Uk Settlement Visa

[Takeo]

Just a brief bit about me. I am married to my thai wife. At the moment i am preparing to apply for a uk settlement visa for her. I am British. My current situation is that i gave up work and came to thailand as a 'hoilday' at the end of december. I am going back to the uk to go back to university and do a PGCE (to become a teacher).

The section i need help on is 8.7 sponsors current finances and employment. Im guessing i would have to put i am 'unemployed' as technically i am not a student until september (although i have been accepted already). Alot of the following questions i would have to leave blank if i were unemployed. Almost all the following questions would be left blank or have a no answer. until the last question which is 'how much does your sponsor spend each month on living costs' would this have to be now while in thailand or would it be projected for the uk?

Is it likley to hinder my application if i were unemplyed? Would i have to back up with evidence that i am on a vacation? Would it be best to say i am unemployed and then do a section of evidence about what i did, am doing now and going to do? I know this is a bit long, but i would really appreciate any help.

Edited July 13, 2010 by Takeo

[7by7]

You should answer the questions truthfully, obviously, and if the answer is 'none' or 'nil' that is what you should put.

As for the 'livining costs' question, this assumes that the sponsor is living in the UK. As you are not put a projected figure here with a note in your sponsor's letter explaining it.

Explain in your sponsor's letter that you will be starting the course in September and provide evidence of this and that you will be receiving the bursary. Explain how you will be living until the bursary is received; if a third party, e.g. family member, is providing accommodation and/or finance then they must provide evidence of their ability to do so.

I'm sure you're aware that you are not the first in this position, see this topic and this one for examples. Some of the posts in those topics may be of help to you.

[Mercury]

I think you are on a hiding to nothing trying to get a settlement visa in your current position, though not impossible.

The criteria dictates that your partner cannot give rise to a claim for public funds in excess of those you would be entitled to were you alone. However, that leaves you short of the amount they look at as being the minimum you need to live on. I suggest you can work these numbers out and cover them with up front funds (so that £20 a week is covered for 1 year by £1000 etc.).

You will have to go into quite some detail if you hope to get them to give you a visa, including dealing with the time until you are back in work. You will also have issues with accommodation and proof thereof.

I would seriously do your research as you may well just be chucking Bt32,200 down the toilet.

[jasonr3255]

In truth, without considerable savings you will be find it very difficult to sway this one. If you are to receive help from family the only concrete evidence in my opinion will be monies deposited into your account before submitting the application. Good luck. !

[7by7]

Family help is acceptable if required; not by depositing a large amount of money in the OP's bank but simply by writing a letter to say that they will be providing such assistance and providing evidence that they have the means to do so, from income, savings or a combination of both.

Takeo, don't let the doom merchants get you down. Others have walked the same path as you before and been successful.

Basically, on the income front all you need to show is that you will be able to support yourselves, with help if necessary, until the bursary kicks in.

[Takeo]

cheers for the feedback. i taken it on board. i admit the not working is a downside. i may get cash in hand but have to leave that out. .... I am answering everything truthly. My main worry about the form is finance. Student finance will support me, and should be enough for her too. I guess its up to the person examining it whether they deem it enough. i will look for family support. I dont feel i have alot of options

[Mercury]

....Basically, on the income front all you need to show is that you will be able to support yourselves, with help if necessary, until the bursary kicks in.

And that bursary would still need to be equal to or more than the amount of income support and other associated benefits, including housing related benefits, which a bursary would be required to cover, that would otherwise be received from the state for a couple not subject to immigration control.

[jasonr3255]

....Basically, on the income front all you need to show is that you will be able to support yourselves, with help if necessary, until the bursary kicks in.

And that bursary would still need to be equal to or more than the amount of income support and other associated benefits, including housing related benefits, which a bursary would be required to cover, that would otherwise be received from the state for a couple not subject to immigration control.

That is why if you include a third party who will be helping out financially, the ECO will take into consideration the extra burden that the third party would be undertaking by offering help. Without knowing or wishing to know what your families finances are this will most certainly be the case unless they are in a position where they can most conclusively prove through their finances that they can help without causing an extra burden. Remember that you are the sponsor and this will be first and foremost in the ECO mind.With money being the benefactor in this situation, while I do not disagree with what 7b7 has said, common sense should prevail and to have a bolstered bank balance and the assistance from a third party also would be more conclusive than that of third party help only. The point I am trying to make is that the ECO is not concerned where your savings come from but rather if the amount you have can give you the opportunity to subsist as a sponsor for your wife. I wish you every the success.

[Takeo]

i appreciate what you have said. Thank you for the response. I'll see what i can do. I think i may be able to gather enough evidence together with the help of third party.

[7by7]

....Basically, on the income front all you need to show is that you will be able to support yourselves, with help if necessary, until the bursary kicks in.

And that bursary would still need to be equal to or more than the amount of income support and other associated benefits, including housing related benefits, which a bursary would be required to cover, that would otherwise be received from the state for a couple not subject to immigration control.

Whilst I am not at all au fait with what such a bursary covers, if it does not cover housing costs then the OP can claim housing benefits if he needs to and qualifies.

That is wife, who is not able to claim, will be living in the property too is irrelevant, as long as he doesn't need a bigger property due to her living with him. Unlikely, I'd have thought, as most married couples I know do share a bedroom!

Alternatively, were they to be living with friends or relatives, if this was rent free there would be no need for any housing benefit or to show in his wife's visa application that they have the income to pay the non existing rent.

None of us know Takeo's full circumstances. Whilst forewarned is forearmed, can we please stick to answering his questions and not try to put the fear of God into him!

[Mercury]

Not to over simplify things but any subsistence or provision of any hypothetical free accommodation must cover all the time between arrival back in the UK, the full period of any study and then a reasonable period to gain meaningful employment. The question of how far an adjudication officer should be required to look into the future must also be considered should it not ?

Were the wife in a position where it was likely she could assist financially within a relative short period of time, then that would substantially help the application. Perhaps the OP should look into how his wife could help her own application.

The age of the applicant is also completely relevant to their housing benefit entitlement.

It is not about putting fear into the OP but he has to cover the bases before dealing with his rather more complicated work / income position.

Edited July 13, 2010 by Mercury

[7by7]

Which takes us right back to what I said in my first post in this topic.

You should answer the questions truthfully, obviously, and if the answer is 'none' or 'nil' that is what you should put.

As for the 'livining costs' question, this assumes that the sponsor is living in the UK. As you are not put a projected figure here with a note in your sponsor's letter explaining it.

Explain in your sponsor's letter that you will be starting the course in September and provide evidence of this and that you will be receiving the bursary. Explain how you will be living until the bursary is received; if a third party, e.g. family member, is providing accommodation and/or finance then they must provide evidence of their ability to do so.

I'm sure you're aware that you are not the first in this position, see this topic and this one for examples. Some of the posts in those topics may be of help to you.