UK Settlement Visa - Letter of invitation from family

[ThaiPhil]

The relatives who were going to write a letter inviting us to stay with them have recently separated and the wife has moved out. The house is in joint names and both parties are still happy for us to stay there and they confirm that have no intention of selling the property.

If they write a letter to this effect, would that still meet the accommodation requirements for a settlement visa?

[7by7]

There is no necessity for any person offering accommodation to live in that accommodation themselves.

So this should not be a problem.

However, I would suggest that, as you say, in their letter they confirm that they have no intention of selling the property to split the asset until after you and your family have found alternative accommodation.

[ThaiPhil]

^

Will their supporting documents (land registry documents, council tax bill, mortgage statement) need to be originals or will copies suffice?

[7by7]

Council tax bill; not needed.

Land registry and mortgage statement; just one or t'other to show ownership.

For these documents, self certified copies are sufficient.

[ThaiPhil]

^{Another quick question, if I may (this will be the last one).}

^{I live with my wife and daughter in Thailand. I work a FIFO position in the mining industry and I'm usually away at mine sites in Asia for 24 days, and then home in Thailand for 18 days. I work on a full-time contract and my income is considerably more than 18,600 per year. I do not have cash assets in excess of 62,500.}

^{We are applying for a settlement visa because we would like my daughter to have a UK education. If / when we move to the UK, I would like to continue working overseas on a similar roster pattern. Taking into consideration annual leave I would be away for 7 months a year, and home in the UK for 5 months.}

^{Under the regulations for applying for a settlement visa can I (as the sponsor) obtain my money from an overseas employer, or do I have to have a job in the UK. In case it's relevant, my employer is an Australian mining company.}

Edited January 8, 2014 by ThaiPhil

[7by7]

Section 5.2.1 of the financial appendix says that the employment must be in the UK.

So, although that you will be working for an Australian employer wouldn't matter, that you will be working outside the UK could.

I think.

Hopefully others more experienced and knowledgeable in this area than I will see this and give their opinion.

Two other points to consider.

1) One of the requirements for both FLR after 30 months and ILR 30 months after that is that the couple have been living together for the entire period. Obviously short times apart are acceptable, but I'm not sure if 7 months per year would be; even if it were for work purposes.

Wouldn't be a problem if the British spouse is a member of HM Forces, but working for a private employer? I'm not sure.

2) No disrespect to the lady, but how would your wife cope with her husband absent for 7 months of the year?

OK, she does at the moment; but she is in her home country with, presumably, friends and relatives around.

A totally different picture when she is in a strange country among strangers.

Whilst I appreciate that you want your daughter educated in the UK, might an international school in Thailand be a better option in the circumstances?

Edited January 8, 2014 by 7by7

[ThaiPhil]

A very helpful reply 7by7, thanks.

On the second point, my wife would probably cope better than most. She's been to England 4-5 times, and her previous job necessitated several solo trips to Europe. I fell ill on our first visit to London, and she quite happily spent the day journeying around on the Tube without my help.

I have a large extended family and we were intending setting up home close by, so she'd have support while I'm away. One of my sisters has also offered to stay with her for the first few months while I'm at work. I fully accept living in a foreign country is completely different to visiting one, and while she'd undoubtedly miss her friends and family, we're both committed to moving to the UK. I've been away for over 5 years now and during that time my father has suffered with cancer and a heart attack. The time to return feels right, for me and my wife and I genuinely think it would be better for my daughter.

If after 5-6 months my wife was finding the transition too hard, I would consider looking for work in the UK. It's something I've considered doing already, but leaving my current job would make it difficult to meet the financial requirements for a settlement visa. Also, this is the best paid job I've ever had, and it enables me to save a reasonable amount each month.

Regarding schooling, I've looked at a few international schools in BKK and Chiang Mai. Although a few have interested me, I see my family's long-term future in England. My daughter has recently turned 6 and I'd like her there as soon as possible, so she doesn't fall too far behind linguistically.

Thanks for the comments re potential problems with FLR and ILR. Hopefully one of the other visa gurus may offer an opinion on that and also whether there's anyway, around the Section 5.2.1. requirement that says the employment must be in the UK. From a taxation perspective it's understandable, but it's frustrating to think that to go home, I'll have to give up my current job and move into something far less remunerative.

I've noticed a few visa agents contribute to this forum. If they've come across this scenario before, and can offer any advice it would be appreciated. If they think they'd be able to help, they may even find themselves a new client

Edited January 8, 2014 by ThaiPhil

[ThaiPhil]

In case it's relevant, my salary is paid in US$. It's remitted from Australia and is credited to my Thai bank account. If I returned to the UK, I would arrange for it to be paid into my UK bank account.

I mostly work in Laos, and my company pay tax on my salary there. My overseas earnings are not taxed in the UK. II'm currently classed as non-resident for tax purposes there, so I don't pay tax on interest earned on savings and investments.

[ThaiVisaExpress]

The problem, as pointed out by 7x7, will be with the fact that you are currently employed overseas, and will be treated as a sponsor who intends to return to the UK to take up employment. You therefore have to show that you will be taking up employment in the UK within 3 months of your return there. I guess the reasoning by the Home Office is that you should be paying UK tax, NI, etc if you want your spouse, and any children, to benefit from residence in the UK.

You can find employment in the UK ( that is, with a UK employer) that allows you to carry on with your current work/life style. Many people in your position do one month on, one month off, and this is acceptable to them and to the Home Office.

[ThaiPhil]

My role is specific to Asia, so the chances of finding a position with a UK mining company are close to zero.

It's pity I'm not Romanian, Bulgarian or Polish - things would be easier then.

[Tony M]

My role is specific to Asia, so the chances of finding a position with a UK mining company are close to zero.

It's pity I'm not Romanian, Bulgarian or Polish - things would be easier then.

Well, you can buy several EU nationalities for around 200,000 GBP up - Greece, Malta, etc. That should solve the problem.

[ThaiPhil]

If I had that sort of money lying around, maybe they would even let me take my family to the country where I was born, educated and paid tax in for 21 years.

Edited January 9, 2014 by ThaiPhil

[7by7]

The EU/EEA regulations which allow Bulgarians etc. to come to the UK to work also allow approx. 1 million Brits to work or retire in other EU/EEa countries. It works both ways.

[ThaiPhil]

Fair comment. In principal I'm in favour of immigration. It just seems wrong when it's easier for a EEU/EEA national to move their family to the UK than it is for a Brit. Still that's a conversation for another time and place. Cheers for the helpful responses.

[7by7]

Back to the matter in hand.

You say

I work on a full-time contract and my income is considerably more than 18,600 per year. I do not have cash assets in excess of 62,500

As the cost of living in Thailand is far below that of the UK, and you have a large income by Thai standards, if not UK ones; how long would it take you to build up the required cash savings?

BTW, Many people, myself included, refer to their step children as simply their children. I'm assuming your daughter is your biological daughter with a British passport. If she is your step daughter and only has a Thai passport then she'll need a visa too and the required income and/or savings goes up.

One of the ridiculous aspects of this financial requirement is that the government seems to think it costs more to feed and clothe a foreign child than it does a British one!

[ThaiPhil]

Thankfully my daughter does have a British passport and won't require a visa.

By my calculations I should have 62500 in cash savings by May or June. After leaving the cash in the bank for the required 6 months and applying for the visa, it looks like March 2015 is the earliest I'll be able to return.

Hopefully the financial requirements will be relaxed / reduced in March, but I'm not holding my breath.