Wife And Kids Uk Settlemnet Visa Application

[currymonster]

Hi all.

My wife will be submitting an aplication for a UK settlement visa and we would very much appreciate some advice to help us decide how and when we should proceed with it. Please allow me to apologise in advance if I cover old ground.

Our circumstances are as follows:

My wife and I first met in February 2005 on Phuket, where I have been a regular visitor since late in 2001. Our relationship became serious very early on and I decided that I would move to thailand to be with her.

We had been living together, in rented accommodation, in Phuket since August 2005 and married in October 2006, although the marriage was not registered until October 2007. A few months back we were also joined by her two daughters, aged 8 and 10 from her previous marriage (father now deceased)

Recently, we have decided to give up the restaurant/takeaway food business, which we had ran at a loss (me aas silent partner) and have now sold the premises.

I returned to England on 27th May and have been working through an employment agency on a temporary contract for the last month. I am hoping to find a more perminent job soon, but given the present economic climate, would not anticipate that my earnings before tax would be more than 14,000-17,000 per year. I believe my wife would not have too much trouble finding a job as she has a good command of English and a respectable work history. We also have plans to set up some kind of mobile catering business (gluttons for punishment) but do not want to erm...eat into our funds at this time.

I have around 3,000 pounds savings, which I should be able to build on. my wife has around 6,000 pounds from the sale of the business premises, from which she will need to deduct living expenses. We also own a car which should realise around 3,000 pounds.

In England my Mother owns, ouright, her own 5 bedroom house, which includes 3 double rooms. Mum has agreed that we can stay rent free until we can both find work and afford to rent our own place. I would be keen to move out as soon as possible, as although mum wannts to help us, I'm sure she would prefer to have her own space.

Obviously I would like to bring my family over here as soon as possible, but failure really would be a total disaster for us, both emotionally and financially.

I Would like to know:

Will I need to supply 6 months of wage slips and bank statements given that up untill recently we have been living together in Thailand?

Would we have a realistic chance of getting visa's for both my wife and the kids at the same time? or would it be wise for my wife to come first and bring the kids over when we are settled?

I had assumed that when we got married I would automatically take responsibility for the kids. is this the case? Will I need to adopt them?

My wife has changed her surname to the same as mine. Would it help and is it possible to have the kids surname changed to mine in thailand without me being there?

Would be very greatful if anyone could answer some of these questions.

Thanks in advance.

Mark.

[the scouser]

Mark,

It is a realistic prospect for the entire Thai contingent of your family to move to the UK simultaneously. I'm no family law expert, but my understanding is that you will not be construed to have legal parental responsibility for the kids and this will remain with their mother. You can, however, subsequently seek to adopt the children, but there is no requirement to do so. Again, there is no requirement for the kids to change their surname to yours; amongst other things, you simply have to demonstrate that your wife is their mother.

Your proposal of accommodation is fine and your income after tax should be at or above the amount your family would notionally receive if you were in receipt of income support which is currently approx. £175.00 pw for a couple and two children. Indeed, once in the UK, you could claim tax credits in respect of your wife and step-children in addition to child benefit just for the kids. You don't need to have been in emplyment in the UK for a prescribed period of time.

Scouse.

[currymonster]

Hi Scouse.

Thankyou for your very encouraging answers to my questions. Having read many of the other posts on this section of the forum, I would like to echo the sentements of others and thanyou for taking time out of what must be a busy schedule to help us all.

I will wait until I have secured and settled into full time work before we apply as I would just feel more comfortable doing things this way.

Be assured, that should we decide that we need professional assistance when we apply we will contact you through your company.

Your answer did raise one more question relating to our circumstances:

If I did make a future claim for tax credits until my wife finds work, will it effect my wifes future I L R application?

Thanks again.

Mark.

Edited July 21, 2008 by currymonster

[the scouser]

If I did make a future claim for tax credits until my wife finds work, will it effect my wifes future I L R application?

Simple answer: no.

Scouse.

[currymonster]

Scouse.

again, many thanks