which visa for uk?

[dessieandjohn]

Hello and seasons greetings. I don't know which visa route to go down. I am a British male living in the U.K. with my Thai/British son. My Thai wife is in Thailand with her two children, My son is disabled and I am struggling to cope on my own. I want to bring them all to live here. I am hoping if this is possible thhat I could go back to being a self employed builder while my wife does the household duties.

I just would like some advise as to which way to go about this. The only other option is to go back to Thailand with our son but he wouldnt have much of a life so it's not much of an option.

Thanks for reading. Dessie and John.

[theoldgit]

Your wife will need to apply for a Settlement Visa to allow her to live with you in the UK, if you're not the father of her children in Thailand, then they will also need to apply.

You will need to meet minimum financial requirements for your wife to settle in the UK, for an employed person the figure is currently £18,600 for the spouse and this increases in respect of non UK children, so if you are not the father of her two children living in Thailand the figure increases to £24,800.

The figures vary somewhat for self employed people, I've attached a link to the details.

Your wife would need to pass a basic English test and she would also need to have a clear TB examination.

Applications have to be submitted and paid for online, and there is also a requirement to pay a NHS surcharge at this stage. Once the visa has been issued the applicant must travel to the UK within 30 days.

There is a pinned topic at the top of this forum, whilst it's in need of updating the basics are correct.

http://www.vfsglobal.co.uk/thailand/

https://www.gov.uk/healthcare-immigration-application/overview

Financial Requirement Guidance.pdf

[dessieandjohn]

Thanks for the quick reply theoldgit. Just gone through the pdf.

3.6.2. If the applicant‟s partner is in receipt of one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance”.​ I think this applies to me, I will have to read into it more. Adequate maintenance is a bit gray, How much is that?

Also, you said settlement visa but which category is suitable? Wife? Family reunion? Marriage? Parent, grandparent or other dependant?

Many choices but not sure which suits us best.

[bobrussell]

If you get carers allowance for example, there is a formula on page 7 of:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452967/IDI_Adequate_Maintenance_and_Accommodation_Appendix_FM_Annex_1_7A.pdf

Hopefully the most useful document for you. There is no fixed figure but the aim is to ensure that a family does not have to claim any additional benefits for the 'upkeep' of the non-EU spouse!

Unless someone knows better, I am pretty sure that she applies as a spouse but the stricter financial requirements for you do not apply.

Edited December 30, 2015 by bobrussell

[7by7]

Your wife applies for settlement as your spouse and your step children apply for child settlement.

They will each need to make a separate application, and so pay three fees, but the same supporting documents can be used for all three.

For more information see UK settlement visa basics (which does need some updating, for example the approved English test providers, those in Thailand are on page 8) and Apply to join family living permanently in the UK.

You are correct that as you and/or your son are receiving one or more of the benefits listed in section 3.6 of the financial appendix then you can meet the financial requirement through adequate maintenance.

Section 3 of the document bobrussell linked to above gives the calculation for this; but basically your total income should be at least the income support level for a British family of the same size.

Whilst you can continue to receive all those benefits you currently receive, you cannot claim any extra due to your wife and step children coming to the UK to live with you.

You will also need to show that they will be adequately accommodated once in the UK; see the appropriate parts of the maintenance and accommodation guidance, especially MAA12 Overcrowding.

[ivan96822]

Happy seasons

[dessieandjohn]

Thanks all for the input. Looks like I have some reading to do. Bit of a catch22 really, if wife was here I could be out earning for myself and the state. Then health costs and visa costs, leave me in debt no doubt.

[dessieandjohn]

Happy New Year in Thailand.