Uk Visa - Which Approach?

[Farang0tang]

I am UK national, but non-resident.

I work abroad, and visit my Thai GF and our young daughter every couple of months.

Daughter has dual nationality.

We are thinking of moving to UK to get daughter into UK education.

I would still need to leave UK regularly to work overseas - returning every couple of months, leaving the GF in UK with our child.

How best should I approach the Visa situation with regards to my GF?

Many Thanks.

[VisasPlus]

When you say non-resident, do you mean that you work overseas, and are paid from overseas ? More often than not, this means that you do not pay UK tax. If so, then you may have a problem. The immigration rules, and certainly the new rules coming into effect next month say:

As now, the sponsor must remain ordinarily resident in the UK (broadly, here more of the year than not and subject to UK taxation) and, except where they are returning to the UK with an applicant for entry clearance, they must be physically present in the UK at each application stage. The current exemption from this for sponsors who are members of HM Forces or FCO, DFID or British Council staff will be extended to UK Border Agency and other Home Office staff.

You will also be required to show evidence of the fact that you are employed in the UK, and pay UK tax. I think, otherwise, you will be considered as working overseas. It seems that the new rules will require the sponsor to be resident in the UK, and to provide evidence of this in the form of P60s, salary slip, etc. The guidance published today says this :

The evidential requirements are:

Salaried employment: All of the following must be submitted:

•

P60 (if this has been issued) and wage slips for the six month period prior to the application, or as appropriate, for the 12 month period prior to the application.

•

Letter from the employer confirming the person’s employment and annual salary, the length of their employment (and the period over which they have been or were paid the level of salary relied upon in the application), and the type of employment (permanent, fixed-term contract or agency).

•

A copy of the employment contract.

•

Bank statements corresponding to the same period as the wage slips, showing that the salary has been paid into the person’s account.

If you are returning to the UK to work, then you will need to show:

Job offer in the UK (returning sponsor):

•

Letter from the employer confirming the job offer and salary or enclosing a signed contract of employment, to commence within three months of the sponsor’s return to the UK.

[Farang0tang]

Yes work/paid overseas - Afghanistan - though directly into UK bank account. And you are right, I am currently not subjected to paying any Tax.

Seems stupid rules, but it was what I was fearing.

If I give-up my job, due to its specialised nature, I would have to find a new career. Not going to happen at my age, or with a salary to match the new requirements.

Seems the kid will not get her UK education, because her mother would not be allowed to stay and mother her child.

P.S. Perhaps I should employ a Filipino nanny, and just have the mother over regularly on tourist visas!

Edited June 12, 2012 by Farang0tang