On Disability & Want To Bring Wife & Child To Uk

[bigboy221166]

Hi all

would it be possible to bring my wife & baby to the UK for maybe a couple years or so even though i'm on Disabilty Benefits.

have 20 years till retirement but can never work again hence disability.

any help would be very much appreciated.

if i need to supply additional info please let me know.

i have already taken her to the UK once last year for 6 months.

its driving me mad with them in Thailand and me in UK.

one last thing, we're not actually married yet and been together for 2 1/2 years.

[JohnC]

the obvious question is who is going to support them as you cannot receive public funds? I would also guess you would have to go down the fiancée route as you are not married and could be difficult but not having done it I cannot give you specific advice.

[bigboy221166]

Many Thanks for your reply.

we are planning on getting married within the next 6 months but am unsure how difficult that would be, ie getting married.

[7by7]

Is the child yours? If so then s/he is British and entitled to a British passport and so does not need a visa (assuming you are British, of course). See How to apply from Thailand (First time applications)

Your wife would not be entitled to most public funds until she has Indefinite Leave to Remain; but you may claim any and all to which you are entitled as long as you don't claim any extra due to your wife living with you. You will need to provide evidence that you can support and accommodate her without you claiming any extra. See Maintenance and accommodation.

If you want to marry in Thailand there are certain requirements under Thai law that a non Thai marrying in the Kingdom has to comply with, see Guidance for British nationals wishing to marry in Thailand.

Once married your then wife can apply for settlement in the UK as your spouse, see Settlement, Spouse.

A spouse visa is valid for 27 months, and once she has been living in the UK for 24 months, and meets all the other requirements, she can apply for Indefinite Leave to Remain, see Completing application form SET(M). One of the requirements is that she can demonstrate adequate Knowledge of language and life in the UK.

If you decide to marry in the UK then she applies as your fiancée; see Settlement, Fiancé(e)s.

A fiancé(e) visa lasts for 6 months, during this time she must travel to the UK and you marry. Once the marriage has taken place she then applies for Further Leave to Remain, see Applying from inside the UK. FLR will last for 24 months, at the end of which she can apply for ILR as above.

You say that you have been together for 2.5 years, is that living together in Thailand? If so then she could apply as your unmarried partner; but you will need to show that you have indeed been living together in Thailand in a relationship akin to marriage for at least the last 2 years. Short periods apart are fine, but if you've been living in the UK and she in Thailand then you wont be able to do this. See Unmarried and same-sex partners . Like a spouse visa, an unmarried partner's visa is valid for 27 months and after 24 months in the UK she can apply for ILR; assuming she meets all the other requirements.

A spouse, fiancé(e) and unmarried partner visa all cost the same. If she applies for a fiancée visa then there will be another fee when she applies for FLR. Therefore, in my opinion, unless you have a compelling reason for following the fiancée route it is better to marry in Thailand and apply as a spouse or apply as an unmarried partner if she qualifies.

Whether she applies as a fiancée, spouse or unmarried partner she will need to submit with her application evidence that she meets a minimum standard of spoken English, see here for details of this and here for a list of approved test providers in Thailand. She could take this test while in the UK as a visitor, if she wished.

She will also need to provide a certificate to show that she is free from infectious tuberculosis. She must obtain this via the IoM in Bangkok, see here.

For where and how to apply for a UK visa in Thailand see Official UK visa application website in Thailand.

[bigboy221166]

Thank You So Much 7by7.

will have a good read up on your info.

the baby is mine (girl).

could my then wife work in uk as she wants to but if not thats fine too.

she has another child, not mine.

[smokie37]

Hi m8, I,m on disability myself and my wife is here with me in the uk, make sure you have your child registered as a British citizen as this will help!

You can then claim for family allowance, if you then manage to get your partner to the uk you can apply for tax credits providing your income falls

Below a certain amount, your disability allowance is not counted in this figure. If your partners visa is stamped no recourse to public funds you can

Still claim for a carers allowance in her name £55.00 p/w hope this helps, you could also put in your application that you are disabled and cannot travel

To thailand much or not at all to see your family and need them with you to look after you.. Good luck m8

[bigboy221166]

Thank You So Much Smokie37.

[bigboy221166]

Thank you all so much.

You have all given me hope.

[7by7]

could my then wife work in uk as she wants to but if not thats fine too.

If she comes with a spouse or unmarried partner visa she can work immediately. A fiance cannot work until after the marriage and they have FLR.

she has another child, not mine.

What are your plans for this child?

If the intention is to bring him/her to the UK with their mother then have a read of Settlement; children, paying particular attention to SET7.8 What is sole responsibility? Note that if you intend mother to come first and child later that the longer mother and child have been separated, the harder it will be to show sole responsibility.

[cuddleypete]

You may be able to get Carer's Allowance if you:

are aged 16 or over

spend at least 35 hours a week caring for a person

They should be getting one of the following benefits:

Attendance Allowance

Disability Living Allowance (at the middle or highest rate for personal care)

Constant Attendance Allowance at or above the normal maximum rate with an Industrial Injuries Disablement Benefit

Constant Attendance Allowance at the basic (full day) rate with a War Disablement Pension

However, you can't get Carer's Allowance if:

you're in full-time education with 21 hours or more a week of supervised study - or doing a course described as full-time by the college or establishment providing it

you earn more than £100 a week after certain deductions (like Income Tax) have been made

i would check if she can do and i do not think you can claim in her name