UK Spouse Visa - Working in Thailand - Financial Requirements

[Donald5000]

Hi All!!

Thank you for your help.

I have been working in Thailand for over 6 months (but less than 1 year) at a salary over 18,600 (GBP). I have an offer for a job in the UK (also over 18,600) and would like to know if the spouse (wife) will be eligible for the UK spouse visa?

I am a British citizen and the wife is Thai.

Can she just apply now or do I need to go back to the UK and then work there for 6 months first?

I am aware she needs to do some English test and medical tests in Thailand too. Correct?

Are there any matters that could be a problem based on the above?

Thnks!!!

Edited October 21, 2013 by Donald5000

[7by7]

From what you have said, I think that you fall into category A of the financial requirement and that Para 5.2 applies to you.

Which basically means that provided

• you have been working, employed or self employed, in Thailand for at least the 6 months prior to the application being submitted,
• you are still in that job when the application is submitted,
• you are receiving a regular, non variable income equating to at least £18,600 p.a.,
• you have a definite job, employed or self employed, starting within 3 months of your return to the UK with an income of at least £18,600 p.a. and
• you can provide the required documents to prove all of the above

then you meet the financial requirement.

Note that the minimum earned income required can be reduced if you or your wife have any unearned income or cash savings.

If you do meet the financial requirement, then there is no need for you to return to the UK to work for 6 months before your wife can apply.

Yes, she does need an English test and a TB test; details of which can be found in the pinned topic UK Settlement Visa Basics.

Edited October 21, 2013 by 7by7

[Donald5000]

Thank you for the good news!

Can you please also tell me if my housing allowance is considered part of my qualifying salary/income (it is given as a monthly sum and I pay tax on it)?

Thanks!

Edited October 22, 2013 by Donald5000

[7by7]

If it is included as part of your salary, then yes.

[Donald5000]

Hello again.

My contract states basic salary in one section and in a different section states a monthly housing allowance as extra. Is this acceptable? They both get paid into the same bank and tax is paid on both the salary and the housing allowance.

Could this be a problem?

[ThaiVisaExpress]

What does your employment letter say exactly ?

[Donald5000]

What does your employment letter say exactly ?

Hi!

The housing allowance is for the job in Thailand (held for over 6 months but less than 12). The UK job does not have a housing allowance but the slary is over 18,600 (GBP).

------

As per the Thai contract:

2. SALARY

You will be paid a basic salary of XX,XXX per month.

(Then there is a confidentiality clause)

3. Housing Reimbursement

You shall be provided with a housing reimbursement of XX,XXX per month. However, the Company reserves the right to revise the reimbursement as and when it deems necessary.

-------

As per the original job offer letter:

The total remuneration package agreed upon is XX,XXX and the breakdown as well as the other terms and conditions of employment shall be reflected in the Contract of Employment.

-------

This amount in the offer letter is the full amount i.e. basic + housing reimbursement.

I hope the above is OK for the UK spouse visa income requirements (housing + basic salary is over 18,600; basic ONLY is NOT).

Please let me know if this should be OK and there should be no problems?

Thanks

Edited October 22, 2013 by Donald5000

[ThaiVisaExpress]

18. When calculating income from salaried employment under paragraphs 12A and 13 to 16, this paragraph applies:

(a) Basic pay, skills-based allowances, and UK location-based allowances will be counted as income provided that:

(i) They are contractual; and

(ii) Where these allowances make up more than 30% of the total salary, only the amount up to 30% is counted.

(

Overtime, commission-based pay and bonuses will be counted as income, where they have been received in the relevant period(s) of employment or self-employment relied upon in the application.

(bb) In respect of a person in salaried employment at the date of application, the amount of income in sub-paragraph (

which may be added to their gross annual salary, and counted as part of that figure for the purposes of paragraph 13(a)(i) or 13(

(i), is the annual equivalent of the person's average gross monthly income from that income in their current employment in the 6 months prior to the date of application.

© UK and overseas travel, subsistence and accommodation allowances, and allowances relating to the cost of living overseas will not be counted as income.

(d) Gross income from non-salaried employment will be calculated on the same basis as income from salaried employment, except as provided in paragraph 18(e) and 18(f), and the requirements of this Appendix for specified evidence relating to salaried employment shall apply as if references to salary were references to income from non-salaried employment. Non-salaried employment includes that paid at an hourly or other rate (and the number and/or pattern of hours required to be worked may vary), or paid an amount which varies according to the work undertaken, whereas salaried employment includes that paid at a minimum fixed rate (usually annual) and is subject usually to a contractual minimum number of hours to be worked.

(e) For the purpose of paragraph 13(a)(i), in respect of a person in non-salaried employment at the date of application "the level of gross annual salary relied upon in the application" shall be no greater than the annual equivalent of the person's average gross monthly income from non-salaried employment in the 6 months prior to the date of application, where that employment was held throughout that period.

(f) For the purpose of paragraph 13(

(i), "the gross annual salary from employment as it was at the date of application" of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of the person's average gross monthly income from non-salaried employment in the 6 months prior to the date of application, regardless of whether that employment was held throughout that period.

(g) For the purpose of paragraphs 13©(ii) and 13(d)(i), "the gross annual salary in the salaried employment in the UK to which they are returning" of a person who is returning to the UK to take up non-salaried employment in the UK starting within 3 months of their return is the gross annual income from that employment, based on the rate or amount of pay, and the standard or core hours of work, set out in the document(s) from the employer provided under paragraph 4. Notwithstanding paragraph 18(

, this may include the gross "on-target" earnings which may be expected from satisfactory performance in the standard or core hours of wor

[Donald5000]

Hello again ThaiVisaExpress!

Thank you for your quote of the document. After your post I read through (very fast) the link (in the first reply).

According to your highlighted bit, it appears to say that housing payments are not allowed.

However, it is a bit confusing to me - is that paragraph for those who are temporarily employed abroad (outside the UK) and/or working for a UK company abroad? I ask this as the wording seems to be similar to a "temporary travel allowance" clauses in contracts?

I am employed by a non UK company in SE Asia with no ties to the UK and no temporary travel/accomodation allowances. My allowance is full-time based on full-time work and full-time living outside the UK.

Thanks.

Edited October 22, 2013 by Donald5000

[Donald5000]

Can somebody please help based on the above????

Do I need to now go back to the UK and work for over 6 months - even though I have been earning such for over 6 months in this part of the world???

Thanks and please!!!!

[Tony M]

I think your housing allowance cannot be used to meet the financial requirement. It is not a " UK based location allowance". Nor is it a skills - based allowance.

It looks like you may have to complete 6 months working in the UK to qualify, but you can always contact the UKV&I to see if they will give a definitive answer.

[Donald5000]

I think your housing allowance cannot be used to meet the financial requirement. It is not a " UK based location allowance". Nor is it a skills - based allowance.

It looks like you may have to complete 6 months working in the UK to qualify, but you can always contact the UKV&I to see if they will give a definitive answer.

Hi!

Thanks for that post. Would you have a contact email that they reply to?

Thanks.

[Tony M]

I think your housing allowance cannot be used to meet the financial requirement. It is not a " UK based location allowance". Nor is it a skills - based allowance.

It looks like you may have to complete 6 months working in the UK to qualify, but you can always contact the UKV&I to see if they will give a definitive answer.

Hi!

Thanks for that post. Would you have a contact email that they reply to?

Thanks.

You need to send your email to VFS ( the application centre) and ask them to pass it to the Embassy for a response :

[email protected]

[7by7]

You haven't said how much your basic salary before the addition of this, and any other allowances, is.

I assume from your concerns that it is less than £18,600; but f it is more than £18,600 then you meet the requirement.