help with uk settlement spouse visa/ proof of income

[vickbee]

Hi, can anyone offer any advise please.. I have been married to a Thai man for about 2 years, we have a one year old child together. I have mostly been coming to Thailand to see my husband but he came to the UK for 6 months on a visit family visa for the birth of our child. We now wish to settle in the UK but as far as I can see it will be nearly impossible for us at the moment. I cannot work (or more really do not want to return to work just yet) as I have to look after our baby, I do not want her to go to nursery yet and my husband would never consider becoming a house husband! Whilst in the UK, after the birth of our child, I have been living from government support. Obviously for this visa I need to prove an income without government support. Does anyone know how much the lump sum is you need to have in the bank to not have to prove the income? Is there any way round the proof on income, can I show my husband is looking for a job in the UK or will he already need to have one? I'm assuming he can work once he has the settlemnent visa or does he need a work permit too? Is it possible to come to the Uk on a visitor visa to look for work and then apply for a settlement visa, I think he would have to return to Thailand to apply? Sorry if these questions have already been answered elsewhere on here, I don't have the internet at home and don't have long to sit and look trough everything when out as my little ones running around all over the place! Thanks in advance for any help

[7by7]

It's not going to be good news, I'm afraid; your position is one which the government either didn't consider when they devised the financial requirement, or one they don't care about.

Briefly:-

For a spouse applicant the minimum income required is £18,600 p.a. This must be your income and you must have been earning it for at least 6 months prior to him submitting the application.

Any income your husband has in Thailand and any potential income he may have once in the UK will not be taken into account for the initial visa. So even if he did find work in the UK, his income from that could not be used to meet the requirement. Also, he could not convert a visit visa to settlement and would have to return to Thailand to apply for settlement there.

This income can be reduced by combining it with savings above £16,000. The amount of savings required to reduce the required income to zero is £62,500. These savings must be immediately available and have been in the possession of you, your husband or you both jointly for at least 6 months prior to him submitting his application.

Financial support from friends or relatives is not allowed. Cash gifts are, but they must be a definite gift, not a loan, and the cash must have been in the possession and complete control of you, your husband or you both jointly for at least 6 months prior to his application.

See the Financial requirement for full details.

You may also find UK settlement visa basics helpful.

Edit: All figures quoted are correct at the time of posting; but are subject to change by the government at any time.

Edited November 26, 2013 by 7by7

[Jay Sata]

I have to agree with the advice above. The truth is you are between a rock and a hard place with little chance of you both living together in the UK. However what is wrong with living in Thailand with your husband and baby?

Living on 'government support' will not exactly give you a great lifestyle in the UK. In Thailand your husband can support you and you can enjoy the baby before deciding what you want to do next. A UK woman married to a Thai is in a much better situation to a farang man married to a Thai woman.

I don't think your husband would enjoy life in the cold winters here unless he had a decent job to fund his family.

It's hard enough for young graduates to get a job here so what chance will he have?

You don't need a lot of material things in life to be happy.

Edited November 26, 2013 by Jay Sata

[bobrussell]

He could come over on a visit visa to look for work but that visa cannot be converted to another type without returning to Thailand. Sadly unless you are able to meet the financial requirements there is little point in him looking for a job! He would not be allowed to start a job legally.

The financial rules were brought in to prevent a non-EU spouse becoming a burden to the taxpayer. Even under the old rules you would have needed to demonstrate that your spouse could be supported without recourse to public funds so it would have been difficult to show that if you are on government support!

Going out to work and earning the £18600 pa for six months is the only option I can see that would allow your husband to settle in the UK unless you have someone ready to give you £62500!

Edited November 26, 2013 by bobrussell

[Jay Sata]

Unless he has a decent degree and very fluent in English he'll have a tough time getting a job to earn that Bob.

[Tony K]

Given that your child is in the UK then Ex1 applies and you do not have to meet the financial requirements quoted above. You will need to prove that you can live without claiming extra support from public funds for your husband.

[Tony M]

Given that your child is in the UK then Ex1 applies and you do not have to meet the financial requirements quoted above. You will need to prove that you can live without claiming extra support from public funds for your husband.

Hi Tony, good to see you. But her husband will need to be in the UK to benefit from an application under EX1 ? If he can get into the UK with a visit visa, then he could go down that route, but I'm not sure how many are successful ? First, he would have to get a visit visa, which may not be so easy now that UKV&I seem to be refusing more "family visit" applications since the right of appeal has been removed.

[vickbee]

Thanks for the help, not looking too promising I'm interested in the EX1 though, will look it up. My husband has been to the UK for 6 months before on a visit family visa so I'm hopeful that he should be able to do so again. Jay Sata, my husband has been to the UK in the winter and enjoyed it, he wants to come to the Uk as much as I do. I find it difficult with my baby to be away from friends and family and both my husband and I find life difficult in Thailand. He does not earn enough money to support us here, and I have to return to England for long periods of time without him. I am not a fan of living from government support in the Uk but I have never done it before having my baby and will return to work when my baby and I are ready. Both my husband and I want our daughter to go to school in England, it's not about material things, it's about our happiness and what we feel is best for our daughter we are not happy staying in Thailand now.. and my friends and family are desperate for me to come home! If we cannot make it work with the settlement visa I will have to return home with my daughter and live separately from my husband, until our daughter is ready for nursery and I can look for a job that earns enough.. as I said he cannot afford to support us all here

[Tony K]

No Tony M the exception applies to applicants outside the UK seeking to join family in these circumstances and I can assure you that it is a very successful route.

[Tony M]

No Tony M the exception applies to applicants outside the UK seeking to join family in these circumstances and I can assure you that it is a very successful route.

That's interesting, Tony. I haven't seen any applicants that fall into that category recently, but I will certainly keep it in mind. Thanks.

[laolover88]

Very interesting, if unusual, set of circumstances

Qs..

1. Are you actually married?

2. In which country were you married?

3. Does the child have Thai and UK birth certificates and passports and a Thai ID?

4. Why is it 'difficult' to live in Thailand?

5. If neither of you have any income how can you live, anyway? Just benefits?

Sympathetic..but what you write seems not to add up!!

[laolover88]

my little one...s... is that a typo or do you have more than one child?

[7by7]

Given that your child is in the UK then Ex1 applies and you do not have to meet the financial requirements quoted above. You will need to prove that you can live without claiming extra support from public funds for your husband.

Many thanks for this, not something that I was aware of before.

I'm interested in Ex.1 though, will look it up.

Guidance on application of EX.1

[Tony M]

Given that your child is in the UK then Ex1 applies and you do not have to meet the financial requirements quoted above. You will need to prove that you can live without claiming extra support from public funds for your husband.

Many thanks for this, not something that I was aware of before.

I'm interested in Ex.1 though, will look it up.

Guidance on application of EX.1

But it surely must be an application outside of the rules, as there is no provision within the rules for a visa to be granted. ?

[bobrussell]

It certainly would be unreasonable for a 1yr old child to be expected to leave the UK. Certainly an interesting (possibly the only) route to investigate. I still suspect the mother being reliant on public funds might be an obstacle.

If a visa was granted on these grounds surely it would drive a coach and horses through the present rules. Any UK parent with a child could return to the UK then apply to have their spouse follow them. I am sure it has been done but I would be surprised if the Home Office would grant a visa without very compelling exceptional circumstances.

Should add Good Luck!

Edited November 27, 2013 by bobrussell

[7by7]

Done some more research on this, and I'm confused.

As far as I can ascertain, EX.1 would only be applicable if he applies as the parent of a child who is a British citizen or habitually resident in the UK.

Family life as a parent

If he did this then the financial requirement would be simply that he can be maintained and accommodated without recourse to public funds.

But para E-ECPT.2.3. says

(a) the applicant must have sole parental responsibility for the child; or

( b ) the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK or settled in the UK;

(ii) not the partner of the applicant; and
(iii) the applicant must not be eligible to apply for entry clearance as a partner under this Appendix.

(My emphasis)

So he would be unable to use this route due to failing ( b )(ii), would he not?

Edited November 27, 2013 by 7by7

[Tony M]

Done some more research on this, and I'm confused.

As far as I can ascertain, EX.1 would only be applicable if he applies as the parent of a child who is a British citizen or habitually resident in the UK.

Family life as a parent

If he did this then the financial requirement would be simply that he can be maintained and accommodated without recourse to public funds.

But para E-ECPT.2.3. says

(a) the applicant must have sole parental responsibility for the child; or

( b ) the parent or carer with whom the child normally lives must be-

(i) a British Citizen in the UK or settled in the UK;

(ii) not the partner of the applicant; and

(iii) the applicant must not be eligible to apply for entry clearance as a partner under this Appendix.

(My emphasis)

So he would be unable to use this route due to failing ( b )(ii), would he not?

That is an application within the remit of the rules, I think, a Child Access visa. That is different to leave under EX1, which is outside the rules..

[7by7]

So, how does he apply?

Using VAF4A with lots of evidence to show EX.1 is applicable? If so, which, if any, appendix should be used?

Or some other way?

[Tony K]

Ex 1 is what it says it is. That is an exception to having to comply with FM, it is not just an exception to meeting the financial requirements. So VAF4 and Appendix 2 with no financial requirement.

7x7 you are looking at FM to contradict itself hence your confusion. The applicant must claim Ex1 exception in his application.

[vickbee]

Loalover88...

1. Are you actually married? yes, for 2 years now

2. In which country were you married? Thailand

3. Does the child have Thai and UK birth certificates and passports and a Thai ID? She has both Thai and UK birth certificates and passports but no Thai ID card, she was born in the UK.

4. Why is it 'difficult' to live in Thailand? Personal reasons.

5. If neither of you have any income how can you live, anyway? Just benefits? My husband and his friend own a bar in a tourist area, he can support us with it's profits in the high season if the bar is doing well but not in the low season. He would sell his half of the bar to his friend to come to the UK, they are both happy with this. When I stay in the UK I do live from benefits and my savings, this is only because I want to stay home and take care of my child, I will work again when I feel we are ready, or when I have to...

Yes it was a typo, I only have one child!

[7by7]

Ex 1 is what it says it is. That is an exception to having to comply with FM, it is not just an exception to meeting the financial requirements. So VAF4 and Appendix 2 with no financial requirement.

7x7 you are looking at FM to contradict itself hence your confusion. The applicant must claim Ex1 exception in his application.

Not so much looking for FM to contradict itself; more trying to get it all straight in my mind as it did seem to contradict itself.

But all clear now, thanks.

No disrespect to vickbee, but also trying to put it all into layman's terms so that she knows what to do and how to do it.

Good luck to you, vickbee. I hope this works and your family is reunited soon.

[theoldgit]

Flame removed.

The OP is requesting advice on bringing her husband to the UK to assist in supporting his family, please keep comments on this question.

[vickbee]

To be honest even when put in layman's terms I'm still a little lost! I've looked through all the links you have given me (thank you!) and I'm worried he will be refused the visa, I know when we applied for his visit family visa before it said we would lose the money if he was refused. I can't see anywhere that it says this now, do you know if we would lose the money for the visa this time as we cannot afford to lose that much. I'm thinking it may be better to carry on as we are until our little girl is ready for nursery and I can return to work. That way we can hopefully show we can live without support, though I'm not sure I will find a job that pays 18600! Maybe he can come over for a visit again this low season and we will think about the settlement visa next year. Though that means more time apart again

[7by7]

Visa fees are to pay for the processing of the application; not for the visa.

So, whatever type of visa applied for, there is no refund of the fee if refused.