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Posted

I am currently in the process of organising the supporting documents for my husband's UK settlement visa. The only section I'm concerned about is our financial situation. We are both currently employed and living together in Thailand. As I am due to have a baby in November, we've decided to move back to the UK early next year. This will mean us both giving up our jobs in Thailand and therefore, as his sponsor, I will be unemployed. Has anyone else been in this kind of situation? Was your application accepted? Is it possible for my mum to go as co-sponsor? She is in a strong financial position. Her house (where we will be staying) is mortgage free, she has saving and also shares. I also have around £2,000 in savings and no debt.

Your thoughts, suggestions, similar experiences would really help me.

Posted

Have a read of Maintenance and Accommodation.

You will see that the funds for maintenance can come from the savings and/or income of:

  • The applicant
  • The sponsor
  • A third party
  • Any combination of these.

Anyone who is contributing towards your financial support must provide evidence that they have the funds to do so; bank statements, payslips etc.

Although third party support is allowed under the rules, the Entry Clearance Officer will need to see that you and your husband will be able to support yourselves within a reasonable time frame; so you should provide whatever evidence you can that you will be able to do so; employment prospects for example.

Living with a third party, especially a family member, is fine; provided there is at least one room for the exclusive use of you and your husband. Your mother should provide evidence that this will be so. If she owns the property then proof that she does own, such as a copy of the deeds, and a description of the property and who else lives there should suffice. If she rents then a letter from her landlord confirming that you can live there and that there is room for you.

Posted (edited)

The information from 7x7 is correct, as usual. The concept of "third party support" has only been accepted by UKBA for the past couple of years, and then only after they lost an appeal on that point. They don't like it, and they will try to refuse an application if the support looks to be long term. More importantly, there is a little bit about third party support in the proposed changes to Family Migration ( currently in the process of consultation). It looks like UKBA will try to use the proposed changes to remove, or amend, the use of third party support. This is part of the proposal :

“whether support from third parties, which is not easy for the UK Border Agency to verify, should be allowed only in compelling and compassionate circumstances."

I have copied the below from another source:

The entitlement of people who wish to come to the UK as members of the family of someone settled here to rely on contributions from people other than themselves or their spouse to support them and their children has now been established for nearly two years, following the House of Lords’ opinions in Ahmed Mahad (Ethiopa) v Entry Clearance Officer [2009] UKSC 16; [2010] 1 WLR 48. In that judgment it is not suggested that “third parties” should only be allowed to contribute to a person’s maintenance if there are “compelling and compassionate circumstances.” Instead the rationale is that if it can be shown that such support is available the concern that an immigrant could become dependent upon public funds after his or her admission is met.

The proposals for the changes to Family Migration are in the consultation stage. You have until October to contribute your own comments on the proposals. The link to the actual proposals is here:

http://www.thaivisa.com/forum/topic/482816-uk-government-launches-consultation-on-family-migration/

Edited by VisasPlus
Posted

My wife is about to apply for a UK settlement visa and I am a little concerned about the info in this thread. My situation is that I am a mature Phd student in mathematics in my first year (out of three), so have no job and so no income and rely on my parents for financial support. They cover my tuition, accommodation and living costs and are more than happy to do this. My wife has been with me in the UK for the last 5 months and in that time my parents have paid for the rental of our flat, 925 pounds per month, living expenses 1000 pounds per month and tuition fees.

Now in the application for a souse visa I will be saying that they will continue to do this until January 2014 and further until I get employed. But the above comment seem to indicate the UKBA do not like third party support? But there's not much I can really do about this? My parents have substantial wealth which they can show, will this be sufficient in the eyes of the UKBA?

Posted

My wife is about to apply for a UK settlement visa and I am a little concerned about the info in this thread. My situation is that I am a mature Phd student in mathematics in my first year (out of three), so have no job and so no income and rely on my parents for financial support. They cover my tuition, accommodation and living costs and are more than happy to do this. My wife has been with me in the UK for the last 5 months and in that time my parents have paid for the rental of our flat, 925 pounds per month, living expenses 1000 pounds per month and tuition fees.

Now in the application for a souse visa I will be saying that they will continue to do this until January 2014 and further until I get employed. But the above comment seem to indicate the UKBA do not like third party support? But there's not much I can really do about this? My parents have substantial wealth which they can show, will this be sufficient in the eyes of the UKBA?

At the moment, and under current legislation, third party support is acceptable. There is no stated time limit to third party support, but the visa officer will have an expectation that you will be able to show that you can support your wife in the UK in the longer term. Whether 2 to 3 years of third party support is acceptable or not, nobody can say except the visa officer who deals with your wife's application, based on the information you provide at the time of application. Should the application be refused, you will have a right of appeal against that decision.

It is clear that UKBA don't like third party suport, since they are proposing to either amend it or get rid of it. If you are applying for your wife's settlement visa in the near future you should be okay as the changes to legislation probably won't come in until next year, April. But ,also bear in mind that should you be thinking of applying in the near future, and should the application be refused, then UKBA will be starting to charge for appeals from October this year. At the moment appeals are free. As I said in my earlier post, you currently have the opportunity to make your feelings on the Family Migration proposals known by completing the questionnaire. Usually people can't be bothered, but , hopefully, cemlife and others can see the reasons for doing this.

Cemlife - in order to avoid the new legislation, and the possibility of having to pay for any appeal, I would get your wife back to Thailand to apply for the settlement visa sooner rather than later.

Posted

It all sounds a bit lame to me, my parents could just deposit a large amount of cash in my bank, which I could show to get the settlement visa with, once she was in the UK i could transfer it back out again back to my parents. Then they would just feed it back again over the next 2.5 years of my Phd degree, theres no difference but would be in the UKBA eyes,... lame.

If they changed the rules for third party support, your parents could have 2 billion dollars in there bank account but their child would be refused a settlement visa for their wife if the child was unemployed and not seeking employment! lame...

Posted

It all sounds a bit lame to me, my parents could just deposit a large amount of cash in my bank, which I could show to get the settlement visa with, once she was in the UK i could transfer it back out again back to my parents. Then they would just feed it back again over the next 2.5 years of my Phd degree, theres no difference but would be in the UKBA eyes,... lame.

If they changed the rules for third party support, your parents could have 2 billion dollars in there bank account but their child would be refused a settlement visa for their wife if the child was unemployed and not seeking employment! lame...

Well, why don't you do that ? Ask your parents to deposit the money in your account, and have a legal document drawn up to say that the money is gifted to you. I think that will be necessary for tax purposes. You would need to explain where the money came from in the visa pplication if you are unemployed, of course.

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