From UK Tourist Visa to Settlement?

[globalThailand]

***EDIT*** Apologies - I found an answer to my question 5 minutes after posting!  The answer is, one can not switch from visit visa to FLR...

 

I'm hoping to relocate back to the UK with my wife of 7 years and 2 yo son (who holds a British Passport).  I have a confirmed job offer that more than matches the 18600 financial requirement and have been earning the minimum requirement here in Thailand for 12 months.  The problem I have is that I start at the new company in early Jan but the next available IELTS UKVI language test is on the 15th Dec... With a 7 day wait on the language certificate the best case scenario is we drop the application in around the 22nd Dec - cutting it way too fine to get approval before the flight.

 

As far as I can see I have 2 options

1) We apply now for settlement visa, I leave for work and my  wife / son joins at a later date

2) We apply for a tourist visa now, head to the UK and apply for leave to remain (after taking the language test at a center in the UK)

 

I don't like option 1) as that could mean a month or more away from my family and, as I understand it, I could be asked in for an interview (having already headed for blighty)

Option 2) seems good to me.  My wife has been half a dozen times and I'm sure we could get a 6 month tourist visa in a very short amount of time.  However, I'm worried about the legality of doing it this way.  Can she transfer to FLR Settlement from a 6 month tourist visa?  On the immigration website it does say you can "switch to a ‘family of a settled person’ visa" and it doesn't say specifically that you can't do that from a tourist visa.  In fact if it's done by post it looks to be cheaper doing it this way.  Am I over thinking this?

 

Your cumulative experience and advice would be much appreciated!

 

 

Edited November 30, 2016 by globalThailand

[TCA]

4 minutes ago, globalThailand said:

Can she transfer to FLR Settlement from a 6 month tourist visa?

 

I'm afraid not. An initial settlement visa has to be applied for in the applicant's own country. I don't know what current processing times are but even if your wife applied right now, there's always a chance she might not get her visa by early January. If there are definitely no earlier language tests and you definitely need the certificate to apply (as opposed to just a test reference number for the form), then best you can probably do is just do everything as quick as you can.

 

As for you being called for an interview, I would think that's highly unlikely save for exceptional circumstances.               

[globalThailand]

Thanks TCA, much appreciated. 

 

I'll be honest, the language requirement threw me a curve ball - I thought that came when applying for ILR or citizenship... very surprised! 

 

I guess my followup question then would be about the type of visa needed.  The wording on the immigration website plants the seed of doubt when the heading in bold is "Apply to join family living permanently in the UK"... at the time of application I'll still be in Thailand.  Am I technically living permanently and 'settled' in the UK having stepped off a plane after living in Thailand for 12 years?  Again, perhaps I'm just over thinking this but the prospect of being split from my family for any length of time has come as a surprise - certainly taken the edge off the high of getting a decent job back in the UK!

[theoldgit]

Your wife will need to apply for a Settlement Visa, and yes, that's the one to apply for even though your currently living in Thailand.

Have noted that your wife also has to undergo a TB examination, l'm assuming you have accommodation lined up, your wife will need to include the evidence with her application.

[rasg]

They don't call you in for an interview. They call you by telephone if there is anything that needs clarifying so you don't need to worry about that.

 

You need a Settlement visa and need to complete the from VAF4A and Appendix 2. VAF4A is online. You need to download Appendix 2, print it and complete it the old fashioned way. 90% of it is is the same as VAF4A.

 

Your wife needs an English language test and a TB test.

 

I haven't heard of a Settlement visa taking much more than 3 weeks this year but over Christmas you have to take the holidays into account.

 

Apply to join family living permanently in the UK".

 

That question is really confusing and it doesn't matter if you are here or in Thailand.

 

Presumably you married in Thailand? Her visa will last for 33 months and she can work from the moment she arrives. Then FLR and ILR that you can apply for from within the UK.

[globalThailand]

Many thanks for the info - much appreciated

 

14 hours ago, theoldgit said:

l'm assuming you have accommodation lined up, your wife will need to include the evidence with her application.

Re: accommodation - The job I'm taking is in Glasgow, the family home (aka. "Mum's house") is in London.  I don't have a fixed address in Glasgow yet and was thinking of using the address in London for application purposes (with 'invitation' letter from my mum as supporting evidence).  Would that be a decent approach?

 

14 hours ago, rasg said:

They don't call you in for an interview. They call you by telephone if there is anything that needs clarifying so you don't need to worry about that.

 

You need a Settlement visa and need to complete the from VAF4A and Appendix 2. VAF4A is online. You need to download Appendix 2, print it and complete it the old fashioned way. 90% of it is is the same as VAF4A.

 

Your wife needs an English language test and a TB test.

 

I haven't heard of a Settlement visa taking much more than 3 weeks this year but over Christmas you have to take the holidays into account.

 

Apply to join family living permanently in the UK".

 

That question is really confusing and it doesn't matter if you are here or in Thailand.

 

Presumably you married in Thailand? Her visa will last for 33 months and she can work from the moment she arrives. Then FLR and ILR that you can apply for from within the UK.

Thanks for that rasg.  I hadn't quite got that far with the specific form I need yet, (currently collecting evidence and info on the requirements needed) so that helps a lot!

 

We did marry here - all of our documents are translated with MFA seal of approval (oh, the many hoops we had to jump to get my son a British passport!)

 

 

[theoldgit]

4 minutes ago, globalThailand said:

Re: accommodation - The job I'm taking is in Glasgow, the family home (aka. "Mum's house") is in London.  I don't have a fixed address in Glasgow yet and was thinking of using the address in London for application purposes (with 'invitation' letter from my mum as supporting evidence).  Would that be a decent approach?

It might do, though the ECO might be a tad concerned that you're going to be working in Glasgow and the accommodation is in London. I suppose you could say that your wife is living with your Mum whilst you're sourcing suitable accommodation near your place of work. To be honest as reasonable as that is I really don't know what their take would be on it.
Your Mum should write a note describing the accommodation available and advising that you and your wife can stay there as long as you need, she should provide a copy of the Land Registration, you can get online.

[globalThailand]

Just now, theoldgit said:

 I suppose you could say that your wife is living with your Mum whilst you're sourcing suitable accommodation near your place of work. To be honest as reasonable as that is I really don't know what their take would be on it.

That was the plan... but yes, reason sometimes takes the backseat to a 'technicality' on these things and that's what worries me.  Ultimately honesty is probably the best policy on the application though - the only other option would be to commit to a 12 month rent on a place I haven't seen... which would be nuts IMO.