Uk Settlement Visa

[JonHig]

Hello all.

First of all my apologies for "hijacking" my way into the Forum! I do not live in Thailand (wish i did) but in the Philippnes. My reason is that i have read the most interesting and authoritative threads here, and the situation re UK settlement visas seems to be pretty much the same, whether it is Thailand or the Philippines.

I am needing some advice please, as to whether my situation is a hopeless one or not. I am married to a Filipina with a duaghter of 2 yrs. My wife is 32 and i am 70 next month! We were married in July last year after waiting nearly four years for her annulment!

I wish to return to the UK and my wife is naturally just as eager as i am. We are living fairly comfortably on my UK state pension but i know this is not enough to satisfy the Visa requirements. I do not have much in the way of savings but have no loans and only my Mastercard debt which is not a great problem at the moment.

My plan would be to go to the UK where i could initially live with one of my sons temporarily while i sorted out any benefits i might be entitled to. My original profession is such that i could quite easily pick up the threads once again to generate income. My wife too, is more than capable of working once she is in the UK as she has worked as a hair stylist to TV stars for one of the top salons in Manila. The potential is obviously there, however i am most concerned about my age, and lask of resouces. Something can certainly be done about the latter, but not unfortunately about the former!

Re resouces. Will i be able to claim housing benefits and or pension credits when i get to the UK, and are they helpful or detrimental in getting the visa? I believe i cannot get anything for the child until she is with me, but i may be mistaken. I do though already get the pension increase for my wife.

One final question if i may. If we can get work for my wife before we apply for the SV, is she allowed to come to the UK to take up the job or dloes the SV hav e to come first?

Any help or advice will be most appreciated. I have not got to the sleepless nights just yet (thanks to the dry martinis) but they may not be far off!

My sincere thanks and regards to all

John

[enquirer]

My son's wife was in a similar position to your wife in not having a high-earning husband. My son has CFS/ME and lives on a low income made up of Housing Benefit, part-time work and tax credits at the disabled rate. We were advised that there is an unofficial minimum income matching the sum that a couple would get if they DID live on benefits: something just over £100 a week, plus a place to live (which in his case was supplied by Housing Benefit). He did not get much more than this, and has savings of about £6000 (he lives very frugally).

We went to immense trouble to prove income (12 months of bank statements etc), suitable accommodation (letter from landlord etc), genuine relationship (volumes of photographs over the three years they had been together, eventually marrying in Bangkok, records of skype calls etc made while they were separated for 18 months). We added a job offer from a restaurant where she had worked before while in England. We established that she had been given wedding presents at the marriage and therefore had small savings of her own (about £3000).

We supplied a letter from our immigration lawyer explaining the circumstances of our case, and mentioning the possibility of a human rights case if the visa were refused; and establishing that his health would not allow him to have a family life in Bangkok because of the climate; a letter from a family friend saying how much his life had improved since meeting his wife and how devastated he would be if she were not allowed to join him in UK; and a brief sponsor letter from him saying the same. Some of this was possibly not relevant but we were grasping at straws.

Because we knew we had a weak case (low income, only part time work, housing benefit necessary) we supplied QUANTITIES of paperwork, but to avoid confusion these papers were subdivided into clear, labelled groups, stapled together, stored in open sided plastic envelopes for ease of access, and we tried hard to look at everything from the point of view of the ECO dealing with it. We suspected the ECO would be overworked and easily irritated and bored, so made the task of assessing the paper work as simple and quick as possible.

In Bangkok, any container you supply paperwork in is emptied so that the papers can be stored in their own containers, and could get muddled, hence the stapling, labelling, open sided plastic envelopes.

To our surprise the visa was granted 6 weeks later and she returned to UK in November 2009.

Some of this might be relevant to your case, and I hope it helps. It shows that dependence on benefits and a very low income do not necessarily prevent getting a visa. You appear to have a more reliable income (pension) and a long established relationship plus a child, and as everyone says, the important thing is to supply proof of this (and accommodation).

[CharlieB]

You should be able to aply for Child Benefit as soon as you arrive back in the UK. You may also be entitled to Child Tax Credits, so put an application in for that too. The problem is that you won't be able to apply for these until you actually get back to the UK, so you won't be able to put amounts on the form as you don't know if you will get them or how much. Do you have property in the UK or the Phillipines to sell and show an amount of savings?

[ThaiVisaExpress]

You are entitled to benefits your partner is not the government currently pay a couple around £116.00 income support per week i would think you are above this level please advise?

Also not forgetting she may gain employment once she arrives in the UK .

If you require professional help feel free to contact me via my website we have an office in Thailand/UK.

[JonHig]

My son's wife was in a similar position to your wife in not having a high-earning husband. My son has CFS/ME and lives on a low income made up of Housing Benefit, part-time work and tax credits at the disabled rate. We were advised that there is an unofficial minimum income matching the sum that a couple would get if they DID live on benefits: something just over £100 a week, plus a place to live (which in his case was supplied by Housing Benefit). He did not get much more than this, and has savings of about £6000 (he lives very frugally).

We went to immense trouble to prove income (12 months of bank statements etc), suitable accommodation (letter from landlord etc), genuine relationship (volumes of photographs over the three years they had been together, eventually marrying in Bangkok, records of skype calls etc made while they were separated for 18 months). We added a job offer from a restaurant where she had worked before while in England. We established that she had been given wedding presents at the marriage and therefore had small savings of her own (about £3000).

We supplied a letter from our immigration lawyer explaining the circumstances of our case, and mentioning the possibility of a human rights case if the visa were refused; and establishing that his health would not allow him to have a family life in Bangkok because of the climate; a letter from a family friend saying how much his life had improved since meeting his wife and how devastated he would be if she were not allowed to join him in UK; and a brief sponsor letter from him saying the same. Some of this was possibly not relevant but we were grasping at straws.

Because we knew we had a weak case (low income, only part time work, housing benefit necessary) we supplied QUANTITIES of paperwork, but to avoid confusion these papers were subdivided into clear, labelled groups, stapled together, stored in open sided plastic envelopes for ease of access, and we tried hard to look at everything from the point of view of the ECO dealing with it. We suspected the ECO would be overworked and easily irritated and bored, so made the task of assessing the paper work as simple and quick as possible.

In Bangkok, any container you supply paperwork in is emptied so that the papers can be stored in their own containers, and could get muddled, hence the stapling, labelling, open sided plastic envelopes.

To our surprise the visa was granted 6 weeks later and she returned to UK in November 2009.

Some of this might be relevant to your case, and I hope it helps. It shows that dependence on benefits and a very low income do not necessarily prevent getting a visa. You appear to have a more reliable income (pension) and a long established relationship plus a child, and as everyone says, the important thing is to supply proof of this (and accommodation).

Dear Enquirer

Thank you very much for your detailed reply. I am glad that all you work has in the end paid off. The sad thing about all this is that genuine British subjects cannot take their wives into their own homeland without all this palava. When i say British i mean the ones who have not only been born there, but their parents and grandparents too! Also re the cost. Now in addition to my wife's visa costing 644 pounds, i have apparently to pay 1680 pounds for my 2yr old daughter.

I could in fact, probably get her into France with much less hassle and cost than the UK. I lived there for 17 years until 6 years ago, and had a Residence card. Also maybe after five years, she would be a French resident and enter the UK however she wanted to! But i digress as one of the Two Ronnies used on say!

Thank you again.

Regards. John

Edited January 22, 2010 by JonHig

[JonHig]

You should be able to aply for Child Benefit as soon as you arrive back in the UK. You may also be entitled to Child Tax Credits, so put an application in for that too. The problem is that you won't be able to apply for these until you actually get back to the UK, so you won't be able to put amounts on the form as you don't know if you will get them or how much. Do you have property in the UK or the Phillipines to sell and show an amount of savings?

Thank you Charlie B! I intend to go to the UK first to establish a base, but i have to do a lot of thinking first. The newly anticipated visa costs (see my reply to Enquirer above) are a body blow. Yes we have land in the Philippines, in my wife's name, but it could not be sold easily, any more than a house could in fact. The market like everything else, is stagnant It is good though that i could get child benefit once i am in the UK, and i understand that is backdated three months from when i arrive. I may also get some Pensions Credits and housing benefit. At least that could provide a base from which to work. I must keep at the back of my mind that you only climb Mount Everest one step at a time.

Do in undestand correctly, that my wife CANNOT come to the UK for a job if one was offered? A job offer however would help a lot i am sure.

I have two more question please. There are Visa consultants everywhere. What can they do that we cannot? There is one that seems to be very good and they offer 100% money back guarantee if the application fails. Final question! If the visa application does fail, do i lose the fees?

Thank you and regards.

John

Edited January 22, 2010 by JonHig

[JonHig]

You are entitled to benefits your partner is not the government currently pay a couple around £116.00 income support per week i would think you are above this level please advise?

Also not forgetting she may gain employment once she arrives in the UK .

If you require professional help feel free to contact me via my website we have an office in Thailand/UK.

Thank you for your reply. My pension total 113 pounds a week. This is because i was out of the UK for many years. It includes the allowance for my wife too. I would have no other income to start with, but as i have already said above she is very employable, in principal, and i too could earn quite well after a few months getting re-established.

Regards

John

[gregchambers]

if you have been non-resident and return to the UK not all benefits will be available to you until you have become resident for two years in the UK - if this is the case you can point out in your application that you are unable to benefit from state benefits for the first two years so they do not have to worry about it. I thin you can claim the full pension as soon as you are back in the UK so you may be able to use this figure rather than the current one.

a EEA family permit is possible for France (and free!) but accommodation costs will possibly eat up most of your income, and I think you have to prove that you have accommodation available.

if the baby is yours she should get british citizenship not visa

if your son has large enough accommodation you can get a letter from him saying you will be staying there (again, renting in the UK will kill your income stone dead) which should help when they calculate your net income

if you or your wife can get an offer of a job in writing in advance then that should also help

[torrenova]

if you have been non-resident and return to the UK not all benefits will be available to you until you have become resident for two years in the UK - if this is the case you can point out in your application that you are unable to benefit from state benefits for the first two years so they do not have to worry about it. I thin you can claim the full pension as soon as you are back in the UK so you may be able to use this figure rather than the current one.

a EEA family permit is possible for France (and free!) but accommodation costs will possibly eat up most of your income, and I think you have to prove that you have accommodation available.

if the baby is yours she should get british citizenship not visa

if your son has large enough accommodation you can get a letter from him saying you will be staying there (again, renting in the UK will kill your income stone dead) which should help when they calculate your net income

if you or your wife can get an offer of a job in writing in advance then that should also help

Your information is incorrect. The minute he arrives back, with the intention to settle in the UK, he is resident and all benefits are available to him.

You are right about the child, UK passport is the way to go. No visas and no fees. Only if the OP's child.

Housing benefit is available. It is now paid one month in arrears and can take a couple of months to sort out. It is based on a Local Housing Allowance (LHA) these days. The OP would qualify for a 2 bedroom allowance and he can check his actual allowance from this website https://lha-direct.voa.gov.uk/Secure/Default.aspx

The OP should also note that if the LHA is more than the rent, then he would be allowed to retain up to £15 per week or £65 per month of that surplus. Thus, if the rent was £750 per month but the LHA was £900 per month, the OP would get £815, being £750 plus £65. Essentially it is £65 extra a month.

The comments about needing money equivalent to benefits is correct. The main issue is housing prior to arrival or he may have to travel first. I would suggest he go down the sons route or get a work around situation regarding a lease somewhere.

[enquirer]

".....genuine British subjects cannot take their wives into their own homeland without all this palava...."

Lots of people have said this to me and seem genuinely astonished that we had to go to such lengths to get my daughter-in-law back here.

It all hinges on whether the UK spouse is able to support a Thai (or other nationality) without HER falling back on public funds and being a drain on this country's resources. Hence the absolute necessity to prove sufficient income to support her, somewhere to live, and genuine relationship. I actually know someone from BKK who married an older UK man, hung around with him for the requisite 2 years in order to get Indefinite Leave to Remain, then left him and now she and her daughter (who is not his) live on benefits. It happens. Our immigration officials have a duty to protect UK from deliberate exploitation, and that makes their default attitude one of extreme suspicion.

The alternative is to have open borders, free access, benefits for all, no arguments, and there is a case to be made for this, of course.

"....When i say British i mean the ones who have not only been born there, but their parents and grandparents too....."

Well, this is not entirely simple either. My adult nephew was born in Oman into a UK family with a long tradition of service overseas. It doesn't take many generations to be born abroad by coincidence of where your parents and grandparents were working (his father was born in Sudan where his own parents were serving as doctors) to seem on paper to have a rather tenuous and arguable connection to the UK. My nephew, as a doctor himself, is likely to work abroad, so if his children are born in, say, the Yemen...... This is why there was such a fuss in the last century when the British Govt tried to remove British Citizenship from families who were born abroad for several generations. They were disenfranchising precisely those families who were "British" to the core, but serving abroad at crucial moments in their lives (ie reproductive years, like my sister).

[7by7]

One final question if i may. If we can get work for my wife before we apply for the SV, is she allowed to come to the UK to take up the job or dloes the SV have to come first?

Do in undestand correctly, that my wife CANNOT come to the UK for a job if one was offered? A job offer however would help a lot i am sure.

To obtain a work permit she would need to be sponsored by an employer, and, with certain highly skilled exceptions, that employer would have to demonstrate that they had been unable to fill the vacancy from within the EU. There is nothing to stop your wife finding employment before she comes to the UK, and a firm job offer will only help her settlement application. Remember that when she arrives in the UK as your spouse she can start work immediately.

I have two more question please. There are Visa consultants everywhere. What can they do that we cannot? There is one that seems to be very good and they offer 100% money back guarantee if the application fails. Final question! If the visa application does fail, do i lose the fees?

No agent can guarantee a visa, and those that offer a 'no visa, no fee' service are usually lying! If you are considering using an agent, read this first.

The visa fee is for processing the application. It is not refundable should the application fail.

Also re the cost. Now in addition to my wife's visa costing 644 pounds, i have apparently to pay 1680 pounds for my 2yr old daughter.

If she is your daughter then she is a British citizen and entitled to a British passport; in which case she wont need a visa.

...the situation re UK settlement visas seems to be pretty much the same, whether it is Thailand or the Philippines.

Exactly the same, no matter the nationality of the applicant (except EU nationals) nor the country in which they apply.

You may find the following helpful:-

Maintenance and accommodation

Settlement; Spouse