Returning to the UK with Thai wife and our children...

[blindinbothears]

Dear all,

After more than 8 years in Thailand, the time has come (for a multitude of reasons) to think about returning to the UK. My wife and I have been married (registered at Amphur) since December 2011 and we have two young children (both have Thai and British passports but not registered at British Embassy).

We have successfully applied for and been granted two Family Visitor visas to the UK in the last two years, but would like to make a go of living in the UK permanently. Obviously I do not have any employment in the UK at this time, I am employed in Thailand. So, I do not have the 6 months, or 9 months, or 1 year of payslips to prove employment and income in the UK.

My wife and I are both 30, so we do not have any property in the UK or Thailand. In the UK we would be living with family for at least the first year.

Does anyone have any recent experience of a situation like ours? Or any pertinent information that would be of help?

Would we need to get a 6 month tourist visa to begin, in order to rack up the 6 months of employment in the UK?

Why is it so difficult to bring my family back to the UK, and so easy for 'Bob the factory worker from Bradford' to come to Thailand for two months, marry 'Noi the bargirl from Khon Khaen' and bring her back to the UK? (No offence meant if you happen to be called Bob and live in Bradford!)

Any help is most appreciated

Cheers!

[Richard W]

The UKVI has the task of reducing net integration. You too will count as an immigrant, so Bob & Noi increase immigration by +1, while you and your family increase net immigration by +4.

In principle, you and Bob face the same hurdle - the income threshold is not raised by British children, you both face the income threshold of £18,600.

I believe your income in Thailand may count towards the income threshold. If not, you will have to come on your own to establish the income. Doubtless the government is hoping that the separation will destroy your marriage, so that the net immigration is +1 rather than +4. They have 5 years for the stresses to work havoc with your marriage.

Edited September 15, 2014 by Richard W

[KNJ]

I work in Saudi, and the payslips from here were accepted as proof of income, do not know if that helps your case.

[7by7]

First step is to read UK settlement visa basics and the financial requirement.

You will see from the latter that there are several ways of meeting the financial requirement immediately; e.g.

• You have been working in Thailand for at least the last 6 months with an income of at least £18,600 p.a. and have a definite job offer in the UK with at least that income starting within three months of your arrival in the UK.
• You have unearned income of at least £18,600 p.a.
• You and/or your wife have savings of at least £62,500, which can be accessed immediately with or without loss of interest or other penalty.

Note that income, except for some reason self employed income, and savings can be combined to reduce both figures; see the link.

If you can't meet any of the above then probably the only other way is for you to come to the UK, find a job paying at least £18,600 p.a. and work in that job for at least 6 months. Then you will meet the financial requirement and your wife can apply for settlement.

There is no reason why she cannot apply for a family visit visa so she can spend that 6 months in the UK with you; but she cannot then apply for settlement in the UK. She will have to return to Thailand and apply there. The biggest hurdle to overcome being convincing the Entry Clearance Officer that she will do so, and not remain illegally in the UK when her visit visa expires.

Why is it so difficult to bring my family back to the UK, and so easy for 'Bob the factory worker from Bradford' to come to Thailand for two months, marry 'Noi the bargirl from Khon Khaen' and bring her back to the UK?

All the requirements are exactly the same for all family settlement visa applicants.

If Bob is resident and working in the UK earning £18600 p.a. or more, he may find it easier to meet the financial requirement than you; but you will find it a lot easier to show that you satisfy the relationship one than Bob.

[iancnx]

I did not know about the 62,500 in savings. Good info to have. For monthly income proof could I use my armed forces pension £15k and top it up with some part time employment? One shift a week at Tesco's should fix it. Not saying I need or want to return to UK ..... Just good to keep abreast of changing times.

[7by7]

Yes, income from various sources, earned and unearned, can be combined. But for the initial visa it has to be the sponsor's income only.

For FLR and ILR the applicant's income can also be used.

See the link above for the full details of the requirement and how it can be met.