Uk Settlement Visa For Thai Wife - Should I Sell My Uk Property To Show Cash?

[neilo]

Hi,

I'd like to move back to Scotland to do a PGCE (PGDE) and a few years teaching. I plan to take my Thai wife with me. I might have difficulty with the 'no recourse to public funds' area of settlement visa requirements because it would be about a year before I get my first teaching job after the course. This, I'd imagine, means I have to show substantial funds - enough for me and my wife to live on for a year.

Now, I'll only have about 1 or 2 thousand pounds saving on top of whatever loans and grants I get form the government. I'm quite sure this isn't enough to get the visa granted. However, I do own half of a flat in Scotland. My mother owns the other half. It's got tennants and I get rent form it each month.

If I sold it, would the visa officials accept those funds as evidence? Or would a sudden lump sum like that look bad?

And how about if I remortgaged it, would money from such a loan be acceptable?

Thanks in advance for any advice!

I've asked questions on another topic related to the visa recently in this thread: http://www.thaivisa.com/forum/Uk-Settlemen...ri-t296945.html

Edited November 23, 2009 by neilo

[7by7]

Unexplained, sudden large deposits can arouse the ECO's suspicions, but if you explained where the money has come from I don't see a problem.

But do you need to sell it? Wont the money from the rent income plus your bursary be enough to live on?

[neilo]

Unexplained, sudden large deposits can arouse the ECO's suspicions, but if you explained where the money has come from I don't see a problem.

But do you need to sell it? Wont the money from the rent income plus your bursary be enough to live on?

Thanks for the quick reply 7by7!

Half of the rent pays me 250 GBP per month. Could be enough. However, I might not get a bursary because I already have a funded PG degree in something else.

I'm not really concerned about money for us to live on when there because I'll find a way, and my family could help. Really I just want the money to satisfy the visa officials. I know its difficult to estimate, but how much are they really looking for?

[7by7]

Not a lot.

From MAA4 Maintenance: General requirements

The ECO should bear in mind the position taken by the UK Asylum and Immigration Tribunal (UKAIT):

In 2006, the UKAIT in UKAIT 00065 KA and Others (Pakistan), strongly suggested that it would not be appropriate to have immigrant families existing on resources that were less than the Income Support level for a British family of that size.

More information is available on the British & Irish Legal Information Institute website (BAILII)

If it is more likely than not that the total amount that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds.

Which means, of course, that if your income is above the income support level for a family of your size then this should be sufficient.

[aussiedoug]

Why not just fill in a visa form for your "family" first, I don't think they can say you cannot take your wife with you just because you look skint. Actually there is some spare human rights rule about it, and you can bet the UK has signed up for it too. After all, why are all the hordes walking through, Italy, Spain,Germany, France et al just to get to the the UK.

[7by7]

One of the requirements of the UK immigration rules is that those applying for settlement in the UK, whether as a spouse or any other category, must be able to support themselves without recourse to public funds. Applications can be, and have been, refused due to the applicant and sponsor having insufficient funds to do this. Although from what he has said, I don't think the OP has to worry on this point.

The ECHR, which the UK has signed up to, does have a guarantee to family life. However, there are some caveats to this which effectively means that a signatory's immigration laws take precedence.

Why are asylum seekers crossing Europe and camping around Calais in an attempt to gain entry into the UK? A complex question, and this is not the place to discuss it. However, one reason seems to be that many think that once they get into the UK they will be given a council house and an income from the state; they're wrong.

[paully]

However, I might not get a bursary because I already have a funded PG degree in something else.

I'm not really concerned about money for us to live on when there because I'll find a way, and my family could help. Really I just want the money to satisfy the visa officials. I know its difficult to estimate, but how much are they really looking for?

I did contribute to your other thread, neilo, but it seems you're panicking.

You'll get the basic bursary - it's not related to any previous assistance/awards you've had in the past - so quote this as your income plus the rent from your house. No need to sell it. As I've already told you because you're doing the PGDE in Scotland and guaranteed a job after you qualify, you need to highlight this in your application, don't assume the ECO will be naturally aware of it. The Thai wives of several individuals I'm aware of who returned to England/Wales to do PGCE's, where jobs after qualification are certainly not guaranteed, have been successfully granted settlement visas, so get the paperwork straight, get the application in and quit worrying

Edited November 24, 2009 by paully

[neilo]

Think I am panicking a bit! It's just I might not get any financial assistance because I already have a funded postgrad in IT. I'm still waiting for a reply from the awrds body about this. The awards body have also questioned my residency because I've been out the UK for 5 years - waiting for a decision on that too.

So in a worst case scenario, if I don't sell my flat, I'll be applying with just 1 or 2 thousand pounds in the bank. I think that'd be a problem.

Thanks again for all the replies so far!

[7by7]

So in a worst case scenario, if I don't sell my flat, I'll be applying with just 1 or 2 thousand pounds in the bank. I think that'd be a problem.

You don't need any money in the bank; you just need to have sufficient income to meet your commitments and to live on.

You'll have your rental income, plus this post from The Scouser indicates that third party support, e.g. from a parent, is once again allowed; so stop panicking!

[ajsp9]

Selling an already rented out, income gaining property which is 50% owned by your mother............in a recession. Thats a few hurdles to cross then!!

Keep the flat and get your family to loan you a few quid to put in your back and if ever questioned, say it was a repayment of a loan.

You mentioned in one of your replies the following......."I'll find a way, and my family could help".

Go down this route mate, its easiest.

[paully]

It's just I might not get any financial assistance because I already have a funded postgrad in IT. I'm still waiting for a reply from the awrds body about this.

The awards body have also questioned my residency because I've been out the UK for 5 years - waiting for a decision on that too.

1. You will get the basic bursary for PGCE/PGDE students because this is not dependent on previous financial assistance - it's basically an inducement for potential teachers (you wouldn't however get any extra maintenance grant if you've been assisted before)

2. You should be robust with the awards body over this and quote that you wish to be treated 'as if the applicant [you] had been habitually resident in the UK in the 3 years before the commencement of the course on the basis of being temporarily employed abroad' - this is an established concession of some long standing which has successfully been used by many, including me The evidence of your temporary employment status is a copy of one of your Thai contracts (I assume you were teaching there?). Do not let them try to talk you into being treated as if you were an overseas student.

3. Stop panicking!

[neilo]

1. You will get the basic bursary for PGCE/PGDE students because this is not dependent on previous financial assistance - it's basically an inducement for potential teachers (you wouldn't however get any extra maintenance grant if you've been assisted before)

2. You should be robust with the awards body over this and quote that you wish to be treated 'as if the applicant [you] had been habitually resident in the UK in the 3 years before the commencement of the course on the basis of being temporarily employed abroad' - this is an established concession of some long standing which has successfully been used by many, including me The evidence of your temporary employment status is a copy of one of your Thai contracts (I assume you were teaching there?). Do not let them try to talk you into being treated as if you were an overseas student.

3. Stop panicking!

OK, thanks again folks!! I just got off the phone with the Scottish Awards Agency for Scotland and they said that I'll get full funding and won't be charged international fees. Great!

Will spend some time on here researching the settlement visa then get my application in. Won't get a promise of cash from government until April. How long should I leave between submitting the UK settlement visa application and my leaving date?

Cheers!

[paully]

I just got off the phone with the Scottish Awards Agency for Scotland and they said that I'll get full funding and won't be charged international fees. Great!

Won't get a promise of cash from government until April. How long should I leave between submitting the UK settlement visa application and my leaving date?

Good news about the funding!

If I were you, I'd put the application in in April, hopefully just before the big summer rush that occurs for visas (usually student visas) and taking into account the 10 or more week delay that many seem to have to undergo for settlement visas these days. You don't want to be panicking about a last-minute application. Emphasise that you want the visa to start from August before your course starts.

[the scouser]

....It's got tennants ....

I'd expect nothing less of a Scotsman. Hopefully the "super" variety.

Scouse.

[7by7]

If I were you, I'd put the application in in April..........Emphasise that you want the visa to start from August before your course starts.

Visas can only be postdated for a maximum of 3 months, so if you want the visa to start in August the earliest you could apply would be May. If you do ask for the visa to be postdated, check the start date immediately she receives her passport back, preferably before leaving the VAC; mistakes cannot be rectified later.

The visa will actually be valid for 27 months, but she only needs to be in the UK for 24 months before she can apply for ILR; so you do have a three month window between receiving the visa and first entering the UK anyway.

[paully]

The visa will actually be valid for 27 months, but she only needs to be in the UK for 24 months before she can apply for ILR; so you do have a three month window between receiving the visa and first entering the UK anyway.

Yes, that's a fair point - neilo's mrs should probably still apply in April in that case, to allow plenty of time for the application to be approved and stop him panicking again

[neilo]

Cool. Thanks again for all replies. You've all been a great help. I'll let you know how it goes (but will probably be back with more questions before then!)

[roygsd]

Cool. Thanks again for all replies. You've all been a great help. I'll let you know how it goes (but will probably be back with more questions before then!)

Hi,

In reality this " No recourse to public funds" stamp isnt worth the ink used to print it.

The legislation relating to the Benefits System in the Uk, requires the applicant to include full details of spouse and all other persons who may be residing with them.

Failure to include the wifes details, ( irrespective of her visa requirement) will result in the application not being processed, I know because I have helped several people whose financial circumstances have changed since they returned to live in the UK obtain their legal entitlement to claim Income Support for themselves and their non british spouses.

Quite simply, those processing the Benefits System are required by law to apply the Benefits Legislation, end of story, furter more they will confirm this to you if you ask the right questions.

Unfortunately peoples finacial circumstances can and do change quite dramatically, the uk spose is entitled to claim benefits

and if he/she fails to include their spouses details the Benefits they may be entitled will not be paid to them.

The only possible problem that might arrise is the end of the visa period when renewal of the visa is required, however having assisted several people to get their legal entitlement to Income Support and have their spouses LTR visa approved without further queries being raised over the past five years I fail to see they could legally refuse to issue the LTR visa.

It can be a bit complicated as both UK and EU legislation come into play.

This advice is offered to assist those in genuine need of help ( of which there are many) rather than those seeking to trying to fiddle the sytem.

Roy gsd.

Roy

[7by7]

The UK partner of a person subject to immigration control and the prohibition on public funds is, of course, able to claim any and all benefits to which they may be entitled. However, apart from certain exceptions, they cannot claim extra for their spouse/partner. Obviously, they must provide all information required in order to make a claim, including details of their spouse partner.

Not all public funds are prohibited, see Public Funds.

If a person subject to this prohibition were to claim prohibited public funds then this could have serious repercussions when they come to extend their leave to remain, indeed the application could be refused.

Such applications come under the UK immigration rules, so EU law is not a factor.

[yeesipha]

HI

yes a friend of mine found himself in a situation,loss of job,and being asked to leave were he was staying with his thai wife and baby daughter,

thai wife had no recourse to public funds stamped on visa as was a spousal visa(thai wife been in uk approx 6 months at time of situation),anyhow

he had to go to the local authority and get help with emergency housing whch was provided to all three of them as he was the main applicant,they have now been moved out of bed and breakfast and have now been given a two bedroom house which he claims full housing benefit for (£350 per week) also full council tax benefit (£30 per week).

He also claims income based jobseekers (63.20 per week) also child tax credits (£67.00 per week) also (£20 per week child benefit for his daughter,and his wifes name had to go on every claim, frorm jobseekers to emegency housing,but she is not claiming a dime,all in his name,

as he is entitled to this as a british citzen,and by god over the years he has paid tens of thousands of £s into the system so its his right to get

somthing back out of it now he needs assistance.

all he is slightly concerned about now is when she comes up for ILR this may go against them on a positive note she has just passed her LITUK test,so shes ok on that front .