Self employed , gf pregnant on visitor visa , what to do?

[thomas28]

Hi

This is my second post on here , I put one up last week about my self employment situation to get my Thai gf into uk.

I'm hoping I qualify for being a non salaried employee as I've been working for an agency on cis self employed scheme and will be for the next year depending on what I found out this weekend.

We are both staying at my parents house , my bank balance isnt great as ive done lots of travelling the last few years, I'm 28 and My gf is 21 . She has been in the uk for 2 months now on her first visitor visa and we have just found out she is a few weeks pregnant this weekend . This makes my case much more difficult I feel to get her into the uk.

I have been reading on internet forums other people that have been in this situation. For my gf to get to the uk quicker, if she returned to Thailand in the next few weeks and we applied for a fiancé visa, she could have the baby in the uk .

I am not sure if you are entitled to free health care until living in the uk for 12 months?

Do you think I should wait and let her have the baby in Thailand and then apply for a spouse visa or fiancé visa and have baby in uk?

Thanks for any other advice

[thomas28]

Also one more thing.

If we have to go for the spouse visa option and have the baby in Thailand, I have thought about working in Australia until the baby is born.

Reasons for this is Perth is same time difference , money is better than uk at moment , air fares are cheaper to return to Perth than uk to Thailand.

My question is .

Can I use oversea's money earned in Australia for proof of income to apply for uk spouse visa?

[bobrussell]

If she arrives on any settlement visa (including fiance visa) she will be entitled to 'free' NHS treatment. This does not apply if it is a marriage visit visa which is little more than a glorified visit visa.

[Jay Sata]

Also one more thing.

If we have to go for the spouse visa option and have the baby in Thailand, I have thought about working in Australia until the baby is born.

Reasons for this is Perth is same time difference , money is better than uk at moment , air fares are cheaper to return to Perth than uk to Thailand.

My question is .

Can I use oversea's money earned in Australia for proof of income to apply for uk spouse visa?

I've lived in Perth in the past and have many friends there. I have to say in my opinion you are better of working in W.A than the UK.

She can be with her mum and have the baby while Perth is not too far away by air as it's only seven hours.

Yes the earnings do count towards the proof of income.

If I was a young guy again I'd be looking to Oz and not the UK for your future plans.

As you know it's a beautiful city with fantastic beaches.It's also nice and warm like Thailand.

A great place for kids and you should think about the nipper.

Why waste all that cash trying to get her to the UK.

[AnotherOneAmerican]

Take her back to Thailand, she and baby have entitlement to free health care in a Thai government hospital.

Marry the girl, so the application for the child's UK citizenship is a formality.

It doesn't give her entitlement to live in the UK but your child can.

[thomas28]

Jaysata - i lived in Perth previously on a one year working holiday visa and have a second year that I can use.

I would love to move to oz but I am from uk and can only work there for one more year on a temporary basis.

So we both have no option other than living in the uk, as I cannot earn enough money to live in Thailand.

[Bladefire]

Whereabouts are you? Who is the agency you work for. As i said in your last post, you are self employed. My wife had our baby in Thailand 16 months ago, my family arrive here shortly on settlement visas. Blade ...

[thomas28]

Blade- I'm in the uk, I spoke to a visa agent who has written to the embassy to see if I can qualify for non salaried employee. I shall find out within next week or two.

Blade- Have you been living apart from your family in uk whilst They are in Thailand?

if so , have you found it difficult ?

[Bladefire]

Yes, we have lived apart. Sacrifices have to be made. I lived in thailand, we have been together 6 years. Coming back to the uk seeking a job and being apart from my family and our little boy was the hardest. You dont need agents. Be strong, you can achieve your goals! We are about 2 weeks away from that. I can tell you so much, but not in public. I went through what you are going through right now, but painful decisions for us both had to be made. If you live near warwickshire , we will help you as much as we can. Both of you need to be strong and patient. You must stay employed if you can buddy. Good advice. Take care my friend. Blade ...

[JLCrab]

... we have just found out she is a few weeks pregnant this weekend. Family planning strikes again.

[meatboy]

... we have just found out she is a few weeks pregnant this weekend. Family planning strikes again.

you know what they are going to think [pregnantcy of convenience].

youve really put your ---- in it.

[Jay Sata]

Jaysata - i lived in Perth previously on a one year working holiday visa and have a second year that I can use.

I would love to move to oz but I am from uk and can only work there for one more year on a temporary basis.

So we both have no option other than living in the uk, as I cannot earn enough money to live in Thailand.

OK I understand.

I think I'd do a year in Perth while the nipper is still in nappies and pop back and too to Thailand.

As I said earlier it's a lot closer to the LOS and cheaper.

If you do the year then the finance thing will be sorted for entry to the UK.

Hope you'll be marrying her soon?

Having thought of asking to live in Oz?

[thomas28]

Jaysata - i lived in Perth previously on a one year working holiday visa and have a second year that I can use.

I would love to move to oz but I am from uk and can only work there for one more year on a temporary basis.

So we both have no option other than living in the uk, as I cannot earn enough money to live in Thailand.

OK I understand.

I think I'd do a year in Perth while the nipper is still in nappies and pop back and too to Thailand.

As I said earlier it's a lot closer to the LOS and cheaper.

If you do the year then the finance thing will be sorted for entry to the UK.

Hope you'll be marrying her soon?

Having thought of asking to live in Oz?

Yeah we are actually already engaged, I thought exactly what you have said .

Closer to Thailand ,same time difference , I can finance trip to uk and be ready.

I would love to live in oz, if a job sponsorship opportunity came up on my return I would not refuse it, I suppose I don't know what can happen.

I got lots of changes this next year!

[7by7]

Thomas, as I said to you here in your original topic

Have you read the financial appendix I linked to earlier?

You will see that both employed and self employed income from work outside the UK can be used to meet the requirement; but you need to provide similar evidence to that required if you had been working in the UK.

That's the simple answer, for more details you should read the appendix.

I'd also take up Tony M's offer "If you want us to try to check with UKVI at the Embassy in Bangkok ( no charge to you), then contact Paul on the office email ( or PM here). It will take about a month for them to reply, though !" were I in your position.

If you do return earlier to the UK to be employed, remember that it is not your annual income they will use, but your earnings over the 6 months prior to the application.

As Tony has already said; they will take your total earnings from that 6 months, divide it by 6 then multiply that figure by 12. If the answer is £18,600 or more you meet the requirement. If it is less, even 1p less, you don't.

So even with a salary of £30,000, if you have only worked for 3 out of the last 6 months you wont meet the requirement; whilst if you have worked for 4 out of the last 6 months you will, just.

With regard to her pregnancy, whilst in the UK as a visitor she is not entitled to any NHS treatment; except initial emergency care at an A&E department or walk in centre.

Some hospitals and doctors wont check her immigration status; but they should and if they do you will have to pay the full cost of any non emergency treatment she may receive.

Once she is back in the UK with a settlement visa, fiancée or spouse, then as she will be in the UK for a settled purpose she will be entitled to the full range of NHS treatment. Although the government are talking about changing this, so keep an eye on events.

Keep an eye on the dates as well; most airlines will not carry a pregnant woman after 32 weeks, and after 24 weeks will want a letter from a doctor saying it is safe for her to fly.

This would not be seen as an acceptable reason for extending or overstaying her visit visa as there is plenty of time for her to arrange to leave the UK before this.

Finally, I would not recommend a fiancée visa unless there is no alternative; the financial requirements etc. are the same as for a spouse, but after your marriage in the UK, which must take place within the 6 month validity of the visa, she will have to make, and pay for, a Leave to Remain application.

Better, in my opinion, for you to marry in Thailand, if possible, and she apply as your spouse.

If time allows, you could even marry whilst she is still in the UK as a visitor; see How do you give notice to marry or register a civil partnership with a registrar?

She wouild still, though, have to return to Thailand to apply for settlement as your spouse.

[Jay Sata]

Have you tried for sponsorship in Oz?

I see your skill is on the Consolidated Sponsored Occupation List.

http://www.immi.gov.au/skilled/sol/

Well whatever happens good luck with the new wife, baby and job.

[thomas28]

Thomas, as I said to you here in your original topic

Have you read the financial appendix I linked to earlier?

You will see that both employed and self employed income from work outside the UK can be used to meet the requirement; but you need to provide similar evidence to that required if you had been working in the UK.

That's the simple answer, for more details you should read the appendix.

I'd also take up Tony M's offer "If you want us to try to check with UKVI at the Embassy in Bangkok ( no charge to you), then contact Paul on the office email ( or PM here). It will take about a month for them to reply, though !" were I in your position.

If you do return earlier to the UK to be employed, remember that it is not your annual income they will use, but your earnings over the 6 months prior to the application.

As Tony has already said; they will take your total earnings from that 6 months, divide it by 6 then multiply that figure by 12. If the answer is £18,600 or more you meet the requirement. If it is less, even 1p less, you don't.

So even with a salary of £30,000, if you have only worked for 3 out of the last 6 months you wont meet the requirement; whilst if you have worked for 4 out of the last 6 months you will, just.

With regard to her pregnancy, whilst in the UK as a visitor she is not entitled to any NHS treatment; except initial emergency care at an A&E department or walk in centre.

Some hospitals and doctors wont check her immigration status; but they should and if they do you will have to pay the full cost of any non emergency treatment she may receive.

Once she is back in the UK with a settlement visa, fiancée or spouse, then as she will be in the UK for a settled purpose she will be entitled to the full range of NHS treatment. Although the government are talking about changing this, so keep an eye on events.

Keep an eye on the dates as well; most airlines will not carry a pregnant woman after 32 weeks, and after 24 weeks will want a letter from a doctor saying it is safe for her to fly.

This would not be seen as an acceptable reason for extending or overstaying her visit visa as there is plenty of time for her to arrange to leave the UK before this.

Finally, I would not recommend a fiancée visa unless there is no alternative; the financial requirements etc. are the same as for a spouse, but after your marriage in the UK, which must take place within the 6 month validity of the visa, she will have to make, and pay for, a Leave to Remain application.

Better, in my opinion, for you to marry in Thailand, if possible, and she apply as your spouse.

If time allows, you could even marry whilst she is still in the UK as a visitor; see How do you give notice to marry or register a civil partnership with a registrar?

She wouild still, though, have to return to Thailand to apply for settlement as your spouse.

7by7 -

In the appendix 5.4.5 - gives an example of working with a current employer overseas for under 6 months but meeting the financial requirement of £18600.

Now if I'm going to work in Australia and meet the requirement to sponsor my wife, it states you need to show that you will have employment within 3 months of our return to the uk with a salaried or non salaried employee.

Does this mean being self employed when I come back to the uk and starting a job for an construction agency as we have previously discussed. would i be classed as non salaried job ??

Would this employment meet the returning to the uk requirements?

Cheers for your help 7by7

[thomas28]

Have you tried for sponsorship in Oz?

I see your skill is on the Consolidated Sponsored Occupation List.

http://www.immi.gov.au/skilled/sol/

Well whatever happens good luck with the new wife, baby and job.

Electrician is on the list . But I'll wait and see.

[Jay Sata]

There is plenty of work in the mines up north fly in fly out .

You already have a tax file number etc so it should not be too hard.

[7by7]

7by7 -

In the appendix 5.4.5 - gives an example of working with a current employer overseas for under 6 months but meeting the financial requirement of £18600.

Now if I'm going to work in Australia and meet the requirement to sponsor my wife, it states you need to show that you will have employment within 3 months of our return to the uk with a salaried or non salaried employee.

Does this mean being self employed when I come back to the uk and starting a job for an construction agency as we have previously discussed. would i be classed as non salaried job ??

Would this employment meet the returning to the uk requirements?

A good question, and frankly one I'm not sure of the answer to.

Have you taken up TonyM's offer to take this up with UKV&I on your behalf?

[thomas28]

7by7 -

In the appendix 5.4.5 - gives an example of working with a current employer overseas for under 6 months but meeting the financial requirement of £18600.

Now if I'm going to work in Australia and meet the requirement to sponsor my wife, it states you need to show that you will have employment within 3 months of our return to the uk with a salaried or non salaried employee.

Does this mean being self employed when I come back to the uk and starting a job for an construction agency as we have previously discussed. would i be classed as non salaried job ??

Would this employment meet the returning to the uk requirements?

A good question, and frankly one I'm not sure of the answer to.

Have you taken up TonyM's offer to take this up with UKV&I on your behalf?

I spoke to Paul at Thaivisaexpress , he has written a letter to see if I can be classed as a non salaried employee working in the uk for 6 months but this is a totally new question now.

I wonder if I call the ukba they can give me an answer!

[Jay Sata]

I guess you'll also have to think about time running out to work in Oz if you want to pursue getting a migrant work visa.