Do I Have A Hope In Hell?

[Mister Fixit]

I've been here pushing 8 years and am due for my UK pension in a few years (I'm 63 and could get Pension Credit now if I went back any time soon). It's unlikely I'd get a job at my age, although I could do some part time teaching for non-English speakers I suppose, although I have no quals, just plenty of experience.

I've been teaching at various places (schools, language schools, companies) over all my years here and have a lot of experience of all types and levels of teaching English..

However, I took my girlfriend back to the UK in May for 6 weeks and she loved it and wants to go to live there. I have to say that living in Thailand has begun to pall for me and I am starting to think of returning. My mum is in her late 80's and although reasonably healthy, she won't last for ever. There's a lot of Thais in my home town and she wouldn't want for new friends. She made three in a week!

HOWEVER, I an not married to her, but we could do so. Further, I am not well-off. I would be eligible for Pension Credit, as I say, but she would not be able to have access to public funds.

All is not lost though, as she is a trained (proper) Thai masseuse with her own spa and lots of Thai qualifications. She is also trained in Thai herbal medicine with a diploma (or maybe degree, not sure). She was told by the nurse at my GP's practice that she could easily get worrk massaging at Old Folk's homes as UK masseuse' don't like to do them. She can charge anything from £30 to £40 an hour in the UK

I;m just exploring this idea, but all suggestions welcome.

What I suppose I am asking is this -

If we were married, could I take her back to the UK, get my pension and she get a job either in a Thai spa or set up her own business? I think she'd have to have a job offer first from a UK company - am I right?

Or would I have to go back first, set everything up and then come back here for a while to help her make the application?

I'm sure there's a lot more to this than I know, so please point me in the right direction if anyone knows.

Many thanks for reading.

Edited November 27, 2011 by Mister Fixit

[7by7]

To qualify for settlement as your unmarried partner the two of you need to have been living together outside the UK in a relationship akin to marriage for at least the last two years, and have documentary evidence to prove it. an unmarried partner visa is valid for 27 months and after living in the UK for 24 months she can apply for Indefinite Leave to Remain.

If she doesn't qualify as an unmarried partner she can apply either as your fiance or your wife.

A fiance visa is valid for 6 months, and she must enter the UK during that time, marry you and then apply (and pay for) for a 24 month extension known as Further Leave to Remain. At the end of the 24 months she can apply for ILR.

A spouse visa means that you are already married. it is valid for 27 months and after 24 months in the UK she applies for ILR.

If she enters as a spouse or unmarried partner then she can work immediately, but if she enters as a fiance then she cannot work until after the marriage and she has FLR. Because of this, and the extra application and fee involved, I would not recommend a fiance visa unless you have strong reasons for marrying in the UK rather than Thailand.

For more, see the relevant section under Settlement.

Whichever category she chooses, she will need to obtain a TB certificate and show that she meets the basic speaking and listening English language requirement.

More details of how and where to apply can be found on the UK Border Agency in Thailand website.

In order to be successful she will need to show that she will be adequately maintained and accommodated without recourse to public funds.

Maintenance can be provided from the resources of the applicant (her), the sponsor (you), a third party or any combination of these. Whoever is contributing towards her maintenance must produce evidence that they have the resources to do so.

Although she will be unable to receive most public funds until she has ILR, you can claim any and all to which you are entitled; though you cannot claim any extra due to her living with you. The exception is tax credits. HMRC rules say that a married couple must make a joint claim for these, so if you are going to claim them then her name not only can, but must be included.

However, as you are currently living in Thailand, my opinion is that any application from her which relied on funds you may be able to claim once in the UK would probably fail. ECOs are not qualified to assess whether any such claim would be successful or not; they want to see that such monies are already available to you.

Her, and your, employment prospects in the UK can also be considered, and you should provide as much evidence of these as possible. A definite job offer would obviously be best.

Accommodation can also be provided by a third party; your mother? The person offering accommodation will need to show that they have the power to do so, i.e. either own the property or if renting have their landlord's permission, and that there will be at least one room available for the exclusive use of you and your wife.

See Maintenance and accommodation.

[7by7]

Forgot to add that the government are currently considering proposals that those sponsoring a settlement visa for their partner should have a minimum pre tax income. The figure suggested is between £18,600 and £25,700.

These are just proposals at the moment, and no one can say when, or even if, they will be introduced.

But you should bear this in mind.

See this topic for more on this.

[Mister Fixit]

Forgot to add that the government are currently considering proposals that those sponsoring a settlement visa for their partner should have a minimum pre tax income. The figure suggested is between £18,600 and £25,700.

These are just proposals at the moment, and no one can say when, or even if, they will be introduced.

But you should bear this in mind.

See this topic for more on this.

Many thanks for both useful replies.

We got a 6 month 'visiting friends and fanily' visa earlier this year on the basis we had been together 4 years (4.5 now) but that has expired.

I'll read the rest of your posts carefully before replying furher, but what about work?

I shall be on the State Pension, but can she work as a masseuse as she has her own spa here? I doubt I will get the couples component for the pension, but she should be able to earn her own money. Will that reduce my pension?

Edited November 27, 2011 by Mister Fixit

[Mister Fixit]

Forgot to add that the government are currently considering proposals that those sponsoring a settlement visa for their partner should have a minimum pre tax income. The figure suggested is between £18,600 and £25,700.

These are just proposals at the moment, and no one can say when, or even if, they will be introduced.

But you should bear this in mind.

See this topic for more on this.

Yes, I read that a few days ago. I certainly can't match that as I wll be on a State Pension

[a99az]

Have you thought about living in another part of Europe it would be easy and the visa is free if you guys where married. On the plus side your wife would get a residency card very fast. I'm talking weeks not years.

[7by7]

Mister Fixit,

If you have been living together in a relationship akin to marriage for the last 4 years then she does qualify as your unmarried partner.

As said earlier: if she enters as a spouse or unmarried partner then she can work immediately, but if she enters as a fiance then she cannot work until after the marriage and she has FLR.

To obtain residency in another EEA state for your wife under the EEA regulations, you would have to be exercising an economic treaty right there; employed, self-employed, studying or living on independent means. Living off your pension would qualify for this. Although this would, in some ways, be easier to obtain than a UK settlement visa, and free, you would still need to show that you have the funds to support yourselves without claiming public funds in whichever EEA state you chose.

She will be able to work in that state.

One advantage is that after exercising your treaty rights in another EEA state for a period (no minimum is specified) you could then move to the UK and your wife could apply to accompany you under the EEA regulations, not the UK immigration rules.

If you followed the EEA route it would take 5 years for your wife to qualify for permanent residency as opposed to two years to qualify for Indefinite Leave to Remain (essentially the same thing) in the UK under the immigration rules.

I say 'wife' as fiance's do not qualify under the EEA regulations; unmarried partners do, but each state has a different definition of what constitutes an unmarried partner. If you want to follow this route, it would be lot simpler if you were married.

This is the guidance issued to UKBA staff. Although different member states have different procedures, the rules and regulations are the same for all, so it will give you an idea of what's involved. For the specifics you should check with the state you do decide to live in; if this is the way you want to go.

[Mister Fixit]

Have you thought about living in another part of Europe it would be easy and the visa is free if you guys where married. On the plus side your wife would get a residency card very fast. I'm talking weeks not years.

Where would you suggest? I speak French, and a pal says Cyprus might be good.