Uk Settlement Questions

[ldma]

I have a few questions regarding a UK settlement visa for my wife who will be coming back along with our daughter (who holds dual nationality Thai/UK).

We have been married 4.5 years and are planning to relocate back in the Uk in around 18 months time.

My wife has a sucessful career here as a University admiistrator and head of department and has a Masters with Distinction from a top UK University and we both feel that she is eminently qualified to take up a similar position back in the UK.

Looking at the VAF2 form and instructions, it appears that as a married couple, she would be entitled to work straight away. Is this correct or would she need an additional work permit? Would there be anything barring her under a settlement visa from taking up a job as outlined before? I noted that fiancees are barred from working for six months, but it said nothing about wives.

The other thing that concerns me is the apparent need for me to have somewhere for us to live and for me to have a job myself. How realistic is it going to be for me to be able to arrange this visa without having to return to the UK to arrange stuff like this? I've probably got enough savings and a fairly stable residual income to last a good few months before we're on the breadline so is this a mitigating factor?

Thanks in advance to any answers you can give me an apologies if it's been asked many (many) times before.

[GU22]

As you have been married for so long, it is probable that instead of being given a spouse visa, which has to be converted to Indefinite Leave to Remain after 2 years, she will be granted Indefinite Leave to Enter, which means she can live in the UK indefinitely. Either way, she will be able to work immediately.

As you have been living (and working?) in Thailand for so long it is understandable that you may not have a job or accommodation in the UK. This need not be a problem if you have friends or relatives who can temporarily accommodate you and your family, and if necessary support you until you find work. Any savings you may have can be used for this as well, of course.

Obviously, the better your employment prospects the easier this will be, so it would be a good idea to have some interviews lined up for when you return, if possible.

See DSPs Chapter 9 – The maintenance and accommodation requirements and CHAPTER 13 - SETTLEMENT : FIANCÉ(E)S, PROPOSED CIVIL PARTNERS, SPOUSES, CIVIL PARTNERS, UNMARRIED AND SAME-SEX PARTNERS

[ldma]

As you have been married for so long, it is probable that instead of being given a spouse visa, which has to be converted to Indefinite Leave to Remain after 2 years, she will be granted Indefinite Leave to Enter, which means she can live in the UK indefinitely. Either way, she will be able to work immediately.

As you have been living (and working?) in Thailand for so long it is understandable that you may not have a job or accommodation in the UK. This need not be a problem if you have friends or relatives who can temporarily accommodate you and your family, and if necessary support you until you find work. Any savings you may have can be used for this as well, of course.

Obviously, the better your employment prospects the easier this will be, so it would be a good idea to have some interviews lined up for when you return, if possible.

Thankyou very much for that, both my wife and I are feeling a lot more confident for it.

I do have family I could write down as initial hosts, though it would be more than lilkely that we'd do little more than dump our luggage there and head off to look for our own place immediately.

From the information you have sent me it seems that they would take not just my own employment prospects but those of my wife into consideration. Is that a reasonable assessment? It's just that I'm in the unusual position (for Thailand) where my wife is likely to have a greater earnings potential in the UK than myself.

[the scouser]

I think you're worrying too much, despite having a propensity for the occasional solecism.

Providing that it can be demonstrated that either you or your missus can bring home the bacon, everything will be hunkydory.

Scouse.

[ldma]

Now what solecisms could you be referring to now Mr Scouser?

Ok, anyway...we're feeling a lot more confident about it all. It's such a shame Thailand is not so accomodating to foreign husbands.

[paully]

The other thing that concerns me is the apparent need for me to have somewhere for us to live and for me to have a job myself. How realistic is it going to be for me to be able to arrange this visa without having to return to the UK to arrange stuff like this? I've probably got enough savings and a fairly stable residual income to last a good few months before we're on the breadline so is this a mitigating factor?

Thanks in advance to any answers you can give me an apologies if it's been asked many (many) times before.

Hi, LDMA.

GU22 and Scouser have given you the usual helpful and accurate info. As regards somewhere to live for the application, yes, you'll need to show that your wife will be housed somewhere and not at public expense. I don't know exactly what family and contacts you have in the UK but I'm sure that parents or relatives or friends would be willing to indicate that you, she and your little one can stay with them and that they have the room to do this - a letter plus copy of the Land Registry certificate entry or tenancy agreement should be okay. You don't need to be in a job before arriving if you can show you have sufficient finances and, again, if parents or relatives are willing to assist by furnishing details of savings held and their willingness to support if necessary, etc this will be useful. If you or your wife can get a job offer from the UK, of course attach the offer letter to the application (this is what I did for my wife's application in July before I started work here in the UK in September). Naturally, you could also attach evidence of requests for job interviews. If your wife can explore any links she may have with her old university or other UK universities, then she may be able to come up with a decent post - also try looking at the jobs page on tes.co.uk under further education and universities as well as the Guardian website. Good luck.

Edited November 30, 2006 by paully