Uk Settlement Visa For Thai Wife Married To Unemployed Student Teacher?

[neilo]

I've lived in Thailand for 4 years. Been living with my fiance for 3. We've built up lots of documents and photos and all that over the years to prove our relationship knowing that we may one day decide to live in the UK.

We're getting married in December, in Phuket. In a year or two I plan to go back to the UK for a few years to do some teacher training.

I'd like to take my wife with me. We might even have kids by then.

Will it be possible to get her a settlement visa to come and live with me during this time?

Is it likely to be denied because I'll essentially be unemployed? I am guaranteed a job in a Scottish school after my 10 month post grad. teaching course is done.

Thanks in advance for any help you can give, couldn't find any clear stuff on this using the search function.

[paully]

I am guaranteed a job in a Scottish school after my 10 month post grad. teaching course is done.

If you highlight this bit in your wife's settlement application and get the other paperwork straight, she should be okay. Remember that the bursary payable to PGCE students (in England at least - is it the same in Scotland?) does not count as 'public funds' - another important point to emphasise in her application.

Edited September 10, 2009 by paully

[neilo]

I am guaranteed a job in a Scottish school after my 10 month post grad. teaching course is done.

Remember that the bursary payable to PGCE students (in England at least - is it the same in Scotland?) does not count as 'public funds' - another important point to emphasise in her application.

Thanks for your quick reply paully!

How much do you think we'd have to show we have to support ourselves?

I own a flat in Scotland. But we wouldn't have much savings. Maybe three or four thousand pound or so between us. Would that be enough? I could sell the flat if its cash they'd like to see.

I'm not sure what additional funding I'll get just yet but I'd imagine it's similar to in England. I do know that the course itself will be funded.

Thanks again!

Edited September 10, 2009 by neilo

[7by7]

The basic rule is that you must be able to support yourselves without your wife claiming any public funds. You are allowed to claim whatever public funds you are entitled to in your own right, as long as you do not claim any extra because of your wife being here.

As for 'How much is enough?' there is no set minimum figure, it all depends upon your circumstances.

See Maintenance and accommodation

[neilo]

The basic rule is that you must be able to support yourselves without your wife claiming any public funds. You are allowed to claim whatever public funds you are entitled to in your own right, as long as you do not claim any extra because of your wife being here.

As for 'How much is enough?' there is no set minimum figure, it all depends upon your circumstances.

See Maintenance and accommodation

Thanks 7by7.

I've emailed the SAAS and the uni about the funding I'll be entitled to. I'd imagine that if I have a wife and perhaps a child with me I'll be entitled to more than if I was single. Would this count as claiming 'extra' because of my Thai wife being here?

[7by7]

This leaflet may help, as may this UKBA page.

As you can see, it is only certain public funds that are proscribed, and I'm not sure if the funding you will receive for support during your course is or not; I have a feeling that it isn't, but I'm not sure. Even if it is, you can still receive the same as a single person. Plus, of course, any child you have with her will also be British and so not banned from public funds.

[Bukseeda]

The basic rule is that you must be able to support yourselves without your wife claiming any public funds. You are allowed to claim whatever public funds you are entitled to in your own right, as long as you do not claim any extra because of your wife being here.

As for 'How much is enough?' there is no set minimum figure, it all depends upon your circumstances.

See Maintenance and accommodation

Thanks 7by7.

I've emailed the SAAS and the uni about the funding I'll be entitled to. I'd imagine that if I have a wife and perhaps a child with me I'll be entitled to more than if I was single. Would this count as claiming 'extra' because of my Thai wife being here?

I'm no expert so what i'm saying is what i THINK might be the case - you need to check. But, as I understand it, if you have lived out of the UK/EU for a certain period of time, you will no longer qualify as a "home" student and will have to pay fees as per a foreign/non-EU student. Again, I may be wrong, but I think it's possible you may not qualify for other support for the same reason.

Just found this:

UK Residents

To qualify for 'Home' fee status a person must fulfil all of the following criteria:

* you must be settled in the UK on the ' on the first day of the first academic year of the first year of the course'

* you must also have been ordinarily resident in the UK and Islands (the Islands means the Channel Islands and the Isle of Man) for the full 3-year period before the ' on the first day of the first academic year of the first year of the course'.

* the main purpose of your residence in the UK and Islands must not have been to receive full-time education during any part of that 3-year period.

Also see: http://www.student-support-saas.gov.uk/stu...eligibility.htm

Edited September 11, 2009 by Bukseeda

[neilo]

This leaflet may help, as may this UKBA page.

As you can see, it is only certain public funds that are proscribed, and I'm not sure if the funding you will receive for support during your course is or not; I have a feeling that it isn't, but I'm not sure. Even if it is, you can still receive the same as a single person. Plus, of course, any child you have with her will also be British and so not banned from public funds.

Thanks for those links 7by7. That's a great help.

Just found this:

UK Residents

To qualify for 'Home' fee status a person must fulfil all of the following criteria:

* you must be settled in the UK on the ' on the first day of the first academic year of the first year of the course'

* you must also have been ordinarily resident in the UK and Islands (the Islands means the Channel Islands and the Isle of Man) for the full 3-year period before the ' on the first day of the first academic year of the first year of the course'.

* the main purpose of your residence in the UK and Islands must not have been to receive full-time education during any part of that 3-year period.

Also see: http://www.student-support-saas.gov.uk/stu...eligibility.htm

Cheers for the info Bukseeda. If that's correct then that is awful news. Surely there's some way I can get around that. I know others who've gone home to uni after time abroad and they haven't paid international fees. Will look into that a bit more.

Phew... looks like I'm OK. It says a bit further down the page that "UK nationals returning from employment or study outside the EEA or Switzerland... may still be eligible for support."

Think I'll email the SAAS to make sure.

Thanks again for all the help so far!

Edited September 12, 2009 by neilo

[guru]

I was in the same boat as you back in 2007. I went back to do a PGCE and took my Thai wife with me. My status was £8K savings (mainly part of the bursary and student grant/loan) and accomodation with family. Settlement visa granted within a few days without any interview or queries. The bursary and student grants/loans are not classified as public funds.

I also taught in Thailand for more than 3 years prior to returning. The university knew about my time spent abroad from my application and interview and they never made any comment that I wouldn't be a home student.

Edited September 12, 2009 by guru

[Bukseeda]

This leaflet may help, as may this UKBA page.

As you can see, it is only certain public funds that are proscribed, and I'm not sure if the funding you will receive for support during your course is or not; I have a feeling that it isn't, but I'm not sure. Even if it is, you can still receive the same as a single person. Plus, of course, any child you have with her will also be British and so not banned from public funds.

Thanks for those links 7by7. That's a great help.

Just found this:

UK Residents

To qualify for 'Home' fee status a person must fulfil all of the following criteria:

* you must be settled in the UK on the ' on the first day of the first academic year of the first year of the course'

* you must also have been ordinarily resident in the UK and Islands (the Islands means the Channel Islands and the Isle of Man) for the full 3-year period before the ' on the first day of the first academic year of the first year of the course'.

* the main purpose of your residence in the UK and Islands must not have been to receive full-time education during any part of that 3-year period.

Also see: http://www.student-support-saas.gov.uk/stu...eligibility.htm

Cheers for the info Bukseeda. If that's correct then that is awful news. Surely there's some way I can get around that. I know others who've gone home to uni after time abroad and they haven't paid international fees. Will look into that a bit more.

Phew... looks like I'm OK. It says a bit further down the page that "UK nationals returning from employment or study outside the EEA or Switzerland... may still be eligible for support."

Think I'll email the SAAS to make sure.

Thanks again for all the help so far!

That's good. I didn't want to be the bearer of bad news but I though you should at least know so you could check it out rather than find out once all plans had been made. Looks like guru has replied to you anyway saying that he had no issue with it. Good luck with the visa application!

[neilo]

I was in the same boat as you back in 2007. I went back to do a PGCE and took my Thai wife with me. My status was £8K savings (mainly part of the bursary and student grant/loan) and accomodation with family. Settlement visa granted within a few days without any interview or queries. The bursary and student grants/loans are not classified as public funds.

I also taught in Thailand for more than 3 years prior to returning. The university knew about my time spent abroad from my application and interview and they never made any comment that I wouldn't be a home student.

Cheers for that guru, that shows that I can probably do this and gives me a rough figure from someone who was successful. Great!

One question though - I seem to remember, during my undergraduate study, that all loans/grants/ etc. were granted and paid during the term. Back then, I didn't get a final answer on how much financial support I'd be getting until term had started, then they were paid in installments over the year. For your visa, did you show them actual cash in your bank, or some kind of evidence that you would eventually be getting the money?

Also, how long should I leave between submitting my application and leaving Thailand to start studying?

Thanks again!

[steve187]

are you able to obtain a passport from another eu country? if so apply for her to enter the UK by this route

is there not a way around settlement visa's if you have lived together outside the uk as a couple for so many years? (uk citizen)

Edited September 12, 2009 by steve187

[7by7]

are you able to obtain a passport from another eu country?

Only possible if, as well as being British, he is a national of another EU country.

is there not a way around settlement visa's if you have lived together outside the uk as a couple for so many years? (uk citizen)

No.

The type of entry clearance issued will be different if they have lived together for 4 years or more (see here), but she will still need it.

[guru]

I was in the same boat as you back in 2007. I went back to do a PGCE and took my Thai wife with me. My status was £8K savings (mainly part of the bursary and student grant/loan) and accomodation with family. Settlement visa granted within a few days without any interview or queries. The bursary and student grants/loans are not classified as public funds.

I also taught in Thailand for more than 3 years prior to returning. The university knew about my time spent abroad from my application and interview and they never made any comment that I wouldn't be a home student.

Cheers for that guru, that shows that I can probably do this and gives me a rough figure from someone who was successful. Great!

One question though - I seem to remember, during my undergraduate study, that all loans/grants/ etc. were granted and paid during the term. Back then, I didn't get a final answer on how much financial support I'd be getting until term had started, then they were paid in installments over the year. For your visa, did you show them actual cash in your bank, or some kind of evidence that you would eventually be getting the money?

Also, how long should I leave between submitting my application and leaving Thailand to start studying?

Thanks again!

I chose to do my PGCE part-time but procedure is different if you are doing it full-time.

In my case, the fist installment of the student grant/loan was paid in the first week of term. I completed unit 1 within 3 weeks which triggered the first half of the bursary to be paid (£3.5K). (If you are doing a full-time course then I believe the bursary is paid in monthly installments.)

I then returned to Thailand and submitted the application 3 months before I was due to start school placement. The visa was granted in 3 days but that was back in 2007 and settlement visas are currently taking somewhat longer to process. Have a look at the on-going thread which gives current waiting times.

I showed statements of cash and documents from The Student Loans Company detailing schedules of further payments and a letter from the university detailing when the final half of the bursary would be paid. I also provided a letter from my family stating we would be staying with them and that they would be available to provide any financial assistance if need be until the course had been completed and employment secured.

I don't know if you are doing a shortage subject but I also applied for and received a secondary shortage subject payment from the university. If you are eligible for a Golden Hello payment, put evidence of that in as well.

[neilo]

I chose to do my PGCE part-time but procedure is different if you are doing it full-time.

In my case, the fist installment of the student grant/loan was paid in the first week of term. I completed unit 1 within 3 weeks which triggered the first half of the bursary to be paid (£3.5K). (If you are doing a full-time course then I believe the bursary is paid in monthly installments.)

I then returned to Thailand and submitted the application 3 months before I was due to start school placement. The visa was granted in 3 days but that was back in 2007 and settlement visas are currently taking somewhat longer to process. Have a look at the on-going thread which gives current waiting times.

I showed statements of cash and documents from The Student Loans Company detailing schedules of further payments and a letter from the university detailing when the final half of the bursary would be paid. I also provided a letter from my family stating we would be staying with them and that they would be available to provide any financial assistance if need be until the course had been completed and employment secured.

I don't know if you are doing a shortage subject but I also applied for and received a secondary shortage subject payment from the university. If you are eligible for a Golden Hello payment, put evidence of that in as well.

Thanks once again for all the info. guru. A great help.

I'll be doing it full-time. I won't be entitled to as much funding as you were because I already have a post graduate degree in another subject. I'll still get something though as I want to do a PGDE in primary and I believe it is a shortage subject. I've emailed the SAAS about this. Won't be starting until 2011 cause I've still got to complete a 2 year contact with my current school so lots of time to save and do my visa paperwork.

Cheers!

[paully]

I was in the same boat as you back in 2007. I went back to do a PGCE and took my Thai wife with me. My status was £8K savings (mainly part of the bursary and student grant/loan) and accomodation with family. Settlement visa granted within a few days without any interview or queries. The bursary and student grants/loans are not classified as public funds.

I also taught in Thailand for more than 3 years prior to returning. The university knew about my time spent abroad from my application and interview and they never made any comment that I wouldn't be a home student.

Guru's absolutely right, it can and has been done by a fair few people now neilo.

The 3 year thing can be got around: although the government changed the funding system a few years ago so it operates through course providers not local authorities the legal principles remain the same. There was an estabished exception for those potential PGCE students who had been temporarily employed abroad to be treated as if they had been resident in the UK throughout. You need to make this very clear to the university/college when you apply for funding. How do you know/prove you were temporarily employed in Thailand? Essentially, every foreign teacher in Thailand is temporarily employed because they are on fixed-term one year (or sometimes longer) contracts which will expire through effluxion of time. A copy of your last teaching contract will be the evidence. Worked fine for me, guru and many others.

[sanook2me]

Cheers for the info Bukseeda. If that's correct then that is awful news. Surely there's some way I can get around that. I know others who've gone home to uni after time abroad and they haven't paid international fees. Will look into that a bit more.

Phew... looks like I'm OK. It says a bit further down the page that "UK nationals returning from employment or study outside the EEA or Switzerland... may still be eligible for support."

Think I'll email the SAAS to make sure.

Thanks again for all the help so far!

I was 4 years in LoS then went home to start a degree, the way around for me (3years ago) was to claim my place and to be paid for by the government as under the threshold of earnings in the UK..i had to show my tax records from Thailand..

I have no website links as this was done face to face at university but check it out on the web.

Yes, its true about being away for the 3 to 4 years beforehand makes you almost a none Brit and this applies to many other things in the UK too..you will be surprised when you get back...