Moving to England maybe

[jimbob333]

Im a British citizen,have a Thai wife of two years,I have recently found out my mother has a disease simliar to alzehimers.

Im thinking of returning to the uk for maybe a year or two until the dreaded day comes,so my questions are as follows...

If i want my wife to return to England with me i gather i would have to have work and a salary over 18,900?

Is it possible to go back without work and look for work when im back,with her beside me?

If yes how long could she stay with me before having to return to Thailand.

Feel free to add anything else and thanks in advance everyone

[theoldgit]

The rules are quite complex but basically you would to prove that you have employment with a salary of £18,600, a certain amount of savings or a combination of both.

You wouldn't be able to take your wife back to the UK on a Settlement Visa without meeting the financial requirements, though she could possibly spend some time with you in the UK as a tourist.

Tourist visas aren't really designed for people in your position, no visas are, your wife would need to satisfy the ECO that she is a genuine visitor, intends to return to her home country at the conclusion of her holiday, she would need to demonstrate that she is a genuine visitor, the ECO would need to be satisfied that she isn't using the tourist route to circumnavigate the settlement requirements.

There is a similar thread already running, which has a link to the financial requirements, you might want to have a read through it how-long-do-i-need-to-be-working-in-the-uk-for-before-i-can-apply-for-my-wifes-settlement-visa/

[durhamboy]

It sounds to me that you don't really want a settlement visa as you mention 1 to 2 years. Maybe a 6 month tourist visa would be a compromise and then see what the situation is after that.

A settlement visa would entail a lot of expense and hoops to go through for you and your wife. She would then lose her settlement status if you went back permanently to Thailand after 2 years.....actually even after 5 years I think.

[jimbob333]

My mother maybe has one year to live,at a stretch two years,would like my wife to be with me,but if i go back home without work i know once I'm there i can find something,but don't want to leave my wife in Thailand,why would i want to not have her by my side in this difficult time

[7by7]

I am sure that everyone here sympathises with you.

But, as theoldgit says, the UK immigration rules simply do not cater for people in your position, and the decision makers, ECOs, have to follow those rules.

So, I'm afraid, the only options that I can see is settlement or regular annual 6 month visits for your wife.

It is possible, indeed has been done by some members here, for your wife to obtain a visit visa so she can be in the UK with you for 6 months while you fulfil the financial requirement via earnings; but she would have to return to Thailand at the end of that time to make her settlement visa application.

The financial requirement can be met by savings, which can be held by you, your wife or you both jointly. But you would need at least £62,500 and the money needs to have been in your, your wife's or both of your possession and complete control for at least 6 months prior to the application.

Savings and income, except self employed income, can be combined to reduce the amount of both required.

I don't want to raise your hopes without foundation, but one possibility is that those in receipt of carers allowance, and certain other benefits, are exempt from the requirement. So maybe you could move to the UK, claim this as your mother's carer and then your wife can apply for settlement. But you would need to show that your wife will be supported and accommodated without you or her claiming any additional public funds.

I don't know how long you would need to have been receiving the allowance for this to work, or even if it would work at all in your situation.. Hopefully someone who knows more can advise.

See the financial requirement appendix for full details of the requirement.

[jimbob333]

I thought you just needed to earn 18,600 a year,and have been working for 6 months

[bigyin]

I thought you just needed to earn 18,600 a year,and have been working for 6 months

That is true but your original post suggested that that you were in Thailand and not working in the UK hence the references to savings and benefits.

[7by7]

There are several sources of meeting the financial requirement; earned income, unearned income, savings. Most of which can be combined to reduce the amount required for each.

Do you currently work in Thailand?

If you have a job in Thailand from which you have, over the 6 months prior to the application, earned the equivalent of £18,600 p.a. and you have a definite job offer in the UK starting within three months of your arrival which pays at least £18,600 p.a. then you meet the requirement.

As said above, if the sponsor is in receipt of certain benefits, carers allowance, DLA for example, then they are exempt from this requirement and can instead rely on what is known as adequate maintenance.

See the financial appendix linked to above for full details.

Edited May 3, 2015 by 7by7

[durhamboy]

Also, if you do go for settlement visa then your wife will most probably have to pass an English test. In our experience this was the hardest thing to get my wife's visa.