Isaraporn Posted March 3, 2009 Share Posted March 3, 2009 Hello all, I'm new here. I would like to apply for a UK Spouse visa. First of all, I have to give you all some informations about my case. I have previously visited the UK 3 times before. My first visit was with a 6 months visitor visa (Multiple), I stayed for 2 weeks. The second visit, I came on the same 6 month visa and I stayed until the visa expired. After that, for my 3rd visit I applied for a visitor visa again with my daughter and we got a second visitor visa (6 months). My daughter and I went England and while I stayed in England, I applied for Certificate of Approval for marriage from the Home office. And I got it and I married in November 2007. After being married for 1 week, I applied for a Settlement Visa to the Home Office and but was refused. So we returned to Thailand. My husband moved to live with me in Thailand with a Spouse Visa for 1 year. Now we plan to return to England. But now unfortunately my husband has no record of income for the past year while he is living in Thailand. We will have some amount of money from selling our house in Bangkok. We plan to arrange renting a house in England from here and use the rent document to show the Embassy about having a place to stay. Can we apply for a Settlement Visa / Spouse Visa ? We feel we meet most requirements suitably. It's only our financial documents that we are concerned about. Any advice on this matter will be greatly appreciated. Thank you very much for your help in advance. Regards, Isaraporn Link to comment Share on other sites More sharing options...
Boo Posted March 4, 2009 Share Posted March 4, 2009 Hi what reason were you given for the resfusal of a residency visa? Was it just cause you couldn't extend your tourist visa into a settlement visa? Link to comment Share on other sites More sharing options...
Isaraporn Posted March 4, 2009 Author Share Posted March 4, 2009 Hi Boo, The reason of refusal was I applied settlement visa while I was in England with visitor visa. The homeoffice said I must applied settlement in Bangkok,Thailand. Some people said my husband has to return to England and find job first. After that I can applied for settlement visa. But I'm worried about my husband age is 57 years old now. How and when he can find job and earn enough to support? Thank you very much for your help, Issa Link to comment Share on other sites More sharing options...
Merangue Posted March 4, 2009 Share Posted March 4, 2009 (edited) As i understand it you will need to be able to prove an income high enough in the UK to enable you to live without recourse to public funds. This would mean you ( if you have the visa and work permit) or your husband would need to have independent income or a confirmed job offer, which would enable you to provide shelter, food and clothing for yourselves without needing to claim any benefits. It may well be an option to look into whether he should return to the UK or at least apply from thailand for jobs. Can you advise what type of work he has done in the past? Whilst he is 57 he may have abilities or experience that is needed in some areas and is therefore relatively easy top find work even in the current financial situation. His age may not be a barrier and in some cases can be regarded as a positive aspect for an employer. However if he is in something like the building trade, he may find it hard to obtain a job from outside of the country which would mean he probably needs to consider moving back to the UK to find suitable work. Without knowing a lot more information than you probably want to give, it would be hard to advise properly. I am no expert in immigration in any way whatsoever. I am merely going by the details on the settlement visa process. Edited March 4, 2009 by Merangue Link to comment Share on other sites More sharing options...
Boo Posted March 4, 2009 Share Posted March 4, 2009 Plenty of people have gained a settlement visa without a job at the time of application, all you have to show is that you can live without recourse to public funds but including previous work & earning information will assist the eco is seeing that this will be possible. And it is only the applicant who has no recorse to public funds, your husband as a British Citizen will be entitled to job seekers, etc without it affecting your visa. Link to comment Share on other sites More sharing options...
paully Posted March 4, 2009 Share Posted March 4, 2009 (edited) The reason of refusal was I applied settlement visa while I was in England with visitor visa. The homeoffice said I must applied settlement in Bangkok,Thailand. And it was a correct refusal - the rules changed some years ago. Does your husband have any savings in the UK? Does he have any family who might be prepared to let you stay with them for a while after you return to the UK (you could therefore use your house proceeds to live off)? What was your husband's previous job - can he locate any possible UK job vacancies on the internet that he might be qualified for and print copies to show the British Embassy that he can find work? Edited March 4, 2009 by paully Link to comment Share on other sites More sharing options...
KronbergTH Posted March 4, 2009 Share Posted March 4, 2009 You and you husband need to stay together for at least four years - plus some other requirements - for applying for permanent stay. Otherwise you have to apply with your husband as supporter, but then he needs to stay in UK. Also you can apply for a "normal" visa for max 6 month, but here you have to show that you have enough money to support yourself. Then, after 6 month, try to apply for a marriage visa. Link to comment Share on other sites More sharing options...
7by7 Posted March 5, 2009 Share Posted March 5, 2009 Please ignore the above post, it is highly inaccurate! It is not possible to convert a visit visa to a settlement visa whilst in the UK, as you unfortunately found out to your cost. I am surprised you were not informed of this when you obtained your CoA. Neither do you need to have lived together for 4 years. As far as applying now, your husband does not necessarily need a job, as long as you can support yourselves from other sources; e.g. savings. Family and friends can offer support, but only for a limited period. They can, though, offer you rent free accommodation. See Chapter 9 - The maintenance and accommodation requirements Link to comment Share on other sites More sharing options...
Isaraporn Posted March 6, 2009 Author Share Posted March 6, 2009 Hello All, Thank you very much for your comments & advice. We greatly appreciate this. We were very surprised when we found we could marry under a tourist visa !! Seems at that time it was a very new & little known about change in the ruling. But .... unfortunately for us ( & more time & money wasted !), my COA did not say anything about NOT being able to apply for a settlement visa whilst being here on a tourist visa. So I had to leave the UK immediately as my visa had by this time now expired while we waited for the home office respnse to our application. Thankyou 7by7 for advising us that my husband does not necessarily need to show/prove employment/income history as we thought to be the case & that evidence of savings/funds can be sufficient to meet the visa requirements about financial evidence. We are ... naturally being very cautious that we may be refused again & lose much needed money (over 1,000 pounds sterling for my daughter & I to apply). Regards Issa & Rich Link to comment Share on other sites More sharing options...
KronbergTH Posted March 6, 2009 Share Posted March 6, 2009 Correct. Then, after 6 months, try to apply for a marriage visa. By that I mean go back to TH and apply. Link to comment Share on other sites More sharing options...
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