or rented or whether he lives with friends/family? Please can he also confirm that his wife is the mother of the son to whom he refers and give the circumstances that led to him being in the UK and his wife in Thailand? If his wife is the mother of their son and he was born in the UK then the wife must have previously been to the UK. What was her status then? Also, how long have they been apart?

I can then give a detailed response.

Scouse.

[kenkannif]

Thanks so much mate!

Here's the info you asked for:

I receive Income Support.

I live in a rented flat.

The wife is his mother.

Went back for my son's education.

Been apart for ten months now.

[the scouser]

Right, here goes. Firstly click here to download the application form. Secondly, there follow the rules which need to be satisfied for an applicant to qualify for a settlement visa on the basis of being married to a British citizen:-

"Requirements for leave to enter the United Kingdom with a view to settlement as the spouse of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

( the applicant is married to a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married at least 4 years ago, since which time they have been living together outside the United Kingdom; and

(ii) the parties to the marriage have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting; and

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

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity." End of rules.

As can be seen from the preceding paragraphs your friend will need to show that he can maintain and accommodate his wife without recourse to public funds. Income Support is considered to be such. I understand from your original post that your friend is to start full time work once his wife arrives in the UK and will not then need to claim Income Support but the relevant date in terms of the visa officer's decision is the date she's interviewed. If your friend is still receiving the benefit on that day the application can be refused. The visa officer, if he's got any common sense, will take on board the fact that upon the arrival of your friend's wife in the UK then all claims will cease but I wouldn't rely upon them possessing that nous. However, it is advantageous that your friend will supply a letter from his employer confirming his intended switch to full time working and this should aid his wife's case. If he is currently working more than 16 hours per week has he thought about claiming Working Families Tax Credit instead of Income Support? This is not considered to be a public fund.

In order to for his wife to satisfy the other requirements of the immigration rules you friend will also need to supply the following documents:-

1. Original marriage certificate (plus an official translation as he married in Thailand);

2. His last 3 months' wage slips;

3. His last 6 months' bank statements;

4. A copy of his passport;

5. Evidence of contact with his wife - letters, e-mails, photos, phone bills etc.;

6. His tenancy agreement with at least a 6-month validity (or a notarised copy if he doesn't wish to risk losing it);

7. A letter from his landlord stating how many bedrooms the property has, how many people currently live there and that he/she has no objection to your friend's wife living there;

8. His son's original birth certificate (again a notarised copy if he doesn't wish to send the original);

9. A covering letter addressed to the visa officer setting out the circumstances of his relationship with his wife and reiterating that he will start full time work and cease claiming Income Support when she arrives in the UK; and

10. Letters from both his employer and his wife's prospective employer stating how much each can expect to earn.

Article 8 of the Human Rights Act allows an individual the right to a family life and it is worth mentioning this in his covering letter. He should set out the reasons why he believes the visa officer would breach this article if his wife's visa were to be refused. Additionally, he should say why he is unable to permanently join his wife in Thailand. The right is qualified; i.e. it is secondary to the interests of the state, so the visa officer may claim that your friend's right to a family life has not been breached because the UK has an entitlement to implement a firm immigration policy but it is worth mentioning nonetheless.

In conclusion, I believe his wife's chances to be 50/50. It will stand or fall on the public funds issue and this depends upon whether the visa officer is able to see the "wider picture". If it's any consolation, if the application is refused there is a right of appeal. Should this situation arise then the Immigration Advisory Service may be of help. They represent people at the hearings for free. A search should locate their wesite.

Hope that's of assistance,

Scouse.