Uk Settlement When Starting A Business

[koan]

I am a British citizen in the process of starting a business: spent the last 2 years living off savings in order to work on development, now I'm in the process of incorporating a company and setting up a website to do sales. I have some tens of thousands of pounds left in cash savings but I do not own a property, I'm renting.

I'm hoping to go to Thailand to marry my girlfriend in 2 or 3 months time. We want to apply for a married persons visa. I'm concerned about the requirements for me to be able to support her.

I asked her to save 50,000 Baht before applying for the visa so that when she comes to the UK there will be a cushion while she looks for a job. Otherwise, she is not rich and would not be able to get more finance from home. It will probably take 6+ months to build traction with my business, as I work on marketing and trying to build a customer base. In other words at the time of the visa application I probably won't have a good income and won't have a record as a successful business (yet). I would hope that owning a company and what I hope looks like a viable business would make up for immediate salary. If my girlfriend gets through her money without finding a job, I can support her for a while but she should get a job quickly; I could get a regular job if we are desperate (I have a PhD so it should be easy to get a job in a crunch).

Is this a realistic position to be applying for a visa ?

Is there anything else I can do to shore up the application ? For example, by the time we apply I should be a properly registered tax payer again.

[7by7]

The Entry Clearance Officer has to be satisfied that you can support and accommodate yourselves without relying on public funds. The money from this can come from your income and/or savings, her income and/or savings or any combination of these.

When assessing the application the ECO will also, if necessary, take into account your wife's future employment prospects once in the UK and your future income; but you will, of course, need to provide realistic evidence of these.

See Maintenance and accommodation

[bangkockney]

With 10s of thousands banked, you really shouldn't run in to too many problems.

If really needed, you could also submit financial statements from your family members too.

You basically need to show you can cover your outgoings and what the UK Govt. considers the bare minimum for a couple: £105.95/wk from Apr 2011. This can be out of income and/or savings. It will take 2 years for your partner to get the right to work, so your finances are judged over a two year period. So, e.g.

Applicant uses savings as maintenance for the whole 2 years

£105.95 per week is a little over £11,000 over 2 years

Rent at £400 per month over 2 years = £9,600

There are no debts =

£21,000 would be sufficient without needing to be employed

(or no savings at all and a job paying £10,500 per year after deductions)

NB. Obviously this would need to be tailored to your own accommodation costs & any debts)

Rented v owned property is a non-issue.

Remember too, any money she has banked will also be taken into account.

Good luck, and with your business too.

[koan]

Thanks guys, that's very useful information.

@bangkockney This is a married person's visa, won't she get the right to work almost immediately ?

Also, do you have a link to those figures on a UK Government website ?

[ThaiVisaExpress]

Thanks guys, that's very useful information.

@bangkockney This is a married person's visa, won't she get the right to work almost immediately ?

Also, do you have a link to those figures on a UK Government website ?

She may work also whilst on a settlement visa.

[ThaiVisaExpress]

With 10s of thousands banked, you really shouldn't run in to too many problems.

If really needed, you could also submit financial statements from your family members too.

You basically need to show you can cover your outgoings and what the UK Govt. considers the bare minimum for a couple: £105.95/wk from Apr 2011. This can be out of income and/or savings. It will take 2 years for your partner to get the right to work, so your finances are judged over a two year period. So, e.g.

Applicant uses savings as maintenance for the whole 2 years

£105.95 per week is a little over £11,000 over 2 years

Rent at £400 per month over 2 years = £9,600

There are no debts =

£21,000 would be sufficient without needing to be employed

(or no savings at all and a job paying £10,500 per year after deductions)

NB. Obviously this would need to be tailored to your own accommodation costs & any debts)

Rented v owned property is a non-issue.

Remember too, any money she has banked will also be taken into account.

Good luck, and with your business too.

These figures are based on a married couple on income support in the UK ?

[7by7]

No idea where Bangkockney got two years from.

If entering the UK for settlement as a fiance or proposed civil partner then one can work after the marriage/civil partnership has taken place and further leave to remain has been granted.

If entering for settlement as a spouse, civil partner or unmarried partner one can work immediately.

With regards to the minimum income required, see MAA4 Maintenance: General requirements

There is no explicit minimum figure for what represents sufficient maintenance. If dependants of the main applicant are going to accompany him / her to the United Kingdom, resources must be available for the whole family unit to be maintained.

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.

(my emphasis)

"Strongly suggested" and "may be" not "instructed" and "must."

For example, if living with friends or family rent free with them providing all one's food etc. then it may be that a figure lower than the income support level would be acceptable.