Uk Settlement Visa

[cowman1]

Hello,

I was wondering if anyone could help with a few questions I have regarding a visa for the UK.

Basically, my situation is that I have a baby and a Thai girlfriend (soon to be wife). I have been teaching in Thailand for a few years, and have decided to go back to the UK to do a 1-year PGCE course. Anyway, my question is - will I be able to take my wife and baby with me? I am concerned because basically I will be a student, so cannot show anything in the way of income (other than public loans / grants etc for the course). I will be qualified after a year, and hopefully get a teaching position soon after. My parents are also going to help with some costs. and are willing to act as sponsors if necessary.

Does this sound feasible? If not, are there any alternatives?

Thanks if anyone can help!

[Eff1n2ret]

Your topic is entitled "settlement visa", so I infer that your intended employment after you've finished your course will be in the UK.

Unfortunately, there was an appeal tribunal judgement back in 2007 which interpreted the rule about financial support for settlement applications very narrowly, stating that 3rd party support is not allowed. In that case the couple's supporters were a cousin and a daughter, and I am sure that the ECO would interpret the rules as excluding your parents from offering financial support (but it does not apply to accommodation).

Obviously there shouldn't be a problem over your child, who is presumably entitled to British citizenship. However, I don't see an easy route for your wife to come here - if she applied as a visitor she'd only get 6 months, and the ECO would probably take the view that she's unlikely to return.

You may have to accept separation for a year until you are in a position to support your wife yourself. - unless you are entitled to Irish or some other European nationality and could apply under EEA Treaty provisions?

[7by7]

If you were a Thai then your wife could come as a student dependent, but as you are British I don't think this is an option open to you. A visit visa is only for a maximum of 6 months, so I think a spouse settlement visa is your best option. You can always return to Thailand once your course has finished or if you wish you can remain in the UK and after she has been here for 2 years she can apply for permanent residence (Indefinite Leave to Remain).

You have presumably obtained a British passport for the child so s/he will not need a visa. (If you have not already done so, see How to register a birth.)

Unfortunately, there was an appeal tribunal judgement back in 2007 which interpreted the rule about financial support for settlement applications very narrowly, stating that 3rd party support is not allowed. In that case the couple's supporters were a cousin and a daughter, and I am sure that the ECO would interpret the rules as excluding your parents from offering financial support

From Chapter 9 - The maintenance and accommodation requirements, Para 9.7

Members of the couple’s families in the UK may offer to maintain the couple adequately until they can do so from their own resources. This is acceptable in the case of fiancé(e)s/proposed civil partners who are not permitted to work until the marriage/civil partnership. However, for spouses or civil partners, such an arrangement would not satisfy the Rules, which require the couple to maintain themselves. Nevertheless, it may be appropriate in certain circumstances to exercise discretion for a spouse or civil partner where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK.

(My emphasis)

In other words, they could, in your circumstances, accept financial support from your parents. You will also have student loans/grants to help and your parents offering rent free accommodation to you is definitely within the rules, as is your wife working. So, in my considered (albeit amateur) opinion you should be OK on this point.See also:-

Chapter 13 - Settlement : Fiance(e)s, proposed civil partners, spouses, civil partners, unmarried and same-sex partners

Guidance - Husbands, wives and partners (INF 4)

Requirement for Tuberculosis testing for applicants visiting the UK for longer than 6 months

For how/where to apply, fees etc. see UK Visa Application Centre in Bangkok

[Eff1n2ret]

"Nevertheless, it may be appropriate in certain circumstances to exercise discretion for a spouse or civil partner where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK."

It's almost inconceivable that the ECO will construe your parents paying the bills for a year as "shortly after the applicant's arrival". You could of course appeal, but by the time that goes through, even if you win, your studies may be almost over and you could be in a position to stand on your own feet.

It's probably the only application you can make, but a settlement visa is expensive, and whether you want to commit scarce funds to an application which has a slim chance of success, rather than face up to a year apart, is up to you.

Perhaps if you were able to manage a part-time job to bring in some extra dosh, and if your wife has some skill which indicates that she could easily get a job, or can show a job offer when she applies, you might just tip the balance.

[Eff1n2ret]

Further to the foregoing, an authoritative source has informed me that you may be in a better position than you (or I)think, because of the grants that are now on offer to prospective teachers. So keen are the powers that be to attract people to the profession that a "golden hello" of up to £10,000 may be available on commencement of training.

If this is so in your case, then you would meet the maintenance requirements of the rules. I am informed that applications in these circumstances have succeeded.

"Public funds" that you are entitled to in your own right irrespective of your domestic situation do not count against you in a settlement application. It's only public funds that would have to be claimed specifically by the presence of your wife that would count against her.

Edited February 28, 2009 by Eff1n2ret

[7by7]

It's almost inconceivable that the ECO will construe your parents paying the bills for a year as "shortly after the applicant's arrival".

It is perfectly possible that the ECO will use his/her discretion in this case to give this couple the benefit of the doubt. I gave my reasons for believing this in my previous post, as you now seem to agree with in your above post.

[Dont Panic]

I am also planning on moving back to the UK this year and therefore my wife will be applying for the settlement visa. I'm lucky in that my parents have two houses and one of those will be 'given' to us until we get on our feet. I do not have a job in the UK, but I will be looking for something ASAP.

Do you need a job offer in the UK before your wife would be considered for the visa?

cheers

[Jonson83]

I am also planning on moving back to the UK this year and therefore my wife will be applying for the settlement visa. I'm lucky in that my parents have two houses and one of those will be 'given' to us until we get on our feet. I do not have a job in the UK, but I will be looking for something ASAP.

Do you need a job offer in the UK before your wife would be considered for the visa?

cheers

My friend took his wife back last year,he'd only been married for 2 months,he didnt have that much cash(not to mention most of that was in his bank came from his family),was going back to live with his parents,did not have a job offer.. yet...he got the visa.No interview or anything either.

With that in mind,Eff1n2ret, could you please go into more detail on why you believe the OP has a poor chance of success?

btw,i too am hoping to apply for a settlement visa,i married my wife 6 months ago,weve been together for 2 years and have a lot of evidence to back this up.I will be staying with my parents.

Edited March 3, 2009 by Jonson83

[paully]

an authoritative source has informed me that you may be in a better position than you (or I)think, because of the grants that are now on offer to prospective teachers.

I am informed that applications in these circumstances have succeeded.

Absolutely, the OP should not panic yet. BTW, the bursary paid to PGCE students in the UK does not count as 'public funds' for immigration purposes.

[Eff1n2ret]

I am also planning on moving back to the UK this year and therefore my wife will be applying for the settlement visa. I'm lucky in that my parents have two houses and one of those will be 'given' to us until we get on our feet. I do not have a job in the UK, but I will be looking for something ASAP.

Do you need a job offer in the UK before your wife would be considered for the visa?

cheers

My friend took his wife back last year,he'd only been married for 2 months,he didnt have that much cash(not to mention most of that was in his bank came from his family),was going back to live with his parents,did not have a job offer.. yet...he got the visa.No interview or anything either.

With that in mind,Eff1n2ret, could you please go into more detail on why you believe the OP has a poor chance of success?

btw,i too am hoping to apply for a settlement visa,i married my wife 6 months ago,weve been together for 2 years and have a lot of evidence to back this up.I will be staying with my parents.

The OP posed the situation whereby he would have insufficient funds to support himself for a full year and would have to rely on handouts from his parents. The courts have said that the parties in a settlement visa application must be able to support themselves financially, and cannot rely on third party support. That's why I said he might have some difficulty. (If, however, as has been said subsequently, he is able to claim the grants available to prospective teachers (the PGCE bursary referred to by Paully) he should easily pass the threshold for financial support)

It is important in this context to draw a distinction between "support" and "accommodation". If you are able to show that the accommodation offered by your parents is adequate, your application will not be disadvantaged on this point. If you have a job offer or can show that you will be seeking work when you arrive and have a good chance of getting a job then short-term support from your parents should not be a bar to granting the visa.

I hope this is of assistance.

[Jonson83]

I am also planning on moving back to the UK this year and therefore my wife will be applying for the settlement visa. I'm lucky in that my parents have two houses and one of those will be 'given' to us until we get on our feet. I do not have a job in the UK, but I will be looking for something ASAP.

Do you need a job offer in the UK before your wife would be considered for the visa?

cheers

My friend took his wife back last year,he'd only been married for 2 months,he didnt have that much cash(not to mention most of that was in his bank came from his family),was going back to live with his parents,did not have a job offer.. yet...he got the visa.No interview or anything either.

With that in mind,Eff1n2ret, could you please go into more detail on why you believe the OP has a poor chance of success?

btw,i too am hoping to apply for a settlement visa,i married my wife 6 months ago,weve been together for 2 years and have a lot of evidence to back this up.I will be staying with my parents.

The OP posed the situation whereby he would have insufficient funds to support himself for a full year and would have to rely on handouts from his parents. The courts have said that the parties in a settlement visa application must be able to support themselves financially, and cannot rely on third party support. That's why I said he might have some difficulty. (If, however, as has been said subsequently, he is able to claim the grants available to prospective teachers (the PGCE bursary referred to by Paully) he should easily pass the threshold for financial support)

It is important in this context to draw a distinction between "support" and "accommodation". If you are able to show that the accommodation offered by your parents is adequate, your application will not be disadvantaged on this point. If you have a job offer or can show that you will be seeking work when you arrive and have a good chance of getting a job then short-term support from your parents should not be a bar to granting the visa.

I hope this is of assistance.

Excellent,thank you