Does My Wife Qualify For Settlement?

[Dont Panic]

The settlement visa is not cheap and I understand if you do not meet the criteria, the money is not refunded. I am concerned that my wife’s application will not be successful.

We have been living together in Bangkok since we got married in 2005. We have two daughters, both of which have Thai and British passports. We have visited the UK as a family four times already. The problem is that in a month I will be made redundant from my job in Bangkok. I do not have anything lined up as yet. I am the breadwinner and so my wife is at home taking care of the kids. We would like to settle in the UK but neither of us have job and I don’t own a house. My parents have welcomed us until we get on our feet and they own a 4 bedroom house plus a combined income of over 100K per year. Do you think that with their financial backing she would get the visa? I’m unsure…..

cheers

[nigelandjan]

The settlement visa is not cheap and I understand if you do not meet the criteria, the money is not refunded. I am concerned that my wife's application will not be successful.

We have been living together in Bangkok since we got married in 2005. We have two daughters, both of which have Thai and British passports. We have visited the UK as a family four times already. The problem is that in a month I will be made redundant from my job in Bangkok. I do not have anything lined up as yet. I am the breadwinner and so my wife is at home taking care of the kids. We would like to settle in the UK but neither of us have job and I don't own a house. My parents have welcomed us until we get on our feet and they own a 4 bedroom house plus a combined income of over 100K per year. Do you think that with their financial backing she would get the visa? I'm unsure…..

cheers

Its a difficult one for sure ,,,,,,, as you have nothing to loose by leaving BKK and your long term intentions are to live in the Uk ( good idea to ) personally I would think your best options are to choose a vistor vsa for your missus , which she will get no probs then while you are here get yourself back in work ,, get parents to salt away at least 15 grand in your bank acount ,, not sure if they can look after your kids but after 6 months and the missus goes back to BKK to apply for her spouse settlement visa ,, you will then be employed and have money in bank to look after your family for 1 year. This way ofcourse means 2 lots of airfares and still lots of luck.

Or have a stab at it now and just mabe loose £600 .

Good luck mate welcome home soon

[Mossfinn]

Don't Panic, I have included a previous thread Here, which you have contributed to, I interpret that as short term financial help from your parents may well be accepted, but it is a grey area for me and I am not entirely sure.

The accommodation side should be fine, although I urge caution regarding 'salting' away 15K from your parents, the immigration guys will smell a rat and it will give them reason to refuse.

Good Luck

Moss

[Dont Panic]

Thanks for the response guys……your words are encouraging. I think we will just go for it with what we have now. Of course this will mean gathering together lots of paper work from the UK.

Question about supporting documents…….how are we supposed to prove that;

We will both be travelling to the UK

That we have been living together for the past 5 years and therefore in a ‘genuine’ marriage.

Also I’m confused about who the sponsor should be when filling out the form. It states on the form that the sponsor should be the spouse of the person applying. However my dad owns (outright) the house we’ll be living in and he’s the one with all the money……confused

Is there anybody at the embassy that is willing to answer these questions, because most people I’ve dealt with there have helped me as little as possible.....

cheers

[Boo]

This was a while ago but here goes....

You are in a stable & long term relationship with 2 kids & your wife has prior visit visa tot he UK. On this front you will, imo, have no issue getting her a settlement visa

Your parents offering support & accom is also acceptable, you are the sponser but you get a letter of invite from your parents (my mum did this & had the plans to her house notorised by her solicitor to prove accuracy of rooms etc to satisfy the accomodation requirements) also include that they have loads of dosh & are happy to support you for as long as you need.

The only stumbling block imo is how you are able to support her & the kids once you are there. When I applied for Mr boo I put copies of my last p60's that I had (3 years worth) to prove what my prior earning capacity was & also had a few emails printed out from recruitment consultants in my field (banking) stating what kind of salary I could expect & what the job prospects were (not so easy to do now due to credit crunch but still an idea) add any qualificatiosn you have to strengthen your point.

I also wrote a covering letter & clearly laid out what our intentions were & how we planned to settle in the Uk. I explained the offer of support & accom from my mum (backed up with her own hand written letter of support & house plans , bank statements etc) & we received the visa within a few days.

This was 5 years ago but the process as I have read on thaivisa has not changed in terms of supporting documents or requirements.

IMO you have a very good chance to get her settlement visa so long as you lay out the proof & supporting documents clearly & give them everything they might need & more. Applying for & paying out for a tourist visa, having to pay out for return flights, upsetting the kids routines by going back & forward & then having to pay out for a settlement visa, hotels in bkk, food etc after 6 months is a long winded & unnessecary expense/hassle imo.

Good luck.

[7by7]

Question about supporting documents…….how are we supposed to prove that;

We will both be travelling to the UK

That we have been living together for the past 5 years and therefore in a 'genuine' marriage.

You don't need to prove that you will be travelling to the UK; that is taken as read otherwise she would not want a visa.

Your marriage certificate and the birth certificates of your children should show the relationship. You may want to include a few letters, bills etc. addressed to each of you to substantiate your living together.

See also:-

Chapter 9 - The maintenance and accommodation requirements

9.7 - Assessing adequate means of maintenance for fiancé(e)s and spouses or civil partners

If the applicant and/or sponsor has skills or qualifications which offer a reasonable chance of obtaining employment or already has employment arranged, that should be viewed as sufficient to meet the maintenance requirement without having to make further enquiries.

You should be satisfied that job offers are genuine and the work likely to last for the foreseeable future.

Factors such as the unemployment situation in the area in which the couple intend to settle may be taken into account. High unemployment in a particular area or amongst a certain age group with particular skills (or lack of them) is not in itself sufficient to show that the requirement has not been met. It would be relevant if the couple’s plans were not realistic or if they did not have any skills or qualifications.

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.

The following list, which is not comprehensive, is intended as a guide to the factors which may need to be considered when assessing means of maintenance:

the applicant’s past and current employment;

the applicant’s educational qualifications and any other skills or qualifications which the applicant has that could be of assistance in getting started in the UK;

the sponsor’s current or proposed employment;

any plans the applicant has for employment in the UK;

any arrangements which have been made, or could be made, by the sponsor, any other relatives, friends or contacts in the UK in connection with the plans for employment;

any support which will be forthcoming from others.

Edited March 13, 2009 by 7by7

[paully]

I do not have anything lined up as yet. I am the breadwinner and so my wife is at home taking care of the kids. We would like to settle in the UK but neither of us have job and I don’t own a house. My parents have welcomed us until we get on our feet and they own a 4 bedroom house plus a combined income of over 100K per year. Do you think that with their financial backing she would get the visa?

Your wife should be okay.

What would help is if you can download and print off examples of work that you can do in the UK, ie: job adverts for positions that you are qualified for, including salaries. Then link these to your application: in the relevant box state that these are the kind of jobs that you are able and keen to do on return to the UK.

[Dont Panic]

Thanks for the advice….really appreciated. As I understand it you can get the embassy to postdate the visa for up to 3 mths? If so I’ll be applying after Songkran…..watch this space!

[Tango7]

Thanks for the advice….really appreciated. As I understand it you can get the embassy to postdate the visa for up to 3 mths? If so I’ll be applying after Songkran…..watch this space!

I'm in a very similar situation but be careful about the sponsorship from parents as it is no longer acceptable that they offer sponsorship from their finances.

You need to show your own finances and all your parents can do is offer accommodation and provide a letter welcoming you and wife etc to stay there. They have to show they own / rent it and show size of house is ample for you and your family to live there too.

Show your past employment history, qualifications and intentions of how you will look after yourself and family. You only need to show your plans and intentions and make these plans realistic.

As on eposter stated, your parents shouldn't just throw money into your account. You need to show it's yours.

Here's info I got from a lawyer in UK who specialises in this kind of thing:....

In order for your wife to be granted a visa to live in this country, you will need to show that the Entry Officer (ECO) you have sufficient means to support you and her without being dependent on the state. This involves 2 parts – accommodation and living expenses.

Accommodation – the ECO will apparently accept an offer that you will live with your parents, so long as you will both have free access to the house. No doubt there will need to be good evidence of this .

Living expenses – the difficult bit! It is usually judged that for two people to live in this country, you will need an income of £12,000 to £15,000. This is done in primarily in 3 ways - 1) for you to obtain a job, 2) for you to have sufficient savings (probably in the region of £30,000 to £50,000) to support you both or 3) for you to receive an advance on an inheritance (although this is untested) – say £1,000 to 1,500 per month needs to be the minimum. This will need to be drawn up in a legally enforceable way in order for the ECO to be satisfied that it is not a loan.

The Court of Appeal has decided recently that third parties, such as your parents, are no longer able to act as financial guarantees.

I'm still waiting for my own settlement visa application to come back.... very stressful as I've also been here for 6 years and been with my wife almost every day of those 6 years. To be separated now would be a stressful time for us both.

[7by7]

I'm in a very similar situation but be careful about the sponsorship from parents as it is no longer acceptable that they offer sponsorship from their finances

Not right, ECOs have discretion on this point.

Chapter 9 - The maintenance and accommodation requirements

9.7 - Assessing adequate means of maintenance for fiancé(e)s and spouses or civil partners

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)

[Tango7]

I'm in a very similar situation but be careful about the sponsorship from parents as it is no longer acceptable that they offer sponsorship from their finances

Not right, ECOs have discretion on this point.

Chapter 9 - The maintenance and accommodation requirements

9.7 - Assessing adequate means of maintenance for fiancé(e)s and spouses or civil partners

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)

Interesting..... thanks for the info.

[Tango7]

I'm in a very similar situation but be careful about the sponsorship from parents as it is no longer acceptable that they offer sponsorship from their finances

Not right, ECOs have discretion on this point.

Chapter 9 - The maintenance and accommodation requirements

9.7 - Assessing adequate means of maintenance for fiancé(e)s and spouses or civil partners

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)

I have just spoken to my solicitor about this asI was concerned he'd missed it but he wrote back saying that although the issue of discretion is there. it's rarely used and could raise more concerns about whether you can or intendto support yourself, so the advice seems to be "assume that clause is not there and don't rely on it or assume they will consider it".

It's safer to follow the route that is most likely to get you success rather than throwing caution to the wind and hoping the ECO is in a good and sympathetic mood.

Anyway, I'm just repeating my solicitors words. I'm no expert and am panicking like most other applicants...

[paully]

^ Not wishing to disagree with your solicitor, but the discretion is in the Immigration Rules and the request to exercise discretion can therefore be specifically requested on the application form by the applicant. The discretion seems to be designed (from its wording) to cover similar positions to the OP and his wife: ie where the main sponsor has not got an immediate job in the UK (because he has been living abroad) but is likely to have one in the near future.

Clearly, in most settlement applications, the sponsor has a job and/or savings of his own in the UK and the exercise of discretion will not be necessary or appropriate.

Edited March 25, 2009 by paully

[7by7]

Agree completely, Paully.

Tango7, with respect to your solicitor, is he an immigration specialist or a general practitioner? If the latter then, again with respect, he may not be as fully up to speed on this as a specialist should be.

I know, both personally and from forums such as this one, of many cases where discretion on this matter has been exercised by the ECO in the applicant's favour.

[garythompson]

hi my thai girlfriend and i are getting planing on getting married in the uk next month and i was wondering if anyone could help us with a few things? weve been together for over 2 years between thailand and here. we have an interview with the british embassy in bkk on the 28th of this month, we have all the docs to prove weve been together for this time but the problem is that i dont have any money in the bank right now because ive just paid the deposit on our place to live and paid for my flights and stuff for next week. i do have a full time job earning about £18000 a year and i have all the proof of that. will that be good enought to prove i can support her till shes working to? also is there any other proceses we need to go through before the inteview? she goes for the tb test next week is there any other things like that we need to do before we go and get asked for at the embassy? we would be very gratefull if anyone could give us some advice on this matter.

Edited April 16, 2009 by garythompson

[mariner29]

hi my thai girlfriend and i are getting planing on getting married in the uk next month and i was wondering if anyone could help us with a few things? weve been together for over 2 years between thailand and here. we have an interview with the british embassy in bkk on the 28th of this month, we have all the docs to prove weve been together for this time but the problem is that i dont have any money in the bank right now because ive just paid the deposit on our place to live and paid for my flights and stuff for next week. i do have a full time job earning about £18000 a year and i have all the proof of that. will that be good enought to prove i can support her till shes working to? also is there any other proceses we need to go through before the inteview? she goes for the tb test next week is there any other things like that we need to do before we go and get asked for at the embassy? we would be very gratefull if anyone could give us some advice on this matter.

I'm surprised they did not refuse you without a valid TB certificate included with the application ?

As long as you can maintain and accommodate her in the UK without recourse to any public funds you should be OK. All this is subject to your partner demonstrating to the ECO at the interview that you are a genuine couple etc. And remember third party support is a short term measure should family help you.

[garythompson]

hi my thai girlfriend and i are getting planing on getting married in the uk next month and i was wondering if anyone could help us with a few things? weve been together for over 2 years between thailand and here. we have an interview with the british embassy in bkk on the 28th of this month, we have all the docs to prove weve been together for this time but the problem is that i dont have any money in the bank right now because ive just paid the deposit on our place to live and paid for my flights and stuff for next week. i do have a full time job earning about £18000 a year and i have all the proof of that. will that be good enought to prove i can support her till shes working to? also is there any other proceses we need to go through before the inteview? she goes for the tb test next week is there any other things like that we need to do before we go and get asked for at the embassy? we would be very gratefull if anyone could give us some advice on this matter.

I'm surprised they did not refuse you without a valid TB certificate included with the application ?

As long as you can maintain and accommodate her in the UK without recourse to any public funds you should be OK. All this is subject to your partner demonstrating to the ECO at the interview that you are a genuine couple etc. And remember third party support is a short term measure should family help you.

also could someone please tell me how the interview works? do we get interviewed together or seperatley? we just are not sure and would like to know before we get there so there is no surprises. thanks.

[Merangue]

hi my thai girlfriend and i are getting planing on getting married in the uk next month and i was wondering if anyone could help us with a few things? weve been together for over 2 years between thailand and here. we have an interview with the british embassy in bkk on the 28th of this month, we have all the docs to prove weve been together for this time but the problem is that i dont have any money in the bank right now because ive just paid the deposit on our place to live and paid for my flights and stuff for next week. i do have a full time job earning about £18000 a year and i have all the proof of that. will that be good enought to prove i can support her till shes working to? also is there any other proceses we need to go through before the inteview? she goes for the tb test next week is there any other things like that we need to do before we go and get asked for at the embassy? we would be very gratefull if anyone could give us some advice on this matter.

I'm surprised they did not refuse you without a valid TB certificate included with the application ?

As long as you can maintain and accommodate her in the UK without recourse to any public funds you should be OK. All this is subject to your partner demonstrating to the ECO at the interview that you are a genuine couple etc. And remember third party support is a short term measure should family help you.

also could someone please tell me how the interview works? do we get interviewed together or seperatley? we just are not sure and would like to know before we get there so there is no surprises. thanks.

I believe the interview is for her only. You are not able to accompany her.