UK woman married to Thai, UK Settlement financial requirements

[sd123]

hi i am an english girl i have been married to a thai man for 6 months i want to apply for the uk spouse visa for my husband he has a job offer on arrival to the uk. I have been living in thailand for the last 5 years and he has been supporting me so i have no record of working in thailand or in the uk. i do not meet the minimum yearly income or have the appropriate savings and everywhere i read it says they only consider my earnings as i am the sponsor and they would not accept financial support from a third party as an option.

if we opened a joint account would that count as my earnings?

i have absolutely no idea where to go from here, so any advice would really be appreciated. thanks in advance.

[7by7]

Savings can be joint; earnings must be yours, not his.

Opening a joint account would not solve anything as in addition to bank statements, proof of the earnings, e.g. pay slips, are also required.

In addition, even if you had been working in Thailand and earning enough, you would also need to have a confirmed job in the UK paying at least the minimum income which starts within three months of your arrival.

I'm afraid that, like many other victims of this iniquitous regulation, unless you have cash savings above £62,500 your only option if you want to live together in the UK is for you to return alone, find a job paying at least £18,600 pa and be in that job for at least 6 months. Then he can apply to join you.

He can apply for a visit visa to be with you in the UK for that 6 months, but will have to return to Thailand in order to apply for settlement.

Sorry I can't be more positive.

Edited December 14, 2013 by 7by7

[phitsanulokjohn]

I am currently in Thailand and applying for a settlement visa for my wife.My situation differs from yours insomuch as I cannot show earnings of 18,600.I always have a permanent job i can go to when i return to the UK,whereby I am capable of easily reaching the required earnings,but am never able to achieve this as i'm always here with my wife.I am however lucky enough to show savings in excess of the required amount,so I hope this will suffice.

The UK always loves to be the champion of human rights,and I would have thought one of the most basic of human rights would be to be allowed to reside in your country,with the man that you love,but no,all they're worried about is that you're going to return to the UK and sponge off the benefits system.

I feel very sorry for you sweetheart, as you're only alternative is to follow the advice of the above poster and return alone to the UK and find a job that pays 18,600 or more and gather 6 months payslips,then apply from the UK.What a terrible position you find yourself in,having to work for 6 months alone, and 6,000 miles away,while your heart aches for the man you love.I sincerely wish you all the very best for the future and genuinely hope things work out for you in the end.

[theoldgit]

Good advice from 7by7, I'm afraid that your situation is far from unique sd123, the UK media often report heart wrenching stories just like yours, but it seems like HMG are unwilling to budge on their ridiculous stance.

[sd123]

oh no thankyou all for your replies. i thought as much, i was hoping for some kind of miracle solution. i really feel let down as we would be more than able to support ourselves with out the help of the government. so dissapointing. thanks again x

[ulike]

I am currently in Thailand and applying for a settlement visa for my wife.My situation differs from yours insomuch as I cannot show earnings of 18,600.I always have a permanent job i can go to when i return to the UK,whereby I am capable of easily reaching the required earnings,but am never able to achieve this as i'm always here with my wife.I am however lucky enough to show savings in excess of the required amount,so I hope this will suffice.

The UK always loves to be the champion of human rights,and I would have thought one of the most basic of human rights would be to be allowed to reside in your country,with the man that you love,but no,all they're worried about is that you're going to return to the UK and sponge off the benefits system.

I feel very sorry for you sweetheart, as you're only alternative is to follow the advice of the above poster and return alone to the UK and find a job that pays 18,600 or more and gather 6 months payslips,then apply from the UK.What a terrible position you find yourself in,having to work for 6 months alone, and 6,000 miles away,while your heart aches for the man you love.I sincerely wish you all the very best for the future and genuinely hope things work out for you in the end.

She doesn't need to return alone, she can do as 7by7 said and return together for 6 months on a tourist visa, she gets a job in that time and then he goes home for some weeks to get the settlement. No need for a long departure from each other. Love will prosper, they find there way by doing this together. Just a short time away after will only be needed. And keep positive OP, as one lady to another, think of the making up time after he gets back with the settlement visa.

[M12MKD]

Good advice from 7by7, I'm afraid that your situation is far from unique sd123, the UK media often report heart wrenching stories just like yours, but it seems like HMG are unwilling to budge on their ridiculous stance.

And yet sadly it will let some countries in and claim benefits without a second thought. But that's just me being cynical.

Good luck and I hope it works out, let us know the outcome.

[a99az]

oh no thankyou all for your replies. i thought as much, i was hoping for some kind of miracle solution. i really feel let down as we would be more than able to support ourselves with out the help of the government. so dissapointing. thanks again x

There is a solution to bringing your husband back to the UK. It's FREE yes Free, no visa fees nothing to pay at all except you air fairs and takes about three months. There are no requirements to be working and earning in the UK or have money in the bank. And yes it's 100% legal I have just done it with my wife.

I will send you a PM and if you need detailed advice I can help.

[7by7]

If you are talking about the Surinder Singh route, then remember the OP, the British partner, will need to have been living and working, employed or self employed, in another EEA state and her husband living there with her. There is no set minimum period they must have been doing so, but at least three months is the norm.

She can enter that other EEA state as a job seeker and her husband can go with her; but she can only remain as a job seeker for three months, usually.

If you are talking about some other method then I and I'm certain many others, particularly those in the OP's position, would very much like to hear about it.

So rather than keeping it secret by divulging it via PM; please post it here for all to see.

Edited December 15, 2013 by 7by7

[7by7]

Good advice from 7by7, I'm afraid that your situation is far from unique sd123, the UK media often report heart wrenching stories just like yours, but it seems like HMG are unwilling to budge on their ridiculous stance.

And yet sadly it will let some countries in and claim benefits without a second thought. But that's just me being cynical.

Cynical and incorrect.

[GarryUK]

She doesn't need to return alone, she can do as 7by7 said and return together for 6 months on a tourist visa, she gets a job in that time and then he goes home for some weeks to get the settlement. No need for a long departure from each other. Love will prosper, they find there way by doing this together. Just a short time away after will only be needed. And keep positive OP, as one lady to another, think of the making up time after he gets back with the settlement visa.

It depends what you deem to be a short time? I'm in the process of bringing my wife to the UK but the visa application process is taking a full 3 months according to what many others that have recently applied have posted (The UKBA website says that most applications are processed withing 60 days but as others have pointed out, this is 60 working days excluding weekends and holidays hence the 3 months/13 weeks). Now forgive me for being a realist, I don't mean to sound negative, but I am talking from experience here. Let's say it takes her a month to settle back in the UK and get a job, then 6 months to build up the required wage slips, a couple of weeks to get all the paperwork sent to Thailand and for her husband to submit his application, 3 months for the application process and then at least another couple of weeks to get him a flight to the UK, that's 11 months, and that's assuming she has a job to come back to! And just in case it's pointed out that I didn't factor in his visit as a tourist - if he comes to the UK with her he'll have to leave before she has 6 months work under her belt so he can't take some of the paperwork with him when he returns to Thailand, that'll only work if he comes to the UK after she's been in her job for a month or more.

I meet all the criteria so don't foresee any problems with our application as long as I take sufficient care in providing all the information needed first time around (made that mistake with her tourist visa), but in our case we've had to wait to apply as the wife is pregnant and would have been passed the 28-weeks cutoff for them allowing her to fly before the visa would have been approved. For me that means I left her in Thailand in October and won't see her again until I go over in March for the birth and to submit her visa application, but we're still expecting it'll be July before she'll get to the UK So different circumstances, but the same time apart. At least I'm able to Skype with her for half an hour twice a day when I get up and at lunchtime when she's going bed, but that's only possible because she's not working so is free to talk whenever I am.

Good luck, I feel your pain.

Edited December 15, 2013 by GarryUK

[howerde]

Please be aware that anyone intending to use the Surinder Singh route just got harder, this link shows that as of 1 jan 2014 the uk will apply it's interpretation ,it looks like most of it does not conform to the eu directive, but until it is challanged in court, the uk will be out of step with the eu.

http://www.legislation.gov.uk/uksi/2013/3032/made?utm_content=buffer41434&utm_source=buffer&utm_medium=twitter&utm_campaign=Buffer

Edited December 15, 2013 by howerde

[4u2mad]

Yes please, a99az. Post your solution here, I'm in the same pickle!

[howerde]

Yes please, a99az. Post your solution here, I'm in the same pickle!

I suspect the poster is talking about the Surinder Singh route, which is why i posted the above link, the uk government is trying to clamp down on what it sees as a loophole, ie people using Surinder Singh to get around the uk national route, advantage of eea route, no fees, no english test, no accomodation requirment etc etc

[7by7]

To be honest, howerde, very little seems to have changed to regulation 9, other than inserting general points which were already being considered in such applications anyway. Such as considering the amount of time the couple have lived in the other state.

The effect being that the couple really do need to have been living in the other EEA state, rather than simply staying in a hotel while the British partner took a temp job, for example.

Whether or not this complies with the principle of the actual judgement will be, as you say, for the courts to decide.

However, I disagree that this rewriting of the regulations puts the UK out of step with the rest of the EU. Whilst I have no direct experience, all indications are that other EU (and EEA) countries are often a lot stricter in their interpretation of the EEA regulations than the UK!

[howerde]

To be honest, howerde, very little seems to have changed to regulation 9, other than inserting general points which were already being considered in such applications anyway. Such as considering the amount of time the couple have lived in the other state.

The effect being that the couple really do need to have been living in the other EEA state, rather than simply staying in a hotel while the British partner took a temp job, for example.

Whether or not this complies with the principle of the actual judgement will be, as you say, for the courts to decide.

However, I disagree that this rewriting of the regulations puts the UK out of step with the rest of the EU. Whilst I have no direct experience, all indications are that other EU (and EEA) countries are often a lot stricter in their interpretation of the EEA regulations than the UK!

I hope you are right 7 by7, but my understanding of the changes effect 1 jan ,mean they also take into account your integration see this link, the last page talks about the changes

http://www.immigrationboards.com/viewtopic.php?t=152660

on a postive note it seems that rc issued in other eu countries will be accepted by the uk, as usual time will tell

Edited December 15, 2013 by howerde

[7by7]

This amendment to the regulations seems to be based upon the judgement in case C-456/12 O (sorry, the Lex Europa site is down at the moment so I can't post a link; but see page 4 of your link)

The first sentence of para 2 says that an EU citizen exercises his right of residence in another member state if he makes that member state the place where the habitual centre of his interest lies.

Which is probably what the UK government mean by integration.

[howerde]

I have seen that you can not use links, so i suggest you google immigrationboards, and look at the eeu routes thred in particular, and look at the sticky at the top 'amendmend to regulation with effect 01/01/2014 singh diluted

Edited December 15, 2013 by howerde

[Tony M]

Here is some clarification for you on the changes to the Suirinder Singh route :

Although the UK is an EU Member State, EEA citizens are not generally considered to be exercising ‘free movement’ rights granted by European law whilst they are living in their own country, and therefore their non-EEA family members cannot join them using the provisions in EU free movement law. However, following the European Court of Justice’s decision in the ‘Surinder Singh’ case, an exception is made if the EEA citizen has been exercising their free movement rights as a worker or self-employed person in another EU Member State but then wishes to return to their country of nationality with their family member.27 In these circumstances the non-EEA national spouse may be treated as the family member of an EEA citizen in accordance with EU free movement law, rather than being subject to the country’s national immigration law.

There is anecdotal evidence to suggest that some British citizens - particularly those who cannot satisfy the UK’s visa requirements - are deciding to temporarily live and work in another EU Member State, in order to be able to return to the UK with their non-EU partner under European law instead of applying for a visa under the Immigration Rules.29

In December 2013 the Government amended the regulations transposing the Free Movement of Persons Directive into UK law, by requiring that the British citizen had transferred the “centre of their life” to another Member State in order to benefit from Singh.30 The Explanatory Memorandum to the SI explained:

7.11 (...) Whether or not a British citizen has transferred the centre of their life to another member State will be assessed by reference to a number of criteria, including the length of residence, the degree of integration and whether or not the British citizen has moved their principal residence to that other member State.

The changes have been made “in order to ensure that there has been a genuine and effective use of free movement rights in the other member State before such rights may apply by analogy upon return to the UK.” One of the intended effects is “preventing abuse by those British citizens who move temporarily to another member State in order to circumvent the requirements of the usual immigration rules for their family members upon return to the UK.”

I will post the complete document in a new thread

[Thongkorn]

As I have said before Where are Your Human rights as a British Citizen. Every Foreign person who comes to the UK from the Un elected EU, can claim Human rights, how come a British Citizen cannot, its called institutional Racism. WE who have Thai wife's/Husbands who have jumped through the hoops and paid our Visa fees, taken medical tests, and prove you can Integrate into British society. By Esol-life in the UK test. But you can have freedom of movement with no ties or past connections to the UK and claim every thing.

[7by7]

Thongkorn, yet again you post a completely inaccurate rant about EEA freedom of movement rights and human rights legislation which adds nothing to the debate.

<snip>

Edited December 15, 2013 by soundman
No need for rhetorical question winding up other members..

[DGIE]

Why does your husband need to go and work in UK? Does he have no work here?

You are working here and he is Thai to also have job for sure. So why not live here

when you find it difficult to go home

[howerde]

Back to the original poster. i believe that there is a case in the uk courts in March that may well change some of the financial requirments, so don't lose heart and if you read the down load from Tony's post, it does look as if the government are going to give some ground, stay positive, things may not be as bad as you fear

Edited December 15, 2013 by howerde

[Jay Sata]

SD123

Do you have parents or grandparents born in another country?

[7by7]

Mr Sata, I see what you are getting at, but, as has been pointed out to you many times before, people who hold, for example, dual Irish and British nationality can no longer use one of their nationalities to obtain entry under the EEA regulations to the other country unless they have at some point in their lives lived in the first country.

<snip>

Edited December 15, 2013 by soundman
No need for rhetorical question winding up other members.

[Jay Sata]

I'm merely trying to help the lady. I'm not here to score points or get in to pointless arguments.

<snip>

SD123

If you have any links with the Irish Republic you can move there and your husband can work. A parent or grandparent born anywhere on the island will qualify you for Irish citizenship followed by an Irish passport.A job offer in that country will help your husbands case. Eire does not have the financial obstacles the UK inflicts on people like you.

Good luck and best wishes.

Edited December 16, 2013 by theoldgit
Flame removed.

[bikerider21]

I am currently in Thailand and applying for a settlement visa for my wife.My situation differs from yours insomuch as I cannot show earnings of 18,600.I always have a permanent job i can go to when i return to the UK,whereby I am capable of easily reaching the required earnings,but am never able to achieve this as i'm always here with my wife.I am however lucky enough to show savings in excess of the required amount,so I hope this will suffice.

The UK always loves to be the champion of human rights,and I would have thought one of the most basic of human rights would be to be allowed to reside in your country,with the man that you love,but no,all they're worried about is that you're going to return to the UK and sponge off the benefits system.

I feel very sorry for you sweetheart, as you're only alternative is to follow the advice of the above poster and return alone to the UK and find a job that pays 18,600 or more and gather 6 months payslips,then apply from the UK.What a terrible position you find yourself in,having to work for 6 months alone, and 6,000 miles away,while your heart aches for the man you love.I sincerely wish you all the very best for the future and genuinely hope things work out for you in the end.

In 1974 I took my new Iranian wife to the UK where she got immediate residency and a UK passport.

I can not ever take my Thai wife to the UK because she's Thai.

I married her before these new rules came out.

If I had married someone from Poland or other EC country, there would be no problem.

This is inhuman discrimination which means many families have to be slit up and many people born in the UK can never go back there (because their families can not be with them). My father got 7 medals in WWII but they account for nothing.

Someone has to take up this human tradegy with the Human Rights organisations and the sooner the better.

Edited December 16, 2013 by jeffinchiangmai1

[theoldgit]

@jeffinchiangmai1, it's not correct to say that you cannot take your wife to the UK because she's Thai, 100's if not 1000's do so every year to live and visit, if she meets the criteria.

I do agree with the argument that the criteria is irrational, and I'm confident that the wrong will be righted in due course.

[sd123]

thanks for everyones comments both of my parents are British so i do not have any links to the irish republic unfortunately.

i guess going through another european country would be an option but that would be alot to think about too!

we would like to open a business in england that is why he would need to be able to work the only other thing i could think of is to open the business and invite him over to work in his own shop! but this is expensive too as the business would have to have the appropriate documents to be able to employ workers from outside the EU

and thankyou DGIE for your advice he does have work in thailand and yes we are able to live here comfortably but for many different reasons like family and work opportunities it would be nice if we could do the same in the country im from too!

thanks again for everyones help im sure something will work out whether a change in the law or a lottery win!

[ThaiVisaExpress]

Are you aware that you can be "gifted" the required 62,500 GBP savings ? Obviously, not many people are in a position where someone can gift them that kind of money, but maybe you are lucky enough. The savings must be in an account in your name, or your partner's name, or joint names, for 6 months, and under your control( basically, immediately accessible). Also, if you take employment in the UK ( salaried employment, that is ) that does not meet the 18,600 GBP threshold, then the difference can be made up by savings ( which would be less than the 62,500GBP required if you have no income at all). Just a couple of thoughts that might help.