Moving to UK - Wife's Visa

[Vice]

Hello,

 

I am a British citizen and my wife is Thai. We have been living in Thailand for 5 years now and we are looking at moving to the UK with our daughter who is British/Thai.

My wife has a 5 year UK Family Visit visa which allows her 6 months in the UK (no work), but we would now like to live there.

My question is, would my wife need to 'Apply to remain in the UK with family' prior to moving over (even though she has a visit visa), or can she 'Apply to remain in the UK with family' using the FLR (M) partner route when we arrive in the UK?

 

Your help would be much appreciated.

Thanks

 

[theoldgit]

Forget the visit visa, which is just that, a visa that allows her to visit the UK for up to six months in a twelve month period, she can't use it to settle in the UK.

 

If she wants to settle in the UK she will need to apply from her home country, she will need to pass a basic English test and a TB test.

 

You will need to satisfy the minimum financial requirements in respect of her application, but not your child's.

[Vice]

Thanks for the quick response,

I just wondered why they had that option to apply to remain.
I will now trawl through all the info for the settlement visa and hopefully I can use a lot of the paperwork we used for the visit visa. Looks like another trip to VFS!

So for info, do I need to go through this section on the GOV website: https://www.gov.uk/join-family-in-uk/overview

And I will need to prove gross annual income of £18,600 as our child is British?

[theoldgit]

If you look through the website for leave to remain you will see that it specifically excludes those on a visit visa.

Yes you will need to prove an income of £18,600 in respect of your wife's application, it would be higher if your child wasn't British.

As well as the application fee your wife will need to pay the Health Surcharge, again not for your child, you need to factor in the cost of the English test and TB examination.

Yes another trip to VFS I'm afraid, keep in mind that the burden of proof is very different for a Settlement Visa over one for a visit.

[7by7]

1 hour ago, Vice said:

So for info, do I need to go through this section on the GOV website: https://www.gov.uk/join-family-in-uk/overview

 

Yes.

 

You may also find the pinned topic UK settlement visa basics helpful; although it is a little out of date in parts, no mention of the health surcharge for example.

 

As theoldgit says, as your child is British she does not need a visa so does not need

• to pay the health surcharge,
• a TB certificate,
• an English language certificate

and is exempt from the financial requirement.

 

Note that the financial requirement can be met in several ways; I suggest a thorough read of the financial requirement appendix to see which is the best option for you.

 

See also Immigration Rules Appendix FM-SE: family members specified evidence for the evidence you will need to supply specific to your situation.

 

Note that Entry Clearance Officers have very little discretion on this point. If a required piece of evidence is missing they usually have no option other than to refuse. So prepare the application carefully.

Edited October 8, 2016 by 7by7

[Vice]

Thanks for the information theoldgit and 7by7.

 

I'm just thinking what the best plan would be to minimize the number of trips to Bangkok. Firstly she will need the English test & the TB test so wonder if we could get those done say on a Monday, then I would need to complete the online application and add the certificate numbers before booking an appointment. Then hopefully I would be able to book an appointment that same week.

I'll search through the forum and see what other people have done.

[Tony M]

1 hour ago, Vice said:

Thanks for the information theoldgit and 7by7.

 

I'm just thinking what the best plan would be to minimize the number of trips to Bangkok. Firstly she will need the English test & the TB test so wonder if we could get those done say on a Monday, then I would need to complete the online application and add the certificate numbers before booking an appointment. Then hopefully I would be able to book an appointment that same week.

I'll search through the forum and see what other people have done.

 

That probably won't work as a plan.  Depending on which English A1 test centre you choose, tests are usually only held twice a month.  Plus, the result is not immediate. You will need to allow at least a week for the result.

[RichardColeman]

Not being the brightest on visa issues, but looking at the document link above, can the financial requirement be met by having a large chunk of money in the bank or is that only indefinite leave ? I live here in Thailand with wife and child, I use rental income from house I own in bucks (high rent). Now, if I sell house, move up north uk, I could pocket say £100,000. On the link it says 62,000 in bank no income required. That true ? Or am I reading it wrong ?

[brewsterbudgen]

2 hours ago, Tony M said:

 

That probably won't work as a plan.  Depending on which English A1 test centre you choose, tests are usually only held twice a month.  Plus, the result is not immediate. You will need to allow at least a week for the result.

 

She can do the A1 test at IDP in Silom or the British Council (Nana).  Tests are usually held 2-3 times a month, maybe more frequently if there is demand.  The test itself only takes about 20 minutes.

[theoldgit]

2 hours ago, RichardColeman said:

Not being the brightest on visa issues, but looking at the document link above, can the financial requirement be met by having a large chunk of money in the bank or is that only indefinite leave ? I live here in Thailand with wife and child, I use rental income from house I own in bucks (high rent). Now, if I sell house, move up north uk, I could pocket say £100,000. On the link it says 62,000 in bank no income required. That true ? Or am I reading it wrong ?

Yes, you can use cash savings at the initial application stage and again at FLR stage, the cash must have been under your control for six months prior to the application, the first £16,000 of your cash savings are ignored.

You will note that after the first £16,000 is ignored the remaining £46,500 equates to the minimum income requirements for the initial 2.5 years.  

[iancnx]

Good info here.  Many thanks.

[KNJ]

As previously stated, make sure you have the full supporting documentation and in original document, make copies of everything for them to retain.

Make sure you select the correct form and complete it fully. ( I oriented one for the wife a few months before our application for FLR, arrived to submit and was told it had already changed version twice since I printed it out )

Income wise cash or monthly income or a combination of the two can be used.

Any documentation in a foreign language needs an official stamped translation.

Do not be tempted to lie in any part of the form, you will need to print out and take a hard copy of the form.

Double check everything on the form and documents, minor slip up can result in refusal.

It is all a real pain, but not impossible good luck

[7by7]

7 hours ago, RichardColeman said:

Not being the brightest on visa issues, but looking at the document link above, can the financial requirement be met by having a large chunk of money in the bank or is that only indefinite leave ? I live here in Thailand with wife and child, I use rental income from house I own in bucks (high rent). Now, if I sell house, move up north uk, I could pocket say £100,000. On the link it says 62,000 in bank no income required. That true ? Or am I reading it wrong ?

 

5 hours ago, theoldgit said:

Yes, you can use cash savings at the initial application stage and again at FLR stage, the cash must have been under your control for six months prior to the application, the first £16,000 of your cash savings are ignored.

You will note that after the first £16,000 is ignored the remaining £46,500 equates to the minimum income requirements for the initial 2.5 years.  

 

You can also combine cash savings above £16,000 with most types of income, including non employment income, to reduce the amount of each required.

 

You do not necessarily need to sell your property as you can use the rental income towards meeting the requirement; either on it's own if high enough or combined with cash savings or allowable income from other sources such as employment. See "6. Non-employment income" and "6.2. Property rental – further guidance" in the financial requirement appendix

 

See also Immigration Rules Appendix FM-SE: family members specified evidence for the evidence you must provide, depending on how you are meeting the requirement.

[Vice]

On 10/10/2016 at 4:55 AM, brewsterbudgen said:

 

She can do the A1 test at IDP in Silom or the British Council (Nana).  Tests are usually held 2-3 times a month, maybe more frequently if there is demand.  The test itself only takes about 20 minutes.

 

Thanks. I've been browsing the forum and it is the A1 Life Skills test that is required. For anyone that is also looking at the test, here are the current test dates:

 

IDP Education Bangkok - 4th Floor CP Tower, Bangrak:

04 November 2016

17 November 2016

01 December 2016

16 December 2016

Registration is via this link: https://my.ieltsessentials.com/Candidate/Booking/Wizard

 

British Council Bangkok - 7th Floor of Landmark Hotel:

06 November 2016

01 December 2016

16 December 2016

Registration is via this link: https://thailand.ielts.britishcouncil.org/iorpsea/html/registration/selectExamTypeServlet.do

 

Prices for both venues is THB7395

We will probably do the IELTS test and then book the TB test either the day before or after so we're not rushing around.

[post]

In addition, one has to meet the "Accommodation Requirements".

Edited October 15, 2016 by post

[7by7]

1 hour ago, post said:

In addition, one has to meet the "Accommodation Requirements".

 

Indeed; but for most couples that is not very difficult.

 

The relevant part of the immigration rules is para E-ECP.3.4

Quote

The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if-

( a ) it is, or will be, overcrowded; or

( b ) it contravenes public health regulations.

Do not worry about the "own or occupy exclusively" part.

 

From the Maintenance and Accommodation guidance

Quote

MAA10 Legally owned or exclusively occupied

 

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, for example, that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use.

 

If the couple have children with them there must be additional adequate accommodation for them (see MAA134 for maximum numbers of persons allowed).

 

Note that the maintenance parts of that guidance only apply to those who for one reason or another do not have to meet the financial requirement; or rather are able to meet it through adequate maintenance. See 3.6. Meeting the financial requirement through “adequate maintenance” of the financial requirement appendix.

[rasg]

We will probably do the IELTS test and then book the TB test either the day before or after so we're not rushing around.

 

Try and get an earliesh appointment at IOM for the TB test. You have to go there first and they then send you to the hospital. It sometimes takes more than one XRay. Then you have to schlep back to the IOM building to collect the certificate. My wife had an 11.00 am appointment and it was touch and go to get the certificate with a single XRay by about 4.00 pm.

Edited October 15, 2016 by rasg

[dbrenn]

The IOM is a bit difficult to contact. I'm trying to make an appointment. I called them and was directed to a website which doesn't work. I've now emailed them hoping to get an answer. ...

 

I might go there on Monday. ..

[Vice]

19 hours ago, rasg said:

We will probably do the IELTS test and then book the TB test either the day before or after so we're not rushing around.

 

Try and get an earliesh appointment at IOM for the TB test. You have to go there first and they then send you to the hospital. It sometimes takes more than one XRay. Then you have to schlep back to the IOM building to collect the certificate. My wife had an 11.00 am appointment and it was touch and go to get the certificate with a single XRay by about 4.00 pm.

 

Yeah I was looking to get an early appointment as others have said it can take a while. late morning means you get stumped with the inevitable lunch break. We will go early 8 or 9am.

[Vice]

2 hours ago, dbrenn said:

The IOM is a bit difficult to contact. I'm trying to make an appointment. I called them and was directed to a website which doesn't work. I've now emailed them hoping to get an answer. ...

 

I might go there on Monday. ..

 

Have you tried this link: https://register-uktb.iom.int/uktbdp-register/login.jsp

Seems to be working. Haven't registered yet though

[dbrenn]

1 hour ago, Vice said:

 

Have you tried this link: https://register-uktb.iom.int/uktbdp-register/login.jsp

Seems to be working. Haven't registered yet though

 

Ahhhhh ... thanks a lot! That link works.