Going back to the UK

[Franky Bear]

We have been in Hong Kong for 6 months. Wife and kid can't settle. I hate the job but I have been offered a job back in oil and gas. We want to go and live in the UK now and properly settle there.

I have no lived or paid tax in the UK for years, i think the last time was 2006 and that was just for a few months.

I will get paid into my UK back account and i will move back myself to the UK at first and do my 4 weeks on 4 off rotation out the UK.

I know it's not easy to get the wife back (we have been together 11 years maried two and a half and our wee girl is 8 and has her UK passport)

I know you have to pay tax for X amount of months ^or 12) before i can start the process to get the wife back. Can it be done with me on a rotational job outside the UK? 

 

EDIT= i will being pid from a company in Asia not the UK.

Edited January 26, 2017 by Franky Bear

[theoldgit]

The rules are quite complex, but this is a good start as it details how the financial requirements can be met.

 

Settlement supporting documents guide.pdf

Appendix_FM_1_7_Financial_Requirement_August_2015.pdf

[Franky Bear]

7 minutes ago, theoldgit said:

The rules are quite complex, but this is a good start as it details how the financial requirements can be met.

 

Settlement supporting documents guide.pdf

Appendix_FM_1_7_Financial_Requirement_August_2015.pdf

Cheers Old Yin. My issue will be tax i think. I wil be paid from outside the UK into a bank of Scotland account. SO i guess i need to go and see an accountant? 

[globalThailand]

There are a lot of regulations to be sure and I had a few surprises along the way but a great first step is to read 7by7 sticky on the steps towards settlement http://www.thaivisa.com/forum/topic/524561-uk-settlement-visa-basics/

 

 

As far as I know there are no rules about having to pay tax (I haven't paid into the UK for the last 12 years) but there is the financial minimum requirement of 18600pa and a confirmed job offer if you are coming back to the UK.  

 

One thing to look into now is the language requirement and TB certificate (if applicable to your wife).  The language thing caught us out.  There are limited locations and times where this can be done outside of the UK... when I found out about the rule we had just missed a test date and had to wait 2 weeks for the next one - it meant we couldn't get the visa in time for me to start my job in the UK. 

[Franky Bear]

2 hours ago, globalThailand said:

There are a lot of regulations to be sure and I had a few surprises along the way but a great first step is to read 7by7 sticky on the steps towards settlement http://www.thaivisa.com/forum/topic/524561-uk-settlement-visa-basics/

 

 

As far as I know there are no rules about having to pay tax (I haven't paid into the UK for the last 12 years) but there is the financial minimum requirement of 18600pa and a confirmed job offer if you are coming back to the UK.  

 

One thing to look into now is the language requirement and TB certificate (if applicable to your wife).  The language thing caught us out.  There are limited locations and times where this can be done outside of the UK... when I found out about the rule we had just missed a test date and had to wait 2 weeks for the next one - it meant we couldn't get the visa in time for me to start my job in the UK. 

Thanks a million mate. 

[ThaiVisaExpress]

You might have some difficulty, if you are not being paid in the UK.  The immigration rules require the applicant to show that she is either joining you, or accompanying you, to settle in the UK. If you continue to work for a company outside of the UK, and are being paid outside of the UK, how will you convince the ECO that you are settled in the UK ?  If I was the ECO, I think I could probably make a case to demonstrate that your intention is to relocate your wife and child to the UK, with all of its benefits, while you continue to work overseas (with all of its benefits).  That said, if you would like us to have a look at your situation, then please contact our office. No charge for a consultation.

 

[pagan1]

Returned to the UK last year after 4 years out of the UK. Settlement visa was issued really quickly (10 days including Christmas & New Year). You need to cover the three basic requirements :

Relationship - sounds like that is easy for you

Accomodation - Do you have a place in the UK or a house available to you ? If not the issue might be gaining a rental agreement having ben out of the UK for so long. Your new employer may be able to assist.

Finance - Three ways to go. Work the job in the UK for 6 months and start to set up a home or show you have 62k in a bank (under your control for 6 months either in bank or transferred from other assets) or have a job offer starting within 3 months.

If possible the easiest is to bank the money and show available funds. The visa RO has no wiggle room and can raise few objections. With the job offer route I guess it will be easier if the offer is from a large group with UK base (ie Transocean, Ensco etc) but a little more difficult if a small non UK based company. The third route is to work in the UK for 6 months and then apply for the visa.

I think you may find it easier than you think to get the settlement visa for your wife. If you have the funds available then apply now. If not apply with the job offer you have and dependant upon the credibility of your employer it should be an easy process. Following the third route you are going to be delaying the move for at least 6 months.

As highlighted there are the odds and sods (English test, TB & NHS payment) but you appear to be in a position to submit an application now. You are in a better position than I was (returning with no job) and I was not prepared to spend months away from my wife. If me I would make the application immediately either based on money in the bank (if available) or based on the employment offer. If all goes well the three of you will be set up in the UK in a couple of months. At worst you loose the application fee and still end up wasting at least 6 months generating evidence (or have your wife come over on a visit visa while you are here)

I hope some of the above is useful. The settlement visa process is not as hard as people think (I have completed 3 for my wife) and rarely requires a visa agent to assist.

Good luck with it all 

 

[7by7]

1 hour ago, pagan1 said:

The settlement visa process is not as hard as people think..........and rarely requires a visa agent to assist.

I agree, but in the OP's case things are not simple.

 

As TVE says

3 hours ago, ThaiVisaExpress said:

If you continue to work for a company outside of the UK, and are being paid outside of the UK, how will you convince the ECO that you are settled in the UK ?  If I was the ECO, I think I could probably make a case to demonstrate that your intention is to relocate your wife and child to the UK, with all of its benefits, while you continue to work overseas (with all of its benefits).

 

[pagan1]

My argument would be that OP and daughter are UK citizens with an automatic right to settle in the UK.

Given that intention, the OP wishes to apply for a settlement visa for his wife. There can be no objection to this.

The financial requirements are in place to ensure that there is no recourse to public funds and ensure that the OP is able to support his family. I believe that the only concern a RO could raise is the credibility of the employment offer.

 

Over the years I have seen a number of messages from 7by7 and he has been a great assistance to many people on this site (in fact I think he was around when I did the fiancé visa for my wife back in 2010). However I still believe this would be a straight forward application.

[7by7]

20 hours ago, pagan1 said:

My argument would be that OP and daughter are UK citizens with an automatic right to settle in the UK.

Given that intention, the OP wishes to apply for a settlement visa for his wife. There can be no objection to this.

If only it were that simple!

 

The OP's wife cannot obtain settlement simply because her husband and child are British citizens and so have the right to live in the UK. She can only obtain settlement so she can move to the UK to live with one or both of them. They must already live in the UK or be moving to the UK at the same time as her. This is known in the immigration rules as being present and settled in the UK. 

 

She cannot obtain settlement to join her child in the UK because she is still married to the child's father, so she has to apply as his spouse.

 

So, unless they divorce, the only way she can obtain settlement is to apply as the spouse of a person present and settled in the UK: her husband.

 

But if he is not resident in the UK, or returning at the same time as her in order to resume residence, such an application would fall at the first hurdle.

 

So, as TVE said, the OP has to show the ECO that he is, or will be, a UK resident. Which given his situation may be tricky.

 

Which  is why I feel professional advice on how to do this should be sought.

 

 

Edited January 30, 2017 by 7by7

[nontabury]

On January 29, 2017 at 6:18 PM, pagan1 said:

 

Relationship - sounds like that is easy for you

Accomodation - Do you have a place in the UK or a house available to you ? If not the issue might be gaining a rental agreement having ben out of the UK for so long. Your new employer may be able to assist.

 

 

 How would it work if the applicants is covered on the financial side,health,English test etc. yet there is no accommodation organised before returning. For instance if the Thai applicant arrives in the UK with her British husband and British children,with the intention of staying in a hotel for a couple of weeks until they can organise a private rent or a house purchase. If this would not be possible,would that mean the Husband and children having to return first,then organise accommodation, in order that the Thai wife could follow on,weeks or maybe months latter.

[7by7]

18 minutes ago, nontabury said:

 How would it work if the applicants is covered on the financial side,health,English test etc. yet there is no accommodation organised before returning. For instance if the Thai applicant arrives in the UK with her British husband and British children,with the intention of staying in a hotel for a couple of weeks until they can organise a private rent or a house purchase. If this would not be possible,would that mean the Husband and children having to return first,then organise accommodation, in order that the Thai wife could follow on,weeks or maybe months latter.

 If the applicant can show the ECO that this is the arrangement, e.g. provide provisional hotel bookings, and is affordable, then it should not be a problem.

 

From my experience, though, most people in this situation do what we did and initially stay with the sponsor's family.

[nontabury]

19 minutes ago, 7by7 said:

 If the applicant can show the ECO that this is the arrangement, e.g. provide provisional hotel bookings, and is affordable, then it should not be a problem.

 

From my experience, though, most people in this situation do what we did and initially stay with the sponsor's family.

 I don't see how it's possible to make provisional hotel bookings, certainly not with the exact dates. Do you mean that maybe the ECO would accept a written guarantee that your intention would be to stay in a hotel,at our own expense until we had completed the necessary arrangements.

  I ask this question because we are thinking of moving to the UK next year. If we do,it'll be to an area far away from my UK family. As our main requirement and the reason for our return, would be to enroll our children in a decent school.

[7by7]

28 minutes ago, nontabury said:

Do you mean that maybe the ECO would accept a written guarantee that your intention would be to stay in a hotel,at our own expense until we had completed the necessary arrangements.

Obviously you should explain the situation and your intentions in your sponsor's letter. But, imho, some form of evidence will strengthen the application.

 

When your wife applies, surely you will have an approximate date for the move. So it should be possible to obtain a letter or similar from your chosen hotel confirming that you will be staying there from that date. You can always make a booking and then change, or even cancel, it if necessary.

 

Surely you don't intend simply turning up and hoping to find suitable hotel accommodation once you've arrived?

[nontabury]

1 hour ago, 7by7 said:

Obviously you should explain the situation and your intentions in your sponsor's letter. But, imho, some form of evidence will strengthen the application.

 

When your wife applies, surely you will have an approximate date for the move. So it should be possible to obtain a letter or similar from your chosen hotel confirming that you will be staying there from that date. You can always make a booking and then change, or even cancel, it if necessary.

 

Surely you don't intend simply turning up and hoping to find suitable hotel accommodation once you've arrived?

No,the idea would be to book the accomadation after receiving the visa. But yes your right, we would know the approximate date,so we could make a provisional booking and  then cancel if the. Visa is refused for any reason. As I said , my only concern is, will the ECO accept my sponsor's letter.