Going Home To The Uk

[naomisri]

My husband is Thai and we have one 2 1/2 year old daughter. For one reason or another, we have to move home to the UK and we need to go very quickly, basically in the next 5 months. Is this possible, what it the best way? Do we apply for a settlement visa, and is it possible to process it within 5 months? We have property here that we hope to sell and so will have some money behind us. I also have a job to go to, but I am not sure about the salary that I will receive. My husband is a Resident Manager here with over 160 staff, but his English is passable, not wonderful. What do we need to be able to swing the process in our favour? Should we ask for help from friends to sponsor him, or will that be complicating things? We've been married 5 years in February.

Thanks in advance for any help. This has come as quite a shock to me, as I was thinking Thailand was our home and we were settled here.

[vinny]

If you are British, then he may apply for a spouse visa. He may ask for it to be post-dated for up to three months if you do not plan to travel immediately. State how long you have been married and living together outside the UK during that time, to get the correct entry clearance endorsement.

See also Frequently asked questions (FAQs) > How long does an application take to process?

Third party accommodation support is acceptable. However, third party maintenance support is not permitted.

Edited November 2, 2008 by vinny

[naomisri]

Thanks Vinny. I have had a look at the info already. We should have around £25,000 in the bank by the time we leave, but my thoughts are more how to present things. If we have this lump sum, do we need to have a job for him to go to? Is it possible for us both to go over together? If I absolutely have to go over and work for a while first (very difficult with my daughter) how long will I have to work for? Do we have to show that we draw on the £25,000? If so for how long? When I read the guidance on means it talked about not just having a lump sum sitting in the bank. This is all dependent on selling the property that we do have...

My husband obviously won't be able to work in the same job as before, so we have to look at what he will be doing when we are over there. We have to leave by March and we will be there till at least the end of 2010.

Does the procedure differ because we have lived together for 6 years in Thailand? I couldn't find any threads on moving over together without one partner going first.

The job is working in a new post with family. Does that look suspicious?

Any info that you can give me above and beyond what it in the guidelines or Rob's guide would be great. I really appreciate this, it's quite a difficult situation and has come about very suddenly.

If you are British, then he may apply for a spouse visa. He may ask for it to be post-dated for up to three months if you do not plan to travel immediately. State how long you have been married and living together outside the UK during that time, to get the correct entry clearance endorsement.

See also Frequently asked questions (FAQs) > How long does an application take to process?

Third party accommodation support is acceptable. However, third party maintenance support is not permitted.

[mariner29]

Vinny has covered everything just about, your partner may work once he arrives in the UK. Have you any family you can stay with until you find a property to rent ?

[Boo]

You only need to show that you have a real relationship & that you will be able to live in the UK without claiming state funds but it helps to pad out in shady areas of the application. You don't need a job to go to just to show that you can get a job quickly & that you have somewhere to stay even if not your own place.

Also make sure your paperwork is extensive & well ordered, they may not even look at it but it is better IMO to have it included than to have the application stalled or refused due to not including something.

Do you know where you will be staying when you arrive?

If yes, get that person to write a letter outlining that they are happy for you to stay with them for as long as you need & that they have sufficient room to house you.

If it is one of your parents then throwing in that they will help you out financially if you need it wont hurt the application either imo as it shows that even though you have a plan, there is back up.

Outline that you have xyz savings (they will want to see proof in the form of bank statements) also write a covering letter outlining how long you have know each other, where you met etc , a basic relationship profile.

Include photos, proof of your relationship like bills in both your names or bills in either names but for the same address, your child's birth certificate & passport (cause that's a pretty good proof of relationship ) also say why you are returning to the UK, but I wouldn't put that you plan to leave end of 2010 as RV is supposed to be for people who plan to settle in the UK long term, also plans have a way of changing so you may plan to return then but if life gets int he way then you may end up staying longer.

Include in the letter your husbands qualifications & job experience but state that he is prepared to work any job to contribute & maybe mention that learning better English is in his plans too. (this is what we did, my husband had no job skills as he had been self employed since leaving school in music & art so we just said he wanted to work & didn't care what he did,& the ECO seemed to like that answer.)

About your job, get the family member to write a job offer letter on company paper, you should include the proposed salary or if not sure then just give an approximation.

Ask friends & family in the UK who have met him or visited you in thailand to write letters attesting to your relationship, it is further proof of proof of relationship too.

He may be able to apply straight away for ILR rather than the SV as you have a provable relationship over a certain number of years but I think now that the Life in the UK test is an ILR requirement that he would have to pass that first & that can only be done in the UK. Catch 22!!!. Worth asking at the Embassy though.

I would say if you need to get this done within the next 5 months then apply now as waiting times are around the 3-6 month mark at the moment. Good luck & feel free to ask me anything about living in the UK with a thai husband, we have been here 4 1/2 years.

[Macclad]

I think if you are married it is far easier to get a visa for the UK and the fact that you have been married for 5 years already is a big plus point.

If you have friends or family who say they can accomodate you till you get your own place that would help.

In 2005 I applied for a settlement visa for my wife at the end of May and she was interviewed and granted a two year visa by mid July so time shouldnt be a problem.

If your husband can only speak passable english its difficult to see him getting a management post like in Thailand.

But maybe something like the catering trade ? My wife spoke not bad english and got a breakfast waitress job at the Holiday Inn and a job at a local Thai restaurant.If your husband is quite clever he might get to be the manager of a local Thai restaurant given time.

Not mega bucks,I know, but something to supplement the salary from your own job.....just a thought.

[naomisri]

My husband's English is pretty good, it's just self taught and so full of bad habits, we both speak both English and Thai as does our daughter. He has International Spa certification from the Thai Government, but I'm not sure what he will be interested in doing when he gets there, I know it will likely be less authority than here! I have some respected people to ask as witnesses from back home, a few that have been here to visit us ao we have photos together and such, and my husband was childhood friends with a lot of the Local Government officials here so we shall be okay as far as respectable witnesses go. I guess too much proof is not an issue. I am just unsure looking at the documentation what it is like to apply for both of you to go together. Boo, was that your experience?

Thanks for all the input so far. Also anyone take their pets with them when moving to the UK? We have 3 cats and a dog to think about.

Oh, and also we have had three visitors visas before, twice just for the two of us, and once when our daughter was 6 months, he only had to interview for the first if I remember correctly. He also has a son from a previous relationship, they weren't married on paper, but he will stay here with his aunt as high school as that's where he is now, and we see no reason to pull him out of school when his English isn't good enough for him to attend in the UK. It would be nice to think that he can continue his studies in a few years at a University in the UK though. Not that I will necessarily say that on the documentation. He studies English and French so by that time he should know enough to get by at a UK Uni.

I think if you are married it is far easier to get a visa for the UK and the fact that you have been married for 5 years already is a big plus point.

If you have friends or family who say they can accomodate you till you get your own place that would help.

In 2005 I applied for a settlement visa for my wife at the end of May and she was interviewed and granted a two year visa by mid July so time shouldnt be a problem.

If your husband can only speak passable english its difficult to see him getting a management post like in Thailand.

But maybe something like the catering trade ? My wife spoke not bad english and got a breakfast waitress job at the Holiday Inn and a job at a local Thai restaurant.If your husband is quite clever he might get to be the manager of a local Thai restaurant given time.

Not mega bucks,I know, but something to supplement the salary from your own job.....just a thought.

Edited November 2, 2008 by naomisri

[Boo]

I bought my husband a 1 hr thai massage for his birthday this year from a UK women who trained at a thai massage school here in London, it cost me 40 quid & he said it was ok but not Thailand good so that's a job avenue to explore

Going together really shouldn't be a problem for getting the visa, just put in the cover letter the time frame you need & the reason why i.e. your pending job & that you hve to go aSa unit as you will need your husband to take care of your daughter. As long as you can show you wont be homeless on arrival & that you will be able to support yourselves whilst getting work then I cant see there will be any questions.

We both arrived with a suitcase each & within 1 week I had work & by week 3 he was signed up on an English course & we had our own flat so it is possible, makes things a bit more difficult with a small child but not that much, at least your husband will be able to do the child care whilst you get started with work & you look at other childcare options of which there are many.

[Mossfinn]

. Also anyone take their pets with them when moving to the UK? We have 3 cats and a dog to think about.

Oh, and also we have had three visitors visas before, twice just for the two of us, and once when our daughter was 6 months,

Bringing Pets into the U.K

If the previous visa's were complied with, this will help your application.

Good Luck

Moss

[Boo]

Just seen the bit about 3 visit visas, imo I think this will be a straightforward application & approval. The relationship is already known to the embassy, you have money & a job to go to & as long as you can show you have a place to stay then that is all bases covered. This is just my opinion though but you meet all criteria so.....

The pets, well I don't know, I left my 2 dogs with my MIL with the plan to bring them over once we were settled & had more money but they were poisoned by the local tessabaan putting spiked meat in bins within a year (mil never kept them in the yard even though we asked her to! ) but it is quite expensive & time consuming & they have to spend 6 months quarantine once they reach the UK which costs a lot too, check out the pets section for more info on that.

Your husbands son, just add a note to the cover letter letting them know that he is with his aunt (maybe get her to write something too saying she is ok to look after him) but that your husband will still have full control over his upbringing, this part is really important if you were to want to bring him to the UK at a later date on his own SV.

[7by7]

The replies above cover all the aspects of your husbands initial application, and from what you have said I think it should be processed quickly and be successful. Waiting times for an interview are around 3 months, but straightforward applications such as yours are processed without the need for one. In which case the visa should be issued within 5 to 10 working days. However, this will only happen if the application and supporting documents are complete, so be thorough!

As he is coming to the UK to live he will need a TB certificate

The visa, when issued, will be valid for 27 months. To apply for Indefinite Leave to Remain in the UK he will need to have been resident for 24 months. If he has not fulfilled this residency requirement when the initial visa expires he will have to pay for an expensive extension (currently £395!). Plan your travel accordingly.

To obtain ILR he will have to demonstrate his English ability and knowledge of life in the UK. He can do this either by progressing from one level to the next on an ESOL with citizenship course or by passing Life in the UK test. If his English is good enough, and from you have said it probably is, then the LitUK test is the quicker and cheaper route.

Presumably your daughter has joint Thai and British nationality and a British passport so she will, of course, not need a visa.

We have to leave by March and we will be there till at least the end of 2010.

May I make a suggestion.

While qualifying for ILR he is, of course, allowed out of the UK for holidays etc. However, if he leaves the UK before he has ILR and his spouse visa expires while he is out of the UK then should he wish to return he would need to apply for the appropriate visa.

ILR is an indefinite visa, not a permanent one. Once he has it if he were to no longer reside in the UK then it could lapse; especially if he spent more than 2 years out of the UK. Should his ILR lapse and he wished to return to the UK, even for a visit, then he would need to apply for the appropriate visa.

However, once he has ILR and has been resident in the UK for 3 years then as the spouse of a British citizen he could apply for British citizenship. Once he has this he can leave and re-enter the UK as often and for as long as he likes, the same as any other British citizen. As I am sure you know, both the UK and Thailand allow dual nationality, so doing this wont affect his Thai citizenship in anyway.

So, I suggest that you both remain resident in the UK until he has British citizenship.

Edited November 2, 2008 by 7by7

[naomisri]

Thanks for all of the positive words. It's very encouraging! I am sure there will be something else that comes up to ask, but thanks for all of your help for now!

[vinny]

We've been married 5 years in February.

13.5 - Spouses/civil partners and how they qualify:

For the applicant to qualify for indefinite leave to enter (Rules Paragraph 281 ( b )), you must also be satisfied that:

* the couple has been married/in a civil partnership for over four years and living together outside the UK during that time;

* the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application (see Paragraph 13.15)

Guidance on how to assess the above qualifications is given in the remainder of this chapter except for that on maintenance and accommodation which is given in Chapter 9.

13.16 - Entry clearance endorsements:

Where an applicant has satisfied all of the requirements for ILE, except the KOL requirement, they should be granted two years leave to enter. During this time they can, at any point, satisfy the KOL requirement and then apply for indefinite leave to remain in the UK. The following endorsement should be used:

D: SETTLEMENT: SPOUSE/CP (KOL REQ): 27 months: Code 1

Edited November 2, 2008 by vinny