Preparing 2Nd Uk Visa Settlement,If They Say No Is It Much Easier In Spain ?

[kobrien]

I am a month away from applying for a UK settlement visa for my Thai wife and 10 month old baby,who has a UK passport.

I am so tired with the process I dont think I could go through the same ordeal again if we were to be rejected,after returning to the UK it took me several months to find two jobs that cover £18600 threshold,I am now 1 month away from having 3 payslips to send as proof my earnings.

In the past year we have spent a couple of months together which is causing a great deal of strain.

If for any reason the UK refuse our application, how easy is it to apply for settlement in Spain,my son and me both have UK passports its just my wife who only has a Thai passport.

We need to be together now,I dont think I could earn a decent living in Thailand,at present I work for a travel company and I specialise in the Asian market,I have been told it may become possible to work from home

so my idea is to be based in Spain whilst working from home with my current employer.

Is the process easier and quicker to gain a settlement visa in Spain ?

[7by7]

Assuming that you are an EEA national, for example British, then were you to be living and exercising an economic treaty right in another EEA country, for example Spain, then your wife would qualify to join you under the EEA freedom of movement rules; just as she would if you were Spanish and exercising an economic treaty right in the UK.

I am not sure, though, if living in Spain but working from home for a UK employer, presumably over the net, would qualify as exercising an economic treaty right in Spain.

Different EEA countries have different processes for dealing with such applications, and i am not sure of the Spanish one.

However, the rules are the same throughout the EEA, so having a look through the UK procedure will give you an idea of what's required.

BTW, it will be free.

[bobrussell]

If you have an income above the £18600 then you have done much of the hard work to meet the new draconian income rules. Better to try to get the UK settlement visa if you can.

Hopefully by the time your wife needs to extend her visa the rules will have been challenged and there is a chance you will just have to show that your income is sufficient to support your wife/family rather than hit a 'target' figure.

Does your employer have a presence in Spain? If so and they pay you from Spain then the treaty right is a good fall-back.

[kobrien]

Thanks for your quick replies guys,so ignorning the issue of my UK employer,you are saying I could have my wife come stay with me as a matter of right rather than having to meet certain criteria as you do with the UK ?

My first choice is still the UK as mentioned but I have got to have a plan B,I would seriously consider applying for tourist visa to Spain for her,I read you can get 90days,and then apply for Settlement whilst we are there,I'm sure this would involve her going back home once or twice but atleast we would be together as a family.

My only concern over the UK settlement is the request for 6 payslips,I would be only applying with 3 months worth,some people have told me this is not enough,others have told me its fine as long as you explain the reason you only have three months,I would rather get confirmation before wasting £1000 on the application.

Spain was always a place I imagined retiring to,I guess from what you guys are saying I may be heading there sooner than I anticipated.

My plan if the UK option fails would be to obtain a spanish visa for my wife which I'm hoping she can obtain from a Spanish embassy in Thailand ?

[VisasPlus]

Thanks for your quick replies guys,so ignorning the issue of my UK employer,you are saying I could have my wife come stay with me as a matter of right rather than having to meet certain criteria as you do with the UK ?

My first choice is still the UK as mentioned but I have got to have a plan B,I would seriously consider applying for tourist visa to Spain for her,I read you can get 90days,and then apply for Settlement whilst we are there,I'm sure this would involve her going back home once or twice but atleast we would be together as a family.

My only concern over the UK settlement is the request for 6 payslips,I would be only applying with 3 months worth,some people have told me this is not enough,others have told me its fine as long as you explain the reason you only have three months,I would rather get confirmation before wasting £1000 on the application.

Spain was always a place I imagined retiring to,I guess from what you guys are saying I may be heading there sooner than I anticipated.

My plan if the UK option fails would be to obtain a spanish visa for my wife which I'm hoping she can obtain from a Spanish embassy in Thailand ?

The new financial requirements are quite specific, and are now law, not guidance. They say ( my bold type):

2. In respect of salaried employment in the UK, all of the following evidence must be

provided:

b The P60 for the relevant period or periods (if issued).

c Wage slips covering:

(i) a period of 6 months prior to the date of application if the applicant

has been employed by their current employer for at least 6 months;

or

(ii) A period of 12 months prior to the date of application if the

applicant has been employed by their current employer for less than

6 months.

(d) A letter from the employer confirming:

(i) the person’s employment and gross annual salary;

(ii) the length of their employment;

(iii) the period over which they have been or were paid the level of

salary relied upon in the application; and

(iv) the type of employment (permanent, fixed-term contract or

agency).

(e) A signed contract of employment.

(f) Monthly personal bank statements corresponding to the same period as the

wage slips at paragraph 2©, showing that the salary has been paid into an

account in the name of the person or in the name of the person and their partner

jointly.

If you submit only 3 months, then I think you might well be refused.

Edited July 27, 2012 by VisasPlus

[Ch23]

Thanks for your quick replies guys,so ignorning the issue of my UK employer,you are saying I could have my wife come stay with me as a matter of right rather than having to meet certain criteria as you do with the UK ?

My first choice is still the UK as mentioned but I have got to have a plan B,I would seriously consider applying for tourist visa to Spain for her,I read you can get 90days,and then apply for Settlement whilst we are there,I'm sure this would involve her going back home once or twice but atleast we would be together as a family.

My only concern over the UK settlement is the request for 6 payslips,I would be only applying with 3 months worth,some people have told me this is not enough,others have told me its fine as long as you explain the reason you only have three months,I would rather get confirmation before wasting 1000 on the application.

Spain was always a place I imagined retiring to,I guess from what you guys are saying I may be heading there sooner than I anticipated.

My plan if the UK option fails would be to obtain a spanish visa for my wife which I'm hoping she can obtain from a Spanish embassy in Thailand ?

The new financial requirements are quite specific, and are now law, not guidance. They say ( my bold type):

In respect of salaried employment in the UK, all of the following evidence must be provided:

( The P60 for the relevant period or periods (if issued).

© Wage slips covering:

(i) a period of 6 months prior to the date of application if the applicant has been employed by their current employer for at least 6 months;

or

(ii) A period of 12 months prior to the date of application if the applicant has been employed by their current employer for less than 6 months.

(d) A letter from the employer confirming:

(i) the person’s employment and gross annual salary;

(ii) the length of their employment;

(iii) the period over which they have been or were paid the level of salary relied upon in the application; and

(iv) the type of employment (permanent, fixed-term contract or agency).

(e) A signed contract of employment.

(f) Monthly personal bank statements corresponding to the same period as the wage slips at paragraph 2©, showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

If you submit only 3 months, then I think you might well be refused.

Could part d. Of those requirements be enough without any pay slips? The 'or' in your quote makes me think there are several ways of making them satisfied?

[Ch23]

Or even part (e) looks the easiest to me. I wonder how much checking is involved? They just need one docment. If you have any savings above 16,000 gpb. ( u or ur wife) this can help reduce the requirement.

[kobrien]

I have been paying two lots of rent for the last few year so this has taken a lot of my savings,I really would like to know if anyone recently has been succesful with less than 6 months(payslips) and a letter or contract from work. (option d or e )

[VisasPlus]

Thanks for your quick replies guys,so ignorning the issue of my UK employer,you are saying I could have my wife come stay with me as a matter of right rather than having to meet certain criteria as you do with the UK ?

My first choice is still the UK as mentioned but I have got to have a plan B,I would seriously consider applying for tourist visa to Spain for her,I read you can get 90days,and then apply for Settlement whilst we are there,I'm sure this would involve her going back home once or twice but atleast we would be together as a family.

My only concern over the UK settlement is the request for 6 payslips,I would be only applying with 3 months worth,some people have told me this is not enough,others have told me its fine as long as you explain the reason you only have three months,I would rather get confirmation before wasting 1000 on the application.

Spain was always a place I imagined retiring to,I guess from what you guys are saying I may be heading there sooner than I anticipated.

My plan if the UK option fails would be to obtain a spanish visa for my wife which I'm hoping she can obtain from a Spanish embassy in Thailand ?

The new financial requirements are quite specific, and are now law, not guidance. They say ( my bold type):

In respect of salaried employment in the UK, all of the following evidence must be provided:

( The P60 for the relevant period or periods (if issued).

© Wage slips covering:

(i) a period of 6 months prior to the date of application if the applicant has been employed by their current employer for at least 6 months;

or

(ii) A period of 12 months prior to the date of application if the applicant has been employed by their current employer for less than 6 months.

(d) A letter from the employer confirming:

(i) the person's employment and gross annual salary;

(ii) the length of their employment;

(iii) the period over which they have been or were paid the level of salary relied upon in the application; and

(iv) the type of employment (permanent, fixed-term contract or agency).

(e) A signed contract of employment.

(f) Monthly personal bank statements corresponding to the same period as the wage slips at paragraph 2©, showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

If you submit only 3 months, then I think you might well be refused.

Could part d. Of those requirements be enough without any pay slips? The 'or' in your quote makes me think there are several ways of making them satisfied?

It is not a choice of documents. The or refers to the 6 month or 12 months only in option c. All of the other documents are required - P60, contract, etc.

[VisasPlus]

I have been paying two lots of rent for the last few year so this has taken a lot of my savings,I really would like to know if anyone recently has been succesful with less than 6 months(payslips) and a letter or contract from work. (option d or e )

Nobody will be able to tell you if they have been successful with less than 6 months worth of payslips or not as requirement ( law) only came into effect on the 20th of July. No applications will have been decided yet.

The point is, you asked for advice on whether 3 months worth of payslips is acceptable. The answer is no it isn't. If you want to be the first to try with 3 months worth, then go ahead. As I said earlier, you are likely to be refused.

[kobrien]

OK visa plus,thank you for honest and direct answer,I will have to look at the Spanish/other European country option as I cannot keep my family waiting any longer,thanks again.

[bobrussell]

You are halfway to the settlement visa and whilst the separation is tough and arguably unacceptable in human rights terms (real not legal!), the second three months is only twelve weeks!

If you can keep your income up then you are pretty much there.

I would assume the numbers applying under the new rules will be lower so the delay while the Embassy process the application may be shorter than it otherwise would be! It is quite possible your family could be over here before you know it!

Don't fight the system at this stage (you will lose!). Let the appeals be done by others and let them pay the costs!

Move to Spain if that is where you want to be otherwise be patient for a few more weeks.

[7by7]

If you were to exercise your economic treaty right to live in Spain, or any other EEA state, as an employed or self-employed person then once your wife had joined you there you could then use the EEA regulations to move back to the UK.

EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases)

It does not matter if the only reason the British national went to another Member State was to exercise an economic Treaty right was so that he / she could come back to the UK with his / her family members under EC law.

Of course, by the time you had sorted out a move to Spain and your employment, assuming your boss would wear it as you have only been there 3 months, another 3 months may very well have passed!

Then there's the cost of a relocation to Spain followed by a relocation back to the UK shortly afterward.

But one major factor is the question I posed earlier; namely would living in Spain but working over the net for a UK company, and presumably being paid into a UK bank, count as exercising an economic treaty right?

Anyone?

[kobrien]

I have kept my family waiting for over a year,a few months seeing them here or there hardly improves the situation,I work for a UK travel firm who allow people to work from home,if there is no argument about me working from Spain, I can still pick up my UK payments into my UK bank account and re apply several months later,mentally my wife and I have reached our breaking point,as far as I can see,on the Spanish website there is little required apart from proof of our marriage,some medical insurance and general copies of I.D. and bank statements...

The fact that the spouse visa is free of charge is also another reason to move in the Spanish direction.

Thank's for all your responses,this site is a life saver at times !

[crille30]

I have kept my family waiting for over a year,a few months seeing them here or there hardly improves the situation,I work for a UK travel firm who allow people to work from home,if there is no argument about me working from Spain, I can still pick up my UK payments into my UK bank account and re apply several months later,mentally my wife and I have reached our breaking point,as far as I can see,on the Spanish website there is little required apart from proof of our marriage,some medical insurance and general copies of I.D. and bank statements...

The fact that the spouse visa is free of charge is also another reason to move in the Spanish direction.

Thank's for all your responses,this site is a life saver at times !

If you can work from home from spain,that means you can work any were in the world from home?Have you thought about work at home fom Thailand for lets say 3 months?If you can work from spain why not from here?then you have your paychecks in to your UK bank ,and you get a turistvisa from UK 60+.30days done? Edited July 27, 2012 by crille30

[kobrien]

I was under the impression that if you have previously applied for Settlement you will always get refused for a tourist visa,the fact that we are married and have child gives the UK the excuse that my wife would not want to return home.

Tried this before and it was rejected on these grounds.thanks all the same

[crille30]

I was under the impression that if you have previously applied for Settlement you will always get refused for a tourist visa,the fact that we are married and have child gives the UK the excuse that my wife would not want to return home.

Tried this before and it was rejected on these grounds.thanks all the same

Are you sayng you cant even go to Thailand and just get 30 visa on arrivel?of course you can go her,And when you are here no problem to ex fly to KL or any were ,and get 30day again,and then one more time.This you can do,and the plain ticket are very chep with Airasia.or worst case take a minibus visa trip every 15days.But ok Spain sounds not to bad to. Edited July 27, 2012 by crille30

[kobrien]

OK,I got the wrong end of the stick,I thought you were refering to my wife applying for a tourist visa to come to the UK.

I am awaiting news to see if I can work from home in Europe,mainly because I have to come into the office to every other month for a meeting/update,I would struggle to do that from Thailand,thanks for the idea anyway.

[crille30]

OK,I got the wrong end of the stick,I thought you were refering to my wife applying for a tourist visa to come to the UK.

I am awaiting news to see if I can work from home in Europe,mainly because I have to come into the office to every other month for a meeting/update,I would struggle to do that from Thailand,thanks for the idea anyway.

well god luck,sure it work out some how.

[shiatsuman]

Kev, if you were serious about getting the Spanish Documentation together for yourself. I think you could do it in about 3 months but you would have to allow6 in case of a hold up with the Residencia.

You would need to come to Spain take a 6 month rental contract get your NIE, from the Policia National, which if I remember only requires the passport and rental contract, then the empardomento from the aunemiento *local council* where you will need the NIE. After you can get a residencia again from the officna de extrajeros of the Policia National using basically the same documents. You should then have enough documentation to go back to BKK and obtain a family reunion visa for the wife.

Just one warning the above documentation does not cover any health education or social services and that could be an issue as they are really cutting back on the funding to all those services, the consulate in BKK may ask that question.

A lot of people do homework on the costa del sol as there are cheap flights from malaga

[abrahamzvi]

According to the rules applying anywhere in the EU, or EEC, a citizen of a member country has the automatic right to settle down in any other member country, unless there are well defined reasons for refusing this (high criminal record, infecting serious diseases and the like). On arrival an application has to be made to the applicable authorities and a residence permit valid for 5 years (allowing any employment or other activities) is issued. This automatically applies to a non EU citizen spouse of an EU citizen. The result is that it is easier for a citizen married to a non citizen to reside with his/her spouse in any other country in the EEC, than his /her own country, which may have more stringent entry regulation for non citizen spouses of its own citizens. This situation applies for example in Germany, Denmark, UK and apparently now also in Italy. The paradox is that a Thai wife of a German citizen will obtain automatically a 5 year residence permit with her German husband in Denmark, whereas a Thai wife (or husband) of a Danish citizen would only be entitled (subject to various regulations, such as a certain command of the Danish language, proof of Danish spouse's earnings etc) to a more limited (time wise and quality wise) permit. This is the situation from a legal point of view, at least for the time being.

[kobrien]

Hi guys,my plan at present is to apply for a tourist visa for my wife to come to spain,please let me know otherwise but my idea

is to apply for the tourist visa(3months) she then goes back to Thailand at the end of the three months,by this stage I will have lived and sorted my residence out in Spain and can then apply for her to come live in Spain long term ?

Is this possible ?

As mentioned this is a time issue,can I apply for a tourist visa as she is only visiting me in Spain ? On the EU website it states you do not need to state where you are living as this is against EU rules ? they even state a sample problem with the Spanish authorities being corrected on a refusal based upon them asking for an address in Spain ? my idea was to apply from the UK for her to join me in Spain,waiting three months would be no good to us

Edited July 29, 2012 by kobrien