Uk Settlement Advice

[Crill]

Hi all. First off been reading these forums for years and really appreciate all the helpful people giving their advice and comments.

Decided to start a thread as like most forever confused trying to keep up with all the changes going on with spouse settlement ilr visas for moving back to the UK.

Mostly confused with the. financial requirements. Little background on me. I have been here pushing on ten years and happily married for over 6 years and as our two children are reaching school age we think its time to move back. As we have been married and living outside of the UK for over 4 years does this still count towards shortening the overall visa steps or is this too now changed?

I am in a fortunute situation as back in the uk have a family business so am able to go back and work straight away and meet the 25,200 pounds or whatever amount. My question is would I actually need to go home and start work before my family could join me as this would be the worst possible solution or would just a contract stating immediate start date and salary to meet requirements be enough? Also very confused as to The English a1 requirements, we plan to leave April of 2014 so am I right in thinking that the A1 will no longer be valid? If so what are the new requirements?

Also I understand the new rules to mean that on the uk side progressing one level on an ESOL course will no longer be viable and now must be the life in the UK test?

Again thanks to all that have and continue to help and guide people on these forums. Thanks a lot.

[MrZM]

I can help you with a little bit.

Firstly I am under the impression the children are yours, therefore I would assume they have in British passports and already have the rights of a British citizen. If this is so, you would need an income of £18,600 a year as you would only be sponsoring your wife.

As I am in a similar position, I believe under the new rules you would need to prove an income including 6 months pay slips and a P60 (I am not sure you can use the fact you have a job waiting for you when you return).

[7by7]

Indefinite Leave to Enter for the spouse/partner of a British citizen where the couple have been living together outside the UK for at least 4 years has been abolished; your wife will now have to apply for an ordinary spouse visa, extend it after 30 months in the UK and apply for ILR 30 months after that; i.e. after living in the UK for 5 years.

If the children are yours and therefore hold dual British/Thai nationality then they do not need visas to enter or live in the UK; but you should get British passports for them if you have not already done so. Because they wont need visas they will not be included in the financial requirement.

If you have a definite job once in the UK with an income at or above the requirement, and have been earning the required amount or more for at least the last 6 months in Thailand, then this does, I think, meet the financial requirement. But check here. You can use any savings and unearned income you or your wife may have to reduce the required earned income, but not any earned income your wife may have once she is in the UK.

Remember that as you will not be applying until next April that the required minimum may change before then.

At present, the A1 speaking and listening test is still required for her initial visa application in Bangkok and the extension required after living in the UK for 30 months. Whether this will change before next April, I don't know.

After living in the UK for 5 years she will apply for Indefinite Leave to Remain, when she will need to have passed the Life in the UK test. and obtained level B1 of the CEFR in speaking and listening, or better.

You may find UK Settlement Visa Basics helpful.

[7by7]

If you have a definite job once in the UK with an income at or above the requirement, and have been earning the required amount or more for at least the last 6 months in Thailand, then this does, I think, meet the financial requirement. But check here.

Having looked at the document again, I'm now not sure about the highlighted bit.

From 5.3.1 Category A: salaried employment for the last 6 months; final paragraph.

In Addition, where the applicant’s partner is returning with the applicant to the UK to work, the partner must have confirmed salaried employment to return to in the UK (starting within 3 months of their return). This must have an annual starting salary sufficient to meet the financial requirement applicable to the application, alone or in combination with any or all of the items in 5.3.1.

It's the in addition; I think this means in addition to earning the required amount, or more, outside the UK in the 6 months prior to applying.

Hopefully VisasPlus or someone as knowledgeable will be along to clear this up.

Edited October 8, 2012 by 7by7

[ThaiVisaExpress]

You would need to go back to the UK & commence work your not receiving any salary at the moment are you ?

[7by7]

He must have some form of income, surely? He's been living in Thailand for 10 years on something. It doesn't have to be earned income.

£18600 p.a. is about 77500 baht per month. If he's had an income of this, or more, earned or unearned, during the last 6 months and either this income will continue once he is in the UK or he has a confirmed job offer starting within 6 months of arrival with a salary of £18600 or more then does this not meet the requirement?

[ThaiVisaExpress]

Depends what his income is in Thailand 7/7 & maybe its savings ?

• We have no clarification yet ?
  
• It could be made up of pensions?
  
• Is he employed in the UK?
  
• Is it rental income ?
  
• pension income ?
  
• Savings ?
  

We need to know some further details in regards to the source of the income ?

Edited October 9, 2012 by ThaiVisaExpress

[ThaiVisaExpress]

He must have some form of income, surely? He's been living in Thailand for 10 years on something. It doesn't have to be earned income.

£18600 p.a. is about 77500 baht per month. If he's had an income of this, or more, earned or unearned, during the last 6 months and either this income will continue once he is in the UK or he has a confirmed job offer starting within 6 months of arrival with a salary of £18600 or more then does this not meet the requirement?

He must still need to produce the specified evidence see attached.

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix-fmse/

[VisasPlus]

It's fairly complicated. To qualify immediately, the sponsor has to show that he has had an income from a salary for 6 months prior to the point of application, either in the UK or in Thailand. The income must be the equivalent of 18,600 GBP ( for a wife only) a year even if it is earned outside the UK. If this were not so, then the sponsor would have an unfair advantage over sponsors in the UK who have to meet the income requirement ( which includes being employed for at least 6 months). He will, I think, also have to show that he has a job, or income, awaiting him in the UK within 3 months.

If the claimed income is not from salaried employment either inside or outside the UK, then the income must be from another source. The sponsor may be self-employed, or earning a salary from the family business. This has to be proved by the specified documentary evidence. Alternatively, the sponsor can show savings in the UK or elsewhere, at the required level ( 62,500 GBP if it is for the wife alone, more if the children are no British citizens ). Savings can be combined with salaried income to meet the requirement, but cannot be combined with income from self-employment in order to meet the financial requirement. One of the problems with going down the self-employed ( as a partner/sole trader,/etc ) route ( unless salaried ) is that the sponsor needs to show tax returns, NI contributions, etc.

The above might not be a full explanation, but it does set out some of the principles involved.

Edited October 9, 2012 by VisasPlus

[ThaiVisaExpress]

If he is employed overseas please see below & returning to the UK :

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

The P60 for the relevant period or periods of employment relied upon (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) any period of salaried employment in the 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(s) who issued the wage slips at paragraph 2© 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 for employment currently held.

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

3. In respect of salaried employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 2.

4. In respect of a job offer in the UK (for an applicant's partner or parent's partner returning to salaried employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM) a letter from the employer must be provided:

(a) confirming the job offer, the gross annual salary and the starting date of the employment which must be within 3 months of the applicant's partner's return to the UK; or

(enclosing a signed contract of employment, which must have a starting date within 3 months of the applicant's partner's return to the UK.

We require clarification of his income levels.

Edited October 9, 2012 by ThaiVisaExpress

[Crill]

Thanks to all of you that have commented and offered your advice. I am currently working in Thailand and do meet the 18,600 pound salary requirement so hopefully that means I wont have to leave my family here while I go back to start work. Again some of these visa rules are pretty confusing and hopefully they will become clearer soon! Again thanks you all for helping and giving your advice it is very much appreciated.

[VisasPlus]

Thanks to all of you that have commented and offered your advice. I am currently working in Thailand and do meet the 18,600 pound salary requirement so hopefully that means I wont have to leave my family here while I go back to start work. Again some of these visa rules are pretty confusing and hopefully they will become clearer soon! Again thanks you all for helping and giving your advice it is very much appreciated.

You're welcome.

Bear in mind this sentence concerning specified evidence of employment from salaried employment outside UK :

In respect of salaried employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 2.

Paul, from Thai Visa Express has quoted the full paragraph above. So, to fulfill the requirements you will need to provide some "reasonable equivalent" of P60, wage slips, contract of employment, etc.

[ThaiVisaExpress]

The problem is a lot of people cannot supply the documents required.

[MrZM]

Be a lot easier if they gave us a straightforward list of each document required for an individuals position. Ie self employed, employed, on savings.

Instead of a 50+ page book, section by section explanation. It gets really confusing as it repeats a lot.

[ThaiVisaExpress]

it does give you the specified documents required however can you supply them ?

[MrZM]

Time will tell