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Spouse visa for my wife and 2 children

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Hi,

 

I have been asking for advice over the past 2-3 years and thank Thai Visa for this, as I was able to bring my wife over to the UK for a hoilday visa twice.

 

Today I am asking what options do I have regarding my wife and 2 children coming to the UK on a spouse visa. I am 24 years old, we have been married for 4 years and my two chidren are ours, they both have a thai and british passport. Previously, I have returned to the Uk with them on a holiday visa due to lack of funds to apply for a spouse visa, but now I have been offered a position working for 40k a year on a 3 year contract. I have 2k in the bank and will start working on 1st September 2014. I will be able to save 6k by December 2014 due to the company paying for accommodation. I am currently in Thaiiland until I return and start work but we returned to Thailand on the 22nd May 2014.

 

Should my wife apply for a holiday visa again in December and apply for a spouse visa when I have 6 months work bank slips (applying in March and returning around the start of May). Or is there a way for my wife to apply for a spouse visa with 6 months good bank statements and apply in December. It can take on average 2 months for the visa to arrive, then my family can return on a spouse visa at the start of March 2015.

  • Author

Or even if I've been in Thailand for three months and have a contract of 3 years on 40k working in the UK from 1st September. Is it possible to apply for a spouse visa then straight away to bring my family over?

To use income from working outside the UK you, the sponsor, need

  • To have had an income of at least £18,600 p.a. for at least the 6 months prior to the application and have a confirmed offer of employment in the UK with a salary of at least £18,600p.a. starting within 3 months of your return.
  • or
  • In the 12 months prior to the application have had an actual income of at least £18,600 and have a confirmed offer of employment in the UK with a salary of at least £18,600p.a. starting within 3 months of your return.

(£18,600p.a. is the required figure for a spouse/partner applicant only. If children are applying as well then the figure is higher. But, if the children have British passports then they obviously do not need a visa so are not included in the financial requirement.)

 

See Annex FM Section FM 1.7: Financial Requirement

 

Unfortunately, one of the ridiculous aspects of this requirement is that if you have not been working in Thailand for at least 6 months prior to the application and so cannot meet the above then it does not matter that you have a confirmed job offer in the UK with an income above the required level.

 

You will have to return to the UK and be in that employment for at least 6 months before your spouse/partner can apply!

 

Unless you can meet the requirement by other means; e.g. cash savings.

 

They can, of course, apply for a visit visa so that they can come with you for 6 months, but they will have to return to Thailand to apply for settlement when that visa expires; and they will have to convince the ECO that they will do this.

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