Thai / Naturalised Australian Wife - Move to UK

[dbrenn]

Greetings All,

I'm British, living in Thailand and thinking about moving to the UK, and here is a little background ...

1) I met my (Thai) wife in Bangkok around 10 years ago, then in 2008, I moved to Australia on a skilled migrant / PR visa

2) In 2009, my wife joined me in Australia on a fiancee visa, which I had sponsored. We married in Sydney under Australian law, and she then qualified for a temporary and finally a permanent partner Oz visa. In 2013, we both naturalised as Australian citizens, and we both received Australian passports

3) Later in 2013, we left Australia and moved back to Thailand as I had taken a job here

4) We have lived here in Thailand since late 2013, and I now would like to return to England, taking her with me as soon as is possible. She has visited England a couple of times, using her Australian passport so as not to need to apply for a visitor visa

5) I don't have a job to go to in England, as I plan to look for one there once I arrive. I can get a place to stay.

6) I have more then 62,500 pounds financial requirement but it is in Australian dollars, in my Australian bank account

I've had a cursory look at the rules, and my (rudimentary) understanding is thus:

1) I can apply for a partner visa for my wife here in Bangkok, using her Australian, rather that Thai, nationality

2) As an Australian, she won't have to pass the English language test, and we won't have to pay the NHS surcharge

3) As an Australian, her visa will be granted more rapidly than if she's applied as a Thai

4) Once in the UK, she will have 30 months leave to remain, which we will then need to renew for a further 30 months FLR (meeting the financial requirement again at this point).

5) After the second 30 month FLR period, she can then get ILR (upon again meeting the financial requirement) and then UK citizenship

Please would any UK visa gurus out there correct me if I'm wrong, and also give me an idea of the processing time.

Cheers,

DB

[7by7]

1) I can apply for a partner visa for my wife here in Bangkok, using her Australian, rather that Thai, nationality

You don't apply; she does.

She can apply in Thailand as she is legally resident there. She can 'use' either nationality.

2) As an Australian, she won't have to pass the English language test, and we won't have to pay the NHS surcharge

a) Nationals of Anglophone countries are exempt from the English speaking and listening requirement at all stages; initial visa, FLR and ILR.

However, your wife will have to have passed the LitUK test when she applies for ILR. This pass will also be valid when (if) she applies for British citizenship.

b ) Australians are not exempt from the NHS surcharge. It is payable by all non EEA nationals applying to enter or remain in the UK for more than 6 months.

3) As an Australian, her visa will be granted more rapidly than if she's applied as a Thai

Nonsense.

Applications are processed in the order they are received; unless the applicant pays the premium for the priority service.

4 & 5) Once in the UK, she will have 30 months leave to remain, which we will then need to renew for a further 30 months FLR (meeting the financial requirement again at this point).

After the second 30 month FLR period, she can then get ILR (upon again meeting the financial requirement) and then UK citizenship

Terminology slightly off; but essentially, yes.

Initial period of leave; 30 months, at the end of which she applies for FLR. (Remember she will have to enter the UK and apply for a biometric residence permit within 30 days of the initial visa being issued.)

FLR; 30 months, at the end of which she can apply for ILR.

ILR; indefinite, but will lapse if she spends a continuous period of two or more years outside the UK.

As the spouse of a British citizen she can apply for British citizenship immediately she has been granted ILR; provide she also meets all the other requirements, of course.

6) I have more then 62,500 pounds financial requirement but it is in Australian dollars, in my Australian bank account

You can use these savings to meet the financial requirement; provided all the relevant provisions of Category D - Cash Savings of the financial requirement appendix are met.

The most important aspect being that the funds must be in cash, are available to you immediately, with or without penalty, and when converted to Sterling using UKVI's preferred exchange rate they are equal to or above £62,500.

As well as the links above you may find the following helpful:

UK settlement visa basics; it's a bit out of date, particularly the links therein, but the basics are there.

Apply to join family living permanently in the UK

[dbrenn]

@7by7 -- Thank you for your detailed response, and for correcting my misunderstandings. My funds in Australia are in cash, and I have one question: what is the UKVI 'preferred' exchange rate? I read somewhere that they use the rates at www.oanda.com - is this what you were referring to?

I read somewhere that Aussies and NZ'ers were exempt from the NHS Surcharge, but your information is correct are right - that privilege was rescinded earlier this year.

https://www.gov.uk/government/news/immigration-health-surcharge-extends-to-australia-and-new-zealand

Cheaper than an Aussie partner visa, but rather more complicated and long winded ...

[7by7]

When converting visa fees from the amount set by Parliament in Sterling to the fee in USD they actually charge, the Home Office use the consular exchange rate.

This means the fee actually charged, when converted back to Sterling by the sponsor's UK bank, can be up to 10% higher than that set by Parliament!

I suspect they would use this rate when converting non Sterling savings etc. for the financial requirement.

[dbrenn]

Thanks again 7. I'll keep that in mind. Looks like a trip to Oz to get all the paperwork from my bank to show I have the cash. Transferring the cash to the UK would presumably reset the six month 'funds under control' clock and electronic statements won't do. ..

[7by7]

It doesn't actually say anything about this in the guidance; but I think that were you to transfer the money into a UK account this would not reset the 6 months clock; provided you could provide a paper trail showing that the money had been under your complete control and immediately available to you throughout the period.

That would be the logical thing, anyway, as investments held in shares, even property, will count if they have been sold and the proceeds placed in a savings account during the 6 months prior to the application.

But as you may have noticed from other topics, the financial requirement is far from logical!

I'm sorry that I can't give you a definite answer; maybe try PMing Tony M, if he doesn't see this and respond first.

All financial evidence must be original documents, or if copies or internet printouts either stamped and authenticated on each page by the issuer or accompanied by a letter from the issuer confirming that they are genuine.

I'm sorry, but I misinformed you earlier regarding the exchange rate used. Having looked more closely at the guidance (3.5. Conversion of foreign currency) I see that you were correct and they use

the closing spot exchange rate which appears on www.oanda.com on the date of application