UK Settlement Visa, very basic guidance

[paulklee]

Hi, I want to start the process for my Thai wife for a Settlement Visa, to come and live in UK. We were married in UK 14 years ago. We have two kids, British Citizens and UK passport holders. The financial requirement won't be a problem.She has visited UK on Visitors Visas 4 or 5 times already. We're both currently in Thailand and she will be applying from Thailand. Wife has a (Thai language) BA Bangkok University and an (English language) MBA from a La Trobe University (Oz).

Given the above, what specific online form and guidance do we use to start the process? I'm a bit confused by the "routes" to Settlement, none of which seem to cover our situation exactly. Even UK-NARIC say "To apply online, you will need to know your Immigration Tier and Immigration Route. For information about the different UK Immigration Tiers and Routes, please visit www.gov.uk/browse/visas-immigration." . The gov.uk link just takes me back to the same confusion about which route to use.

I'm sure the application itself will be straightforward enough (if a bit onerous) once we get started, and there is so much good info and advisors on ThaiVisa to help.

Given the University education, is the wife possibly going to be exempt from the knowledge of English test? We would of course have to apply via UK NARIC but it would be good to have an indication.

But the fundamental questions are - what tier/route? what form to use online or download? what links?

Many thanks in advance for any help...

[paulklee]

Supplementary question for Settlement - the time qualification of a minimum 30 months in a 33 month period, is there any flexibility in that? My Thai wife has both aged parents and some business interests in Thailand. Is there any discretion about how long/often she may be able to go back to Thailand?

[theoldgit]

Quite straightforward, your wife applies as the family of a settled person https://www.gov.uk/join-family-in-uk

The fact she has visited the UK previously won't be a consideration.

As you say she may well be exempt from the language test, though she will need a TB test.

Basically she completes the online application, pays the application fee and the NHS surcharge then makes an application to submit the supporting documents at the Visa Application Centre, where she also has her biometric details captured, and then waits for a result.

Please ensure that all the supporting documents are in order, including those to satisfy the financial require to, if in doubt ask again.

[bobrussell]

Start here!

https://www.gov.uk/join-family-in-uk

Your wife is joining you in the UK (even if you arrive together!)

The tier based system is not the one for you! There is a pinned topic http://www.thaivisa.com/forum/topic/524561-uk-settlement-visa-basics/ and one on the financial requirement.

Just remember to assume nothing and supply all the required paperwork in the form they demand. Otherwise you could face a hefty fee to reapply!

[7by7]

With regards to the language test, she will be exempt if she can give evidence that she has an academic qualification that both:

• was taught or researched in English
• is recognised by UK NARIC as equivalent to a bachelor’s or master’s degree or PhD

I assume her Australian MBA would satisfy this, but best to check with UK NARIC.

Remember, though, that she will not be exempt from the Life in the UK test when she comes to apply for Indefinite Leave to Remain (referred to by UKVI as settlement) in 5 years time.

Supplementary question for Settlement - the time qualification of a minimum 30 months in a 33 month period, is there any flexibility in that? My Thai wife has both aged parents and some business interests in Thailand. Is there any discretion about how long/often she may be able to go back to Thailand?

There is no actual maximum time allowed out of the UK during the residential qualifying period for both Further Leave to Remain and then Indefinite Leave to Remain.

However, when applying for both FLR and ILR she will need to show that she is a UK resident and has been for the whole period.

Which may be difficult to do if she has spent more time in Thailand than the UK!

[paulklee]

bobrussell

Your wife is joining you in the UK (even if you arrive together!)

This is the bit that confused me every time! I kept looking for another route, where I wasn't in the UK waiting for my wife. Maybe it's obvious for some folk, but I just didn't get it! Thanks for clarifying.

[paulklee]

7by7

There is no actual maximum time allowed out of the UK during the residential qualifying period for both Further Leave to Remain and then Indefinite Leave to Remain.

However, when applying for both FLR and ILR she will need to show that she is a UK resident and has been for the whole period.

Which may be difficult to do if she has spent more time in Thailand than the UK!

This might be an issue in the early years, especially with my wife's older parents. It's tough enough to leave them but she will want to get back to them on a frequent basis.

It begs the question, for the next few years, is there a better visa option for her? Back to back visitor visas? A 2 or 5 year visa (10 is too long)? I think if the UK Government allowed it, then back to back visitor visas would be ideal until the Thailand situation is resolved (it can't be that long, her parents are quite old).

Does this option make sense? Would HMG allow back to back visitor visas (not exactly back to back, there would be at least a month in between)? I know the air fares would be an unwanted expense but maybe necessary under the circumstances?

Thanks again for contributing...

[7by7]

There is no other visa which would suit your situation; it's either settlement or visits.

Regardless of the term of a visit visa, as you say it can be as long as 10 years, the maximum time allowed in the UK per visit is 6 months.

In addition, although not an actual rule, usually a visitor can only spend a maximum of 6 months out of any 12 in the UK; this is to prevent people from using frequent, regular visits for de facto residence. Which is essentially what you are suggesting.

With regard to time spent out of the UK with a settlement visa or FLR; it is, as said, impossible to say how long, as each case is treated on it's own merits; taking into consideration not just the frequency and length of each absence, but the reasons as well.

Mere holidays would, obviously, not carry as much weight here as compassionate visits to elderly, sick parents.

A lot depends on how often and how long for she expects to be in Thailand and ditto for the UK.

It is really only a decision the two of you can make; but if she is likely to be spending more time each year in the UK than Thailand, I'd go for settlement.

[paulklee]

Thanks 7x7 for your update.

I had read somewhere that there was an actual declared limit on how much time could be spent out of UK while going through the Settlement process. If what you say about no actual time limit but each case is looked at in terms of the individual circumstances. Assuming the travel out of UK is not abused or excessive, that measure would be OK for us. Is my understanding correct?

It looks as though me and the kids might have to go to UK before the application has been fully processed and approved (hopefully!). But at the time of making the application we will all definitely be here in Thailand with the wife. Does she complete the application saying we are in Thailand; or say we are in UK (although when making the application we will be in Thailand); or put a covering letter in about this?

Is there a priority application process in Thailand yet for Settlement Visas?

Is there an alternative to showing Title Deeds to show house ownership in UK? The original documents are with the solicitor in UK and I prefer not to have them sent out here. And as I am the sponsor, do I just have to prove house ownership to satisfy the accommodation section of the application?

Will an online Council Tax statement be accepted?

many thanks for any detail, it's much appreciated

[7by7]

I think that, like many before you, you may be confusing the limit on time spent out of the UK whilst meeting the residential qualification for naturalisation with that for FLR and ILR.

There is a maximum limit for naturalisation, which for a spouse or civil partner of a British citizen is a maximum of 270 days in total during the three years prior to applying with a maximum of 90 days in the final year. There is some flexibility on this, absences of 300/100 days are usually ignored and longer absences may be allowed depending on the reason, e.g. accompanying the British partner while they are stationed abroad.

As said, there is no such fixed limit for FLR or ILR; each case being treated on it's own merits.

However, I would surmise that absences of up to 90 days per year would not cause any problems in a FLR or ILR application. But that is my opinion only; as said each case is treated on it's own merits.

If by the time she applies you and the children are UK residents, then this is what she should say in her application, if asked. I'd also mention it in your sponsor's letter.

Yes, there is a priority application service in Thailand; see Priority Visa Service - Settlement Visa.

There is no need for the deeds for your house.

You do have to show that there is sufficient accommodation for her; but a simple description of the property and who else lives, or will be living, there should suffice.

However, as you own the property I think it's a good idea, but not essential, to provide some evidence of this, such as a mortgage statement if you have one. A council tax bill doesn't show who owns the property, but it will confirm that you live there.

[bobrussell]

The aim for FLR and ILR is to show primary residence is in the UK. If your family are living in the UK, being educated here then this is clearly the family base and you have a sound argument for residence. If there are reasons for lengthy absences this can be clarified in a covering letter with the next application.

As stated by 7by7 these absences become more important for naturalisation applications. Even here it is possible to receive flexibility on compassionate grounds.

[paulklee]

Hi 7by7 and bobrussell, so many thanks for your help with this. The visa issue is such a huge change and commitment and it is all quite stressful to me.

It's now likely that we are running out of time to achieve the award of a settlement visa before going to UK. My kids have a school arranged for next term and I'm sure I can arrange a few days delay at the beginning of term but it looks as though the process will take longer than that.

Is it possible for my wife to get another Visitor Visa and then go through the Settlement process while in UK? Her existing Visitor Visa to UK won't expire until 9th August (she was in UK from Feb until early July).

The other options it seems to me: are to pay for fast track at both NARIC and the Visa Service, quite a chunk of change but maybe necessary? OR, my wife stays in Thailand for an extended period while the children and I head to UK. Any other options?

A detail issue: my wife's parents do not have birth certificates, is that an issue for the application?

Thanks again for all the help

[paulklee]

sorry,

...is that an issue for the application?

means

is that a problem for the application?

[bobrussell]

Lots of older Thai's do not have birth certificates. Many don't have a known birth date! Not sure why you are worrying about your wife's parents birth certificates as they are not required. On the form you can enter 01/01/1900 and briefly explain the situation. The UKVI staff are fully aware this is often the case.

A visit visa cannot be converted to settlement in the UK.

The timescale for visa processing varies but tends to be longer at this time of year because student visa applications are at a peak.

[paulklee]

Thanks bobrussell and theoldgit for the link. We are starting the online application today depending on answers. We sent off the NARIC's application on Saturday.

bobrussell: Good point about not needing the wife's parents' birth certificates. I was following the list of stuff on this thaivisa thread but didn't read far enough down to see that a lot of that stuff just isn't necessary. But I guess at the financial cost of these applications there will always be the tendency to throw everything, including photos of the kitchen sink, at the application!

Some more questions please, hoping for some answers

1. You mentioned that a visitor visa cannot be converted to Settlement within the UK. When I start the application process, looking at the guidelines, it says:

1. Overview
You need a ‘family of a settled person’ visa if you want to stay (‘remain’) with a family member or partner (eg spouse) who’s living in the UK permanently and you’re:
already in the UK
from outside the European Economic Area (EEA) and Switzerland
You can apply if you’re eligible and you need to:
extend your existing ‘family of a settled person’ visa
switch to a ‘family of a settled person’ visa
Your family member or partner can:
be a British citizen
have settled in the UK
be your partner who has asylum or humanitarian protection in the UK

What situation does that option apply to, if not a switch from Visitor to Settlement?

2. Can the Financial Requirements Form be completed online or can it only be done as a part of the documents to be submitted at the interview? From the website info, it looks like a manual form only.

After you have completed the online form, you must complete the relevant Financial Requirement Form, Appendix 2 of VAF4A, which can be found at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270484/VAF4A-Appendix2.pdf .

If you are applying for settlement as the parent, grandparent or other dependant relative of someone in the UK, your sponsor needs to complete and sign the Sponsorship Undertaking Form (SU07), which can be found at: www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/sponsorship-form.pdf. By signing this form, your sponsor confirms that they will be responsible for your maintenance and accommodation in the UK. You should include this completed form when you make your settlement application.

3. I assume there is no need for me to complete the Sponsorship Form SU07 as indicated above but I'd appreciate it if someone can confirm that please.

4. Are there any HOTSPOTS in the application/documentation process/forms that we should pay particular attention to? The Financial Requirements will be met by a mixture of income and savings, is that a issue to take extra care with? My accounts are online, will print outs be OK for the process?

5. theoldgit mentioned that previous visitor visas to the UK won't be a consideration. Is that 100%? Surely, the visa history of the Settlement Applicant will be taken into account? My wife got a Marriage Visa in 2002, so surely that history is relevant?

So many thanks again, once the application form has started in earnest the questions will stop, I really hope so.

[theoldgit]

1. The link you have provided, is as it says relevant for people who are already in the UK, you can click through for the various criteria. As has been pointed out already, your wife cannot convert a visit visa.

2. You have answered your own question about the financial requirements and you have posted the link.

3. You're correct, the sponsorship form doesn't apply in your case.

4. No, just be thorough and check and double check that all the requirements are met and properly evidenced.

5. The previous visit visas are of no relevance at all, when she applied for her visit visas she had to satisfy the ECO that she would leave the UK at the conclusion of her visit, when applying for settlement she has to satisfy the ECO that she meets the requirements to settle. Of course you may feel it's appropriate for her to mention the time living in the UK and briefly describe how and why that came to an end, but I was clearly describing her time in the UK as a visitor, not a resident.

[7by7]

Further to your question 1, and to confirm what theoldgit says; your quote from 1. Overview of the guidance contains the important words "If you're eligible."

If you read all of the guidance you will find under 3. Eligibilty that it clearly states

You can apply to extend or switch in any of these routes if you’re eligible, except if you have permission to be in the UK:
as a visitor
for less than 6 months - unless you got your visa to get married or become civil partners or you got your visa to wait for the outcome of a family court or divorce
(7by7 emphasis)

[paulklee]

Thanks oldgit and 7by7 for putting me right, again!

My first attempt at a part of the Settlement process ended in a fail! See this link

[paulklee]

7by7 said:

There is no need for the deeds for your house.
You do have to show that there is sufficient accommodation for her; but a simple description of the property and who else lives, or will be living, there should suffice.
However, as you own the property I think it's a good idea, but not essential, to provide some evidence of this, such as a mortgage statement if you have one. A council tax bill doesn't show who owns the property, but it will confirm that you live there.

I've read in another forum that the Title deeds are necessary if you own the house and it's fully paid off, such that there is no mortgage documentation to prove ownership. That's my situation, so what can I reasonably use to prove ownership if not the Title Deeds which as I said are with the solicitor in UK?

My kids have British Passports and British Registered Birth Certificates. Does my wife still have to submit their Thai passports/birth certificates as part of the process?

[theoldgit]

There is always a danger that when you read multiple forums you will receive conflicting advice. 7by7 is correct when he says that you don't have to supply the deeds to your house and you certainly don't need to prove that the mortgage has been paid off, you do have to satisfy the ECO that there is sufficient accommodation available and that you are able to live there.

The guidance actually says:

Details of the accommodation that you and your sponsor intend to live in and permission for you to stay there along with evidence of any other occupants, This could include: Land Registry documents, mortgage statements, rent book or tenancy agreement, council tax statements, property inspection report, utilities bills, accommodation details with a supporting letter from the occupant/ landlord confirming that you are able to stay there

Settlement supporting documents guide.pdf

[paulklee]

Many thanks theoldgit

I know there is a risk of conflicting advice but in a sense that's partly what I want, to see where opinions might differ. I can see the other logic too - if you are a house owner, how can you prove that without showing the Title Deeds? I had already read the supporting documents file you kindly copied me and Land Registry documents top the list of options. I just want to make sure that I submit documents that will allow no ambiguity or second thoughts or further investigation, so I have decided to order a copy online of the Land Registry documents, which is quite a cheap and fast process.

Does anyone have a view on my other question?

My kids have British Passports and British Registered Birth Certificates. Does my wife still have to submit their Thai passports/birth certificates as part of the process?

Thanks again.

[7by7]

Where does it say that these documents are required for your wife's application?

I can't find it in any of the guidance nor on the paper application form; but have not, of course, looked at the online form.

If, however, you want to demonstrate their British citizenship then a self certified copy of their British passports should suffice.

If you want to provide evidence that they are her children then I'd use their Thai birth certificates with a certified translation. A consular birth certificate is not, IMHO, really worth the effort and cost of obtaining as it carries no more legal weight in the UK than the Thai original.