UK Settlement Visa - Where to Apply?

[dbrenn]

I'm planning to apply for a UK settlement visa for my wife. Her details are:

 

1) She's originally Thai

2) She moved to Australia to live with me in 2009, on a settlement visa, and she subsequently naturalised as an Australian citizen in 2013, meaning that now she is a Thai / Australian dual national

3) We mover to Thailand in 2013, and are still living here

4) We are planning to spend a few months in Oz, and then migrate to the UK

 

Now my questions:

1) Will we be able to apply for her UK settlement visa as soon as we arrive back in Oz, or will she have to apply here, where we have been most recently resident -- will having just arrived back in Oz prevent her from applying there?

2) As an Australian, she will be exempt from the English language test, but residing in Thailand she will have to take the TB test. If we apply in Oz, will she be exempt from the TB test or will she still have to take it?

3) What are the processing times for an Oz application, versus a Thailand application?

 

Just trying to make this as easy as possible Thanks for helping out all.

[gandalf12]

Not sure if helps but I will tell what I know. I obtained a settlement visa for my Thai wife quite a few years ago so things have probably changed.

At the British Embassy we obtained a 2 year visa. With that she had to spend at least a month in the UK before renewal but could come and go as she wanted. After 2 years I wrote to the Home Office asking for a settlement visa and surprisingly they issued her with one.

One of the differences is I am British, also the stupid test that is now in existance did not apply at the time we applied for the visa.

What I remember is the Embassy does not issue the full settlement the visa,  that is issued by the Home Office of ceiling you are in the UK.

Not sure if this helps but it is the best I can offer you. Good luck anyway

Edited October 10, 2016 by gandalf12

[theoldgit]

Yes, the previous post is years out of date.

Your wife can apply for a Settlement Visa from wherever she's legally resident, if she holds Australian Citizenship then it makes sense to apply there as she will not need to take the English Test, the TB examination will depend how log she's been in Australia, if it's less than six months I think she will need the examination, she will also have to pay the NHS Surcharge. 

I'm afraid I cannot help with the process times.

 

http://www.vfsglobal.co.uk/australia/vfsglobalintroduction.html

[7by7]

With respect to Gandalf, his information is, as theoldgit says, way out of date and so should be ignored.

 As you know, I have given detailed information on the current procedure and requirements in another topic.

 

Processing times can be checked here, although they are not very up to date!

 

Remember, though, that past processing times are no guarantee of future ones.

 

Strictly speaking she should apply in her country of residence; but as long as she has an Australian address and remains in Australia throughout the process, I don't see a problem in applying there.

 

The TB test requirement is dependent upon where one applies, not nationality. If she applies in Thailand, even using her Australian nationality, she will need one. If she applies in Australia she wont; subject to the caveat explained by theoldgit above.

 

 Whether she applies in Thailand or Australia, as an Australian citizen she will be exempt from the English speaking and listening test. The same when she applies for FLR and ILR. But, she will need to pass the LitUK test for her ILR.

 

I'm assuming you are British or dual British/Australian. If you are not, then you, too, will need to apply, of course.

[dbrenn]

Thanks all

[dbrenn]

One more question: the financial requirement. I have cash savings of more than 62,500 for the initial application, but I find the documentation a bit confusing on how much in cash savings is required for the subsequent FLR and ILR applications - is the whole 62,500 required on each step or does it diminish:

 

1) Initial application: GBP 62,500 cash is required

2) FLR after 2.5 years -> how much is required?

2) ILR after 5 years -> how much is required?

 

Section 7.3.3 of this document is the art that I'm not sure about ....

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

 

I'm British, so the application is just for my wife.

 

Thanks again

 

Edited October 11, 2016 by theoldgit
Unecessary follow on quotes removed.

[theoldgit]

7.3 is for members of the Armed Forces, unless that is you, you need to be looking at 7.2.

 

 

[Eneukman]

I've been looking into this as well though it is likely to be some 18 months / 2 years before I take the step unless the £ falls even further down the drain. 

 

One point I've noticed is that when the settlement visa is issued, your wife must enter the UK within 1 month of that date or she'll have further hoops to jump through. 3 months would be a more reasonable time scale but that is the UK government. 

 

I would be going down the income route using a combination of pensions and investment income. My pension income is below the figure of £18,400 (?) but when my investment income is included it is considerably in excess of it. However, can you use a combination of income and money in the bank as you can for extending your permission to stay here?

 

The plan just now is so visit Scotland for 2 weeks for a holiday next year. Is there a time limit after we return before my wife can apply for a settlement visa? I would need to sell my condo before returning to the UK to live. I understand that the settlement visa allows her to work once we arrive in the UK. Is there any limit to the number of hours she can work?

 

I am aware of the need to confirm that my wife is free from tuberculosis before she can apply for a settlement visa and that there is only one hospital in Bangkok where the test must be done. However, is it possible to have this done locally (Pattaya)?

 

In addition, she has to show a basic understanding of English (IELTS - level A1). I've found this site - https://www.ielts.org/what-is-ielts/ielts-for-migration/united-kingdom/ielts-life-skills. Is this still up-to-date and more important is the sample test truly representative of the English language requirement to obtain a settlement visa. I am aware that further tests will be required before she can apply for permanent residence status but is there also a further test once the initial 33 months she will be granted expires?

 

Thanks,

 

Alan

[dbrenn]

20 minutes ago, theoldgit said:

7.3 is for members of the Armed Forces, unless that is you, you need to be looking at 7.2.

 

 

Ah yes, thanks.

 

So, from section 7.2, assuming cash savings only and no other income:

 

1) Initial application: GBP 62,500 cash is required 

2) FLR after 2.5 years: GBP 62,500 cash is required

2) ILR after 5 years: GBP 40,500 cash is required

[theoldgit]

That's how I read it yes.

Don't forget that any earnings, including your wife's if she's working, can be used to reduce the level savings required at the FLR and ILR stages.

[dbrenn]

1 minute ago, theoldgit said:

That's how I read it yes.

Don't forget that any earnings, including your wife's if she's working, can be used to reduce the level savings required at the FLR and ILR stages.

OK, thank you

[7by7]

7 hours ago, Eneukman said:

I would be going down the income route using a combination of pensions and investment income. My pension income is below the figure of £18,400 (?) but when my investment income is included it is considerably in excess of it. However, can you use a combination of income and money in the bank as you can for extending your permission to stay here?

 

Yes. Savings above £16,000 and income, except for some reason self employed income, can be combined to meet the requirement at every stage; initial visa, FLR and ILR. Income from different sources can also be combined.

 

BTW, if using income alone the minimum required is currently £18,600 p.a.

 

7 hours ago, Eneukman said:

The plan just now is so visit Scotland for 2 weeks for a holiday next year. Is there a time limit after we return before my wife can apply for a settlement visa? I would need to sell my condo before returning to the UK to live. I understand that the settlement visa allows her to work once we arrive in the UK. Is there any limit to the number of hours she can work?

 

No, there is no minimum time which must elapse after leaving the UK as a visitor and applying for settlement. She could submit the application the day she arrived back in Thailand if she wished. The only limit is that she cannot apply for settlement in the UK whilst there as a visitor, so will have to return home to do so.

 

Yes, spouses and partners can work immediately they arrive with a settlement visa and there is no limit on the number of hours worked other than the 48 hours per week maximum which applies to nearly every one.

 

7 hours ago, Eneukman said:

I am aware of the need to confirm that my wife is free from tuberculosis before she can apply for a settlement visa and that there is only one hospital in Bangkok where the test must be done. However, is it possible to have this done locally (Pattaya)

 

No, the TB test has to be taken at the IoM in Bangkok. See Tuberculosis testing in Thailand

 

7 hours ago, Eneukman said:

In addition, she has to show a basic understanding of English (IELTS - level A1). I've found this site - https://www.ielts.org/what-is-ielts/ielts-for-migration/united-kingdom/ielts-life-skills. Is this still up-to-date and more important is the sample test truly representative of the English language requirement to obtain a settlement visa. I am aware that further tests will be required before she can apply for permanent residence status but is there also a further test once the initial 33 months she will be granted expires?

 

The current English speaking and listening minimum requirement for each stage is:

• initial visa, A1;
• FLR, A2;
• ILR, B1.

Click here for the current list of approved providers; those in Thailand are on page 13.

 

I can't comment on the sample test in your link. However the level required for the initial visa, A1, is very basic; see the tables here (I am not recommending these people, merely using their explanation of the various levels of the CEFR).

 

If of the required minimum grade or better a pass which has been used for a successful visa or LTR application can be used again for subsequent applications; even if the certificate has expired or the provider is no longer on the approved list. So if possible, she should aim for B1 so she can use that pass for her FLR and ILR applications as well.

 

These tests are speaking and listening only. For ILR, though, she will also need to pass the written LitUK test.

 

 

 

 

 

Edited October 11, 2016 by 7by7
Addendum

[TCA]

8 hours ago, dbrenn said:

Ah yes, thanks.

 

So, from section 7.2, assuming cash savings only and no other income:

 

1) Initial application: GBP 62,500 cash is required 

2) FLR after 2.5 years: GBP 62,500 cash is required

2) ILR after 5 years: GBP 40,500 cash is required

 

The ILR cash requirement has been debated on here before, thanks to the confusing table in that section. £40,500 is a nonsense number to use in that table as an example. The exact figure is £34,600

 

At the indefinite leave to remain stage, the whole of the amount above £16,000 can be used. And the following equation is to be used:

 

(x minus 16,000) = y

 

Where x is the total amount of cash savings held by the applicant, their partner, or both jointly for at least the 6 months prior to the date of application and under their control. And y is the amount which can be used towards the financial requirement.

 

The financial requirement is £18,600 so that is what y has to equal. Therefore x, the cash savings amount required, is £34,600.

 

Yes, according to the table £40,500 means no other income is needed from other sources but look at £33,000 which says that £1,600 income is needed from other sources. This confirms that £34,600 is the correct requirement.

 

The £16,000 buffer is applied at both entry clearance/FLR and ILR. The difference is that at entry clearance/FLR:

 

the amount of cash savings above £16,000 must be divided by 2.5 (to reflect the 2.5 year period before the applicant will have to make a further application)

 

whereas at ILR:

 

At the indefinite leave to remain stage, the whole of the amount above £16,000 can be used.

 

Why they couldn't have put the exact number £34,600 in their table is beyond me.

Edited October 11, 2016 by TCA

[dbrenn]

34 minutes ago, TCA said:

 

The ILR cash requirement has been debated on here before, thanks to the confusing table in that section. £40,500 is a nonsense number to use in that table as an example. The exact figure is £34,600

 

At the indefinite leave to remain stage, the whole of the amount above £16,000 can be used. And the following equation is to be used:

 

(x minus 16,000) = y

 

Where x is the total amount of cash savings held by the applicant, their partner, or both jointly for at least the 6 months prior to the date of application and under their control. And y is the amount which can be used towards the financial requirement.

 

The financial requirement is £18,600 so that is what y has to equal. Therefore x, the cash savings amount required, is £34,600.

 

Yes, according to the table £40,500 means no other income is needed from other sources but look at £33,000 which says that £1,600 income is needed from other sources. This confirms that £34,600 is the correct requirement.

 

The £16,000 buffer is applied at both entry clearance/FLR and ILR. The difference is that at entry clearance/FLR:

 

the amount of cash savings above £16,000 must be divided by 2.5 (to reflect the 2.5 year period before the applicant will have to make a further application)

 

whereas at ILR:

 

At the indefinite leave to remain stage, the whole of the amount above £16,000 can be used.

 

Why they couldn't have put the exact number £34,600 in their table is beyond me.

That's very good information, thank you. 

 

If the table is wrong for ILR, is the figure of GBP 62,500 correct for FLR?

[TCA]

The table isn't exactly wrong, it's just clear as mud. £62,500 is the correct number for both the initial visa and FLR. 

[Eneukman]

16 hours ago, 7by7 said:

 

Yes. Savings above £16,000 and income, except for some reason self employed income, can be combined to meet the requirement at every stage; initial visa, FLR and ILR. Income from different sources can also be combined.

 

BTW, if using income alone the minimum required is currently £18,600 p.a.

 

 

No, there is no minimum time which must elapse after leaving the UK as a visitor and applying for settlement. She could submit the application the day she arrived back in Thailand if she wished. The only limit is that she cannot apply for settlement in the UK whilst there as a visitor, so will have to return home to do so.

 

Yes, spouses and partners can work immediately they arrive with a settlement visa and there is no limit on the number of hours worked other than the 48 hours per week maximum which applies to nearly every one.

 

 

No, the TB test has to be taken at the IoM in Bangkok. See Tuberculosis testing in Thailand

 

 

The current English speaking and listening minimum requirement for each stage is:

• initial visa, A1;
• FLR, A2;
• ILR, B1.

Click here for the current list of approved providers; those in Thailand are on page 13.

 

I can't comment on the sample test in your link. However the level required for the initial visa, A1, is very basic; see the tables here (I am not recommending these people, merely using their explanation of the various levels of the CEFR).

 

If of the required minimum grade or better a pass which has been used for a successful visa or LTR application can be used again for subsequent applications; even if the certificate has expired or the provider is no longer on the approved list. So if possible, she should aim for B1 so she can use that pass for her FLR and ILR applications as well.

 

These tests are speaking and listening only. For ILR, though, she will also need to pass the written LitUK test.

 

 

 

 

 

 

Thanks for that information - most helpful. I think she'd be ab;e to pass the A1 test without too much difficulty though I'm not so sure about the B1 test. I'd forgotten that is she was able to pass this before we leave, she wouldn't have to take it again in the UK when she applies for ILR. She would still need English lessons once we get settled in. 

 

Alan

 

[dbrenn]

Another question: when applying offshore and meeting the financial and all the other requirements, is there a requirement to already have a place to live? I'd envisaged using an Airbnb place when we first land and looking around once we arrive. Or, do I have to have a place lined up first? 

[theoldgit]

You will note that the guidelines regarding supporting documents advises of evidence you may wish to provide them with as evidence of your accommodation, it goes onto say that you should not pay for any accommodation until the visa has been issued, of course the visa is only initially valid for 30 days, to allow for the Biometric Resident Permit needs to be collected.

 

I suspect many people are in a quandary over this when planning to travel to the UK together after living overseas, clearly you would need to satisfy the decision maker that you actually have a plan and don't plan to pitch up at Heathrow and start looking for somewhere to live, though quite what plan would satisfy an ECO in your position I really don't know.

 

Maybe someone who was in your position might advise how they addressed this area.  

[dbrenn]

4 hours ago, theoldgit said:

You will note that the guidelines regarding supporting documents advises of evidence you may wish to provide them with as evidence of your accommodation, it goes onto say that you should not pay for any accommodation until the visa has been issued, of course the visa is only initially valid for 30 days, to allow for the Biometric Resident Permit needs to be collected.

 

I suspect many people are in a quandary over this when planning to travel to the UK together after living overseas, clearly you would need to satisfy the decision maker that you actually have a plan and don't plan to pitch up at Heathrow and start looking for somewhere to live, though quite what plan would satisfy an ECO in your position I really don't know.

 

Maybe someone who was in your position might advise how they addressed this area.  

 

Does anyone else here have experience of getting the visa before arranging accommodation? As theoldgit rightly points out, it would be a common situation for people who have lived overseas for an extended period. 

 

Does merely putting forward a plan to find a place suffice? 

[TCA]

A common solution is to temporarily stay with family or friends if that's an option. When you apply include a letter of invitation from the property owners and a couple of documents proving they stay at the property in question. 

[7by7]

Do you have a friend or relative in the UK with a spare room?

 

If so, a letter from them in which they briefly describe the property, state how many people are currently living there (to show there's at least one room for your exclusive use) and confirming that you can live there until you find a place of your own should suffice. It did for us when my parents wrote such a letter. That was 16 years ago; but the accommodation rules and requirements haven't changed significantly, if at all, since then.

[dbrenn]

6 hours ago, 7by7 said:

Do you have a friend or relative in the UK with a spare room?

 

If so, a letter from them in which they briefly describe the property, state how many people are currently living there (to show there's at least one room for your exclusive use) and confirming that you can live there until you find a place of your own should suffice. It did for us when my parents wrote such a letter. That was 16 years ago; but the accommodation rules and requirements haven't changed significantly, if at all, since then.

 

Thanks - I'll ask my mum for a letter. I try not to bother her too much but I'm sure she'll help me here .....

[TCA]

Just type out the letter yourself (written as from your mum and including all the elements above as mentioned in 7by7's post) and ask her to sign it. I did it that way and included some copy i.d for my dad as the property owner, a recent bill showing the property address and a copy of the title deeds were handy so stuck those in as well.      

[Eneukman]

15 hours ago, TCA said:

A common solution is to temporarily stay with family or friends if that's an option. When you apply include a letter of invitation from the property owners and a couple of documents proving they stay at the property in question. 

 

Yes, that's my plan as well. I would stay with my brother until such time as we could arrange to rent a house or flat nearby (furnished to begin with).  A copy of his passport and a gas/electric/telephone bill could be included with the application.

 

Alan