Uk Settlement Visa

[guru]

Hi, just a few items that I thought you may be able to offer advice on.

I met my Thai girlfriend in 2001 and have spent most of my time in Thailand since then.

We plan to marry in Thailand shortly and then apply for a settlement visa to travel to the UK to live.

First evidence of relationship was a trip to Hong Kong together in 2002 (stamps in passports and holiday snaps) and trips and pics since then which should verify that our relationship is sincere.

Problems :

No job! I’m doing a PGCE, finishing in 2007.

No personally owned accommodation but will be staying with relatives who will provide a letter and proof of ownership.

Funds: unimpressive (7k bursary), but relatives providing the accommodation will also provide a letter of financial support with copy of bank statements.

She has just finished university – no job – no funds

What are our chances on the settlement visa?

Or any other visas which may be more appropriate at this stage?

Thanks

[the scouser]

You shouldn't be dissuaded from applying solely because you don't have a well-paying job. Friends/relatives may offer financial support and, alternatively, even if you don't currently have a "proper" job, the vi8sa officer should take in to account the ease and likelihood with which both you and your wife can get work.

Scouse.

[paully]

Actually, I was in much the same position as you last year, guru - on a PGCE course in the UK while the wife was in Thailand. I was able to get an offer of a teaching job for this September and on the strength of the offer letter was able to put in the wife's settlement visa application in July which was granted last month.

So, for the moment if I were you, I'd put all your energies into completing the PGCE course (you'll need them) and into getting a teaching job and then put in your then wife's application next year. Apart from anything else you and her don't have any money (big problem in the UK) and you won't be working until next year anyway. Good luck.

Edited November 1, 2006 by paully

[GU22]

As Scouse says, it is possible for your family to offer to support and accommodate you and your wife. As you say, they will need to provide evidence that they can do so.

See DSPs Chapter 9 – The maintenance and accommodation requirements

9.7 - Assessing adequate means of maintenance for fiancé(e)s and spouses or civil partners does say

Members of the couple’s families in the UK may offer to maintain the couple adequately until they can do so from their own resources. This is acceptable in the case of fiancé(e)s / proposed civil partners who are not permitted to work until the marriage / civil partnership. However, for spouses or civil partners, such an arrangement would not satisfy the Rules, which require the couple to maintain themselves. Nevertheless it may be appropriate in certain circumstances to exercise discretion for a spouse or civil partner where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK.

(My emphasis)

Obviously, in your situation, once you have finished your studies then you will be able to find suitable work and so maintain you and your wife. So, include a note of how much longer you will be studying and what your employment prospects will be once you have qualified. Also, with a spouse visa your wife will be able to work. So say that your wife will be looking to start work in the UK as soon as possible to help you with the finances. She has just finished university, so include details of her degree and how this will help her find work in the UK as well as the type of work she will be looking for. Be realistic about the type of work and her prospects of finding it.

9.8 - Assessing adequate accommodation for couples. Don't worry about it saying that the accommodation must be for your 'exclusive use'. Only one room needs to be so, as explained in 9.9 - Determining whether the couple legally own or exclusively occupy the accommodation

If the accommodation is not owned by the couple (or one of them), the Rules require that there be adequate accommodation which is for their exclusive use. This need not be as elaborate as a self-contained flat. It is acceptable for a couple to live in an existing household, e.g. that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use.

Or any other visas which may be more appropriate at this stage?

You are marrying her and she is coming to the UK as your wife. The only appropriate visa is a spouse visa.

[guru]

Thanks for the replies guys.

The reason I ask about other appropriate visas is that chapter 9 of the diplomatic entry procedures has me going round in circles.

i.e. Would it be better to abandon plans to get married in Thailand, apply for a fiancee visa and get married in England?

9.7 - Assessing adequate means of maintenance for fiancé(e)s and spouses or civil partners does say

Members of the couple’s families in the UK may offer to maintain the couple adequately until they can do so from their own resources. This is acceptable in the case of fiancé(e)s / proposed civil partners who are not permitted to work until the marriage / civil partnership. However, for spouses or civil partners, such an arrangement would not satisfy the Rules, which require the couple to maintain themselves. Nevertheless it may be appropriate in certain circumstances to exercise discretion for a spouse or civil partner where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK.

The words "limited period" have me a little concerned. Is there any timeframe they have in mind?

If on a fiancee visa and we delay marriage until the end of the 6 months (course almost finished) I take it that we can rely upon a relative's financial assistance up until we are married and be self-supporting afterwards?

From a financial persepctive, I would say the relative who is willing to help out has greater financial credibilty than (if on a spouse visa) any initial job the wife could get.

I had decided on a spouse visa (still my gut instinct) but then I re-read chapter 9 and now fiancee is on my mind. Then there are friends who say apply for an easier? visitor visa and then upon returning to Thailand with an offer of employment a spouse visa will be easy?

Aghhhhh!!!

[GU22]

A fiance visa will only be more expensive in the long run, as she will have to apply for FLR after the marriage at a cost of at least £335. Then two years later she'll have to apply for ILR at a cost, again, of at least £335. With a spouse visa she wont need FLR, just ILR in two years time. Also, with a fiance visa she cannot work until she has FLR, with a spouse visa she can work immediately.

A visit visa? Sure, if she only wants to visit, but she doesn't, she wants to settle. Also, she can't work with a visit visa, and it would be difficult to find a job on the basis that before she can start she has to go back to Thailand, get married and then get a spouse visa. No employer is going to offer her a job while she is in the UK with a visit visa as to do so would be illegal and the employer could be fined up to £2000.

Given your circumstances, I am certain that a spouse visa is the best option for you, and that your particular circumstances are covered by

it may be appropriate in certain circumstances to exercise discretion for a spouse or civil partner where it is clear that such an arrangement will be for a limited period

How long is a limited period? Well, limited as opposed to indefinite. In you case until you have qualified and started work. If she can find work before this, so much the better.