Confused by UK visas...

[letiz7]

Hi all,

 

Apologies if this has been covered elsewhere, but I'm not 100% certain of a few key things regarding settling in the UK. 

 

Here is my situation: I'm from the UK, married to a Thai woman, and have a 3 week-old daughter, who was born in Bangkok. 

 

I reside in Bangkok, and meet the financial requirement....just. 

 

We want to move back to the UK, and have been proceeding along what we thought was the current path, for example, my wife has taken the A1 test, and is due to take the TB test tomorrow. 

 

I'm also about to obtain a British passport for my daughter. Incidentally, I have the requirements for that in a concise email, in case anyone should wish to know exactly what is required.

 

So my question is, what visa do I plump for? It seems like the UK GOV website assumes that I'm in the UK, and my wife and child are coming to join me. Or am I being a bit slow and have missed the visa that applies to our situation?

 

I'd appreciate it if anyone could shed some light on this.

 

Cheers. 

[KNJ]

Get the British passport for daughter. - No issues

Wife will have to apply in Thailand,

then 2 1/2 years later FLR in UK

Then 2 1/2 years later ILR in UK

[letiz7]

49 minutes ago, KNJ said:

Wife will have to apply in Thailand

Sure, but which visa, exactly?

 

I only raise it because of confusing sentences that seem to equate settlement with ILR: 

 

You may be eligible for settlement (‘indefinite leave to remain’) if your partner is a:

• British citizen
• person settled in the UK

 

 

[KNJ]

I take it your wife is Thai and you have been married 2 years with an official marriage certificate ( need certified translation of this ) as well as a lot of other bits and pieces .

Easiest route is partner on the 5 year route. There are various forms but spouse is the one you want

Forms change quite often ( minor modifications ) so download the latest version

Make sure you complete ALL the relevant sections

Make sure you have all the supporting evidence

Very often they ask for originals, or certified translations if not in English, make copies of those so they can keep them ( You may need again at FLR and ILR)

[KNJ]

Read guidance FM 1.0a

[letiz7]

Cheers for the advice.

 

We've been married since January 2016; got the certs in April, so no, not two years. 

 

Obvious question: how does that affect our application?

 

 

[theoldgit]

Your wife applies to join family in the UK, despite the fact you're actually living in Thailand join-family-in-uk

Ignore the previous advice about being married for two years, it's incorrect. There is a route whereby an unmarried couple who have been living together in a relationship akin to marriage can apply for a settlement visa, but clearly that doesn't apply to you guys.

I would be applying for your daughters passport as soon as you can. 

[KNJ]

Read the guidance, needs to be two years, or at least prove you have been in a relationship for that time .

It is upon yourself to prove this.

Currently if you do not meet this it may be refused, however you have the right to appeal due to wife being mother of the child under EU guidance, but do not hold your breath on this.

Do not forget you will also need now to pay NHS surcharge (500GBP)

[letiz7]

Thanks gents. That seems to clear things up.

 

Yes, 5 years together, all very provable. 

 

 

[theoldgit]

46 minutes ago, KNJ said:

Read the guidance, needs to be two years, or at least prove you have been in a relationship for that time .

It is upon yourself to prove this.

Currently if you do not meet this it may be refused, however you have the right to appeal due to wife being mother of the child under EU guidance, but do not hold your breath on this.

Do not forget you will also need now to pay NHS surcharge (500GBP)

People come here for meaningful and accurate advice, if you don't know the answer please don't guess.

UKVI said:

 

You must prove that you and your partner are 18 or over and in a genuine relationship.

You must be one of the following:

• married or civil partners

• living together in a relationship for 2 years

• engaged to be married or to become civil partners

As I pointed out earlier the two year requirement is for an unmarried couple living in a relationship akin to marriage for at least two years, many couples marry and apply for a Settlement Visa the following day, if they fulfil the rest of the requirements, visas are issued.

[KNJ]

17 minutes ago, theoldgit said:

People come here for meaningful and accurate advice, if you don't know the answer please don't guess.

 

 

So on your premise and understanding of this rule, someone coming on holiday and marrying could then apply the following day for this route....... Good luck with that one, which is why the rules are applied in such manner.

You make it sound as if marriage gives an automatic ride to apply, and reside in UK (all other considerations being met) It does not

[7by7]

Anyone has the right to apply for a UK visa of any type; whether they will be accepted and the visa issued is a different matter!

 

There is no minimum period a married couple need to have been married in the Immigration Rules; ditto for civil partners, ditto for fiances, ditto for proposed civil partners. Although they do all have to show that the relationship is genuine and subsisting.

 

1 hour ago, KNJ said:

So on your premise and understanding of this rule, someone coming on holiday and marrying could then apply the following day for this route.......

Yes, such an application would be successful, provided all the other criteria are met.

 

I married my wife within a week of my arrival in Thailand and she applied for her settlement visa the next day; her visa was granted.

 

Of course we were able to demonstrate a genuine and subsisting relationship as I had met her on a previous visit and we had kept in constant touch while I was in the UK.

 

But we had not known each other for two years, let alone been married for two years, before she applied!

 

As theoldgit says, and is stated in the immigration rules and UKVI/IDI guidance, the two years is for unmarried partners; who need to show that they have been living together in a relationship akin to marriage for at least two years prior to the application.

 

I suggest that you check the rules and guidance before attempting to 'prove' experts like theoldgit wrong; you'll look a lot less foolish that way.

 

[bobrussell]

The confusing phrasing is 'person settled in the UK'. Would be clearer if it read, person entitled to settle in the UK.

A returning British passport holder is considered settled in the UK even if he or she travels back on the same flight!

 

Of course there is no requirement for a married couple to have known each other for two years or more. Arranged marriages can mean a couple have known each other for extremely short times.

 

The marriage must be legally accepted in the country where it took place, it must not be a marriage of convenience (to by pass immigration rules) and the parties must have met in person!

[letiz7]

Cheers, gents.

 

Hope this helps others.

 

 

[letiz7]

Hello all,

 

Thought I'd continue here instead of starting a new thread. 

 

I've been slowly gathering all the documentation needed, but we've hit a small stumbling block in that my wife's boss fudged the letter declaring that she's employed, and has been for a while, etc.

 

For some unknown reason, the boss decided to state at the bottom of the letter,

 

"Mrs. letiz7 plans on spending her vacation in England, and will be back thereafter to resume her duty."

 

Except, of course, she won't because it's a settlement visa.

 

Having effed it up, she's now claiming she can't change it. This could drag on for weeks...

 

Will a mention from me regarding the error, in my introduction letter, take care of the problem? 

[Upnotover]

24 minutes ago, letiz7 said:

Hello all,

 

Thought I'd continue here instead of starting a new thread. 

 

I've been slowly gathering all the documentation needed, but we've hit a small stumbling block in that my wife's boss fudged the letter declaring that she's employed, and has been for a while, etc.

 

For some unknown reason, the boss decided to state at the bottom of the letter,

 

"Mrs. letiz7 plans on spending her vacation in England, and will be back thereafter to resume her duty."

 

Except, of course, she won't because it's a settlement visa.

 

Having effed it up, she's now claiming she can't change it. This could drag on for weeks...

 

Will a mention from me regarding the error, in my introduction letter, take care of the problem? 

 

As its for a settlement visa what is the point of the employment letter at all?

[letiz7]

Not needed? Forgive my ignorance...

[rasg]

For a settlement visa you don't need a reason to return which applies to a visit visa. It makes life a little easier but a lot more expensive.

[theoldgit]

As others have confirmed, a letter confirming employment would normally be used as part of the evidence that an applicant will be returning from a visit.
So don't even submit it, it would only muddy the waters.

[letiz7]

Quick update: we got it!!

 

Thanks to those that helped. The forum itself was very helpful, especially in terms of checklists and how to write the letter of introduction, for example. 

 

Now then, to the classifieds....got rather a lot of stuff to sell....

[globalThailand]

Congrats!  I'm going through the process now... always good to hear successful outcomes!