UK settlement visa financial req question

[welly2000]

Hello everybody,

I hope to obtain a UK settlement visa for my wife next year.

I am aware of the financial requirements of having an income of 18,600 p/a. I have been in employment in Bangkok for the last 6 years and have always earnt more than this amount per annum. However, I am a teacher and realistically will probably not be able to get a full time job offer until I am actually in the UK (UK schools almost always require a face to face interview and to see you teach a lesson etc).

Sadly I think I know the answer but just wanted to be sure of the following question. Would my current earnings be OK or does UK immigration need a job offer waiting in the UK.

If so, is it possible to have my wife on a 6 month visit visa to be in the UK while I hopefully find and obtain a job or would they view her as too much of a 'flight risk'?

I would be doing supply teaching and living with my folks until then.

We have just had a baby together and obviously it would be horrible for all concerned if we had to be split up for potentially 6 months.

Thanks very much in advance.

Edited June 12, 2014 by welly2000

[theoldgit]

When a sponsor is returning to the UK with a spouse, it's not straightforward, however the following section from the Entry Clearance Guidelines might help, though I suspect it's not what you want to hear.

5.2. Category A: With current employer for 6 months or more – overseas sponsor returning to the UK
5.2.1. Where the applicant‟s partner is returning with the applicant to the UK to work, they must meet two requirements to rely on Category A:
 First, the applicant‟s partner must be in employment at the date of application and have been with the same employer for at least 6 months prior to the date of application. They must have been paid throughout that period of 6 months at a level of gross annual salary or income which equals or exceeds the level relied upon in the application. Their gross annual salary or employment income can be combined with any or all of the sources at section 5.1.6. in order to meet the financial requirement. So, again, income under Category A can be combined with Category C: non- employment income, Category D: cash savings and Category E: pension if necessary to meet the financial requirement.
As with employment in the UK, gross income from non-salaried employment held throughout the 6 month period will be calculated on the basis set out in section 5.1.4.).
 Second, the applicant‟s partner must also have a confirmed offer of salaried or non- salaried employment in the UK, starting within 3 months of their return. This must have a gross annual starting salary (or in-non salaried employment a gross annual income from that employment, based on the rate or amount of pay and the standard or core hours to be worked provided by the employer in evidence) sufficient to meet the financial requirement, alone or in combination with any or all the sources at section 5.1.4. (Category C: non-employment income, Category D: cash savings and Category E: pension).

[7by7]

Indeed, I'm afraid that unless you have a firm offer of employment in the UK paying at least £18,600 p.a. which starts within 3 months of your return then, unless you can meet the requirement by other means such as cash savings, she will be refused (or at best her application will be put on hold while a legal challenge to the financial requirement completes it's already lengthy journey through the courts; which could take years!).

For full details of the financial requirement click here.

She can apply for a visit visa to accompany you to the UK while you seek work; but this will only be valid for 6 months and you will need to convince the ECO that she will definitely leave the UK when or before the visa expires.

Which could be difficult; especially as you have a child together.

If she does get a visit visa, she cannot convert it to settlement while in the UK; she will have to return to Thailand and apply for settlement there.

Obviously you should get a British passport for your child, see here (assuming the child qualifies as British, see here) then they wont need a visa and so wont be included in the financial requirement.

You should also get a Thai passport for the child so that they can in the future enter Thailand without restriction.

Both the UK and Thailand allow dual nationality.

[welly2000]

Thanks very much for the replies. As I thought, it looks like I'm going to have to try hard to secure a job in the UK whilst still in Thailand then. Great forum, lots of help, cheers.