Uk Settlement Visa For Family

[AyJ]

I would sure like some help and opinions about my situation regarding a settlement visa.

I would like to move back to the UK with my family; myself (British), Thai wife, her 2 sons and our daughter. We have been married for 7 years now. My wife has been to the UK twice before on settlement visas, but we returned because of family problems. I have taken care of her 2 sons (14 and 9 years old) for all the years we have been married and more; their father has signed documents giving their mother full legal control of them. Our daughter is 3 months old and I think she is entiltled to British nationality because I am her father.

I have been working as a university lecturer in Thailand for over a year now, continuously. This is where I become a little unsure about the settlement visa application. I cannot show any UK bank transactions, although I do have over £8000 in the bank. We will be selling our car in Thailand too, so this would add another £4000 approximately. I don't have a job in the UK as I am still working in Thailand, and will be for the next two months, so I can't show a UK income. Also, I don't have a house in the UK, but my mother would be prepared to let us stay there initially till we get on our feet. She has a 3 bedroomed house with herself and my brother (aged 16) living there. I am not sure if that would be sufficient or not.

I would extremely appreciate any help anyone could give regarding this situation. If you need any more information, just let me know,

Thanks

AyJ

[vinny]

Be careful as your mother's 3 bedroomed house may not be adequate due to overcrowding.

Edited July 26, 2008 by vinny

[AyJ]

Thanks for the links vinny.

I have checked them out and I guess my mother's accomodation is out. The formula for overcrowding works as there will be a total of 5.5 people living in the house. The house has 3 bedrooms and a living room. This would hopefuly make the maximum number of people 7.5. Still, it's a bit close for comfort. Not sure what to do with the situation at all now.

Edited July 26, 2008 by AyJ

[roygsd]

I would sure like some help and opinions about my situation regarding a settlement visa.

I would like to move back to the UK with my family; myself (British), Thai wife, her 2 sons and our daughter. We have been married for 7 years now. My wife has been to the UK twice before on settlement visas, but we returned because of family problems. I have taken care of her 2 sons (14 and 9 years old) for all the years we have been married and more; their father has signed documents giving their mother full legal control of them. Our daughter is 3 months old and I think she is entiltled to British nationality because I am her father.

I have been working as a university lecturer in Thailand for over a year now, continuously. This is where I become a little unsure about the settlement visa application. I cannot show any UK bank transactions, although I do have over £8000 in the bank. We will be selling our car in Thailand too, so this would add another £4000 approximately. I don't have a job in the UK as I am still working in Thailand, and will be for the next two months, so I can't show a UK income. Also, I don't have a house in the UK, but my mother would be prepared to let us stay there initially till we get on our feet. She has a 3 bedroomed house with herself and my brother (aged 16) living there. I am not sure if that would be sufficient or not.

I would extremely appreciate any help anyone could give regarding this situation. If you need any more information, just let me know,

Thanks

AyJ

Hi,

As the scouser pointed out in a similar posting recently as long as any income you might recieve is at the level of or above that a person with the same circumstances as you hav eindicated that shold be sufficient income to satisfy the income bit of the application.

I think you savings and the car proceeds would be sufficent to cover the income requirement although the sale of the car is a bit vague so perhaps it might be a idea of providing details of this and any other assests you will be selling ( and if possible a written appraisal of their values from a reputable source ( if there ever was such a thing in LOS) to be incuded in your application would be prudent.

Dont really understand how you have £8k in a bank account but no bank records? IS this in a uk or thai based bank?

It would also be very helpful if you could get a letter confirming a job offer for yourself (better still one for the wife as well) from an employer in the uk to incude in your application.

Whilst I note that you say your mother is prepared to have your family to stay at her house for as long as it takes for you to get on your feet I feel that the fact that it is only a 3 bedroomed house and your mother and oyur brother have a room each already the authorities are very likely to consider the house will meet the legal definition of overcrowded if the 4 of you

were to move in.

If, as young lads often do, your 16 year old brother were to decide to go and move in with a mate before the application was submitted then I think it is reasonable for your two boys to share a room which should avoid this problem arising.

Once in the uk tax you should be eligible for tax credits and child benefit payments for the boys, in the event that your mother should require you and your family to move out ( domestic arrangements can be tense at times) then you pesonally would be eligible to claim Income Support /Housing Benefit and Council Tax.

I appreciate that your wife will have the "No recourse to Public funds" stamp in her passport but that does not prevent you from claiming these benefits, the fact is tha the benefit system is set up to include enhanced premiums for your wife and children and if you dont include them in your application they will refuse to process your application.

The bottom line is that the benefit legislation is at variance with the legislation regrding immigration to the uk, as a result the benefit departments have no choice but to follow the law that is applicable to them.

A win situation for people with a spouse who has entered under the spouse visa regulations who may at a later date find themselves in deminished circumstances for reasons that are not of their making.

I have posted some info on this subject here before however if you want to contact me for further please do.

Good Luck

Roy gsd

[AyJ]

I would sure like some help and opinions about my situation regarding a settlement visa.

I would like to move back to the UK with my family; myself (British), Thai wife, her 2 sons and our daughter. We have been married for 7 years now. My wife has been to the UK twice before on settlement visas, but we returned because of family problems. I have taken care of her 2 sons (14 and 9 years old) for all the years we have been married and more; their father has signed documents giving their mother full legal control of them. Our daughter is 3 months old and I think she is entiltled to British nationality because I am her father.

I have been working as a university lecturer in Thailand for over a year now, continuously. This is where I become a little unsure about the settlement visa application. I cannot show any UK bank transactions, although I do have over £8000 in the bank. We will be selling our car in Thailand too, so this would add another £4000 approximately. I don't have a job in the UK as I am still working in Thailand, and will be for the next two months, so I can't show a UK income. Also, I don't have a house in the UK, but my mother would be prepared to let us stay there initially till we get on our feet. She has a 3 bedroomed house with herself and my brother (aged 16) living there. I am not sure if that would be sufficient or not.

I would extremely appreciate any help anyone could give regarding this situation. If you need any more information, just let me know,

Thanks

AyJ

Hi,

As the scouser pointed out in a similar posting recently as long as any income you might recieve is at the level of or above that a person with the same circumstances as you hav eindicated that shold be sufficient income to satisfy the income bit of the application.

I think you savings and the car proceeds would be sufficent to cover the income requirement although the sale of the car is a bit vague so perhaps it might be a idea of providing details of this and any other assests you will be selling ( and if possible a written appraisal of their values from a reputable source ( if there ever was such a thing in LOS) to be incuded in your application would be prudent.

Dont really understand how you have £8k in a bank account but no bank records? IS this in a uk or thai based bank?

It would also be very helpful if you could get a letter confirming a job offer for yourself (better still one for the wife as well) from an employer in the uk to incude in your application.

Whilst I note that you say your mother is prepared to have your family to stay at her house for as long as it takes for you to get on your feet I feel that the fact that it is only a 3 bedroomed house and your mother and oyur brother have a room each already the authorities are very likely to consider the house will meet the legal definition of overcrowded if the 4 of you

were to move in.

If, as young lads often do, your 16 year old brother were to decide to go and move in with a mate before the application was submitted then I think it is reasonable for your two boys to share a room which should avoid this problem arising.

Once in the uk tax you should be eligible for tax credits and child benefit payments for the boys, in the event that your mother should require you and your family to move out ( domestic arrangements can be tense at times) then you pesonally would be eligible to claim Income Support /Housing Benefit and Council Tax.

I appreciate that your wife will have the "No recourse to Public funds" stamp in her passport but that does not prevent you from claiming these benefits, the fact is tha the benefit system is set up to include enhanced premiums for your wife and children and if you dont include them in your application they will refuse to process your application.

The bottom line is that the benefit legislation is at variance with the legislation regrding immigration to the uk, as a result the benefit departments have no choice but to follow the law that is applicable to them.

A win situation for people with a spouse who has entered under the spouse visa regulations who may at a later date find themselves in deminished circumstances for reasons that are not of their making.

I have posted some info on this subject here before however if you want to contact me for further please do.

Good Luck

Roy gsd

Hi Roy gsd

I wasn't so clear in my first post was I. Let me try to fill in the blanks. The 8k is in a UK bank. It has been there for well over a year now. I can provide records of this, but what I meant before is that there has been no recent transactions, hence no transaction records; for a long time anyway.

Could you explain alittle more about the benefits and the application. Does what your saying mean that if she does not say in her application that she will claim benefits for the kids, then if she comes to the uk and decides we need them, we cannot have them?

AyJ

[Mossfinn]

Could you explain alittle more about the benefits and the application. Does what your saying mean that if she does not say in her application that she will claim benefits for the kids, then if she comes to the uk and decides we need them, we cannot have them?

AyJ

Your partner will not be eligible for public funds, but you are, whether you need them or not.

There are certain qualification criterion regarding recourse to public funds and I am not sure regarding your stay outside of the UK and for what period.

Best to check.

[the scouser]

There are certain qualification criterion....

Qualifying criteria?

Anyway, with regard to maintenance, the criterion is to show that you have/will have adequate funds from your own resources to support the family unit. You do not need to have employment lined up for your arrival, but to demonstrate either that you will be able to easily find a job or that you have enogh dough in savings/property etc. If you are a proper lecturer in Thailand, then I would think you'll be able to find employment easily enough in the UK.

There is nothing wrong, per se, with your mother offering accommodation, but make sure, as Vinny commented, that the house is not construed to be overcrowded.

Scouse.

[AyJ]

Just to try to summarise this:

With regards to accomodation, if I got in contact with a leasing agent and arranged to rent a house, would that be sufficient?

Getting a job should not be a problem, but it's best to have a concrete offer to show them. right?

Are the funds that I have sufficient to show I can support my family without using puplic funds?

Thanks again

[the scouser]

Yes, by all means arrange a rental contract before you arrive in the UK and a firm job offer is better than none. You may present your savings as evidence of your ability to support yourselves until such a time as you start work.

Scouse.

[AyJ]

Thanks for all the help people,

Things seem a little bit clearer to me now.

AyJ

[Mossfinn]

There are certain qualification criterion....

Qualifying criteria?

I was referring to certain aspects of public funds, the one in particular I was thinking of was, although not explicit, free health care, he may have to prove residency before non-emergency help.

I believe that to be correct?

Moss