Question about offer of employment in UK to bring the missus with me

[boldface]

Hello folks

I've been self employed in Thailand for 4 years, and due to ill health of my mother I now need to get back to the UK. My partner and me have been together for 4 years (provable) and she is an educated lass and has worked for my firm for a few years as well. Now, I can get a job back in the UK easily meeting the requirements financially which until about 20 minutes ago I believed would be OK for us to apply for her to move with me. However I am now seeing conflicting information about this (of course).

So the current situation is;

We have been together for 4 years. We and she have no children. Not officially married, but we had a wedding party with my family here in Thailand 15 months ago. Should we pop to the amphur and make it official now? Is it better to be married than engaged / partner?

I have little in the way of savings so would need to rely on offer of employment which would be genuine from a company I worked for in the UK before moving to Asia.

My parents have an empty house we would move to if that helps.

We plan to move in 3-4 months time.

I honestly get so confused with all of this. I can not work out which is best to apply for, and if indeed an offer of employment is sufficient. If not, would I then have to go back to the UK by myself for 6 months prior to her coming over?

[7by7]

The financial requirement is very rigid, and from what you say I think you come under;

5.2. Category A: With current employer for 6 months or more – overseas sponsor returning to the UK (this includes self employed).

Have a read through that, and then feel free to ask any further questions.

But if you have not been earning at least £18,600 p.a. in Thailand for at least the 6 months prior to her applying then you will not meet the financial requirement and so any settlement application by her will be refused.

So if you can't meet it, you will need to return to the UK alone and work for at least 6 months earning at least £18,600 p.a.; then she can apply.

She could apply for, and may be granted, a visit visa to be in the UK with you during that 6 months; but would have to return to Thailand when the time came to apply for settlement. When applying for her visit visa she will need to satisfy the ECO that she will do this.

That you have an offer of accommodation makes no difference to the financial requirement.

It seems that you qualify as unmarried partners (living together in a relationship akin to marriage for at least 2 years); but if you do want to make your marriage official then it will be cheaper to do so in Thailand as if she entered the UK as your fiance she would need to make an extra leave to remain application once you were married.

See UK settlement visa basics (a little out of date in some aspects and links, but the basics are there) and Apply to join family living permanently in the UK for more.

[boldface]

Thanks for this 7b7. A lot better information than I received from an email to Gov website which told me to look at their website, decide which visa was for us, and then apply. It does set my mind at rest because with that then there should not be a problem (assuming that they themselves know of this information themselves in the bastion of idiocy that is the border agency).

I see your point about getting the wedding done before we apply - makes sense. The only point was that for some reason I thought that getting he in the process to indefinite leave to remain, it was a quicker route via the fiance route rather than wife route. I guess I was confused about this as well as quite right, after 6 months we would have to pay up more cash to get to the same place as entering married already.

I assume that the salary requirements are Gross as well, which might help others as well.

Much obliged.

[Kalbo]

I was in pretty much exactly the same position as you, i.e. returning to the UK in the next 3-4 months. I met all financial requirements, both for the 5 years prior to visa application and the

new job offer, and I even submitted the signed contract during application. I also registered the marriage with my girlfriend at Bangrak only 1 month before the visa application, although we had been together for 9 years, and I submitted all supporting documents showing this. Her visa was approved.

[7by7]

<snip>

I assume that the salary requirements are Gross...........

Yes, gross income before tax etc. and before deducting any rent/mortgage payments, other living expenses and any other regular outgoings such as debt repayments.

Which, IMHO, is absurd.

Edited July 17, 2015 by 7by7

[boldface]

I was in pretty much exactly the same position as you, i.e. returning to the UK in the next 3-4 months. I met all financial requirements, both for the 5 years prior to visa application and the

new job offer, and I even submitted the signed contract during application. I also registered the marriage with my girlfriend at Bangrak only 1 month before the visa application, although we had been together for 9 years, and I submitted all supporting documents showing this. Her visa was approved.

Good to know. How long did the visa take to come through?

Also, you mention 5 years. I'm not sure if I have all the docs from 5 years so that will have me rooting about even more.

[7by7]

Not sure why Kalbo mentioned five years of earnings.

As said above, you fall under Category A: With current employer for 6 months or more – overseas sponsor returning to the UK. So it's just the previous 6 months which are required.

See Para 5.2 of the financial requirement appendix linked to above.

See Appendix FM-SE for the evidence required.

Edited July 21, 2015 by 7by7