General UK immigration & work permits; don't post job search or family related topics!
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Shortyangel
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by Shortyangel » Thu Mar 12, 2009 10:31 pm
My brother is a UK resident (left disabled after a brain tumour) unable to work and claiming benefits. He wants his future wife from Thailand to live with him in England. He has been advised that his current situation means that his income is not enough to support her (she has been in England for five months & due to go back in one months time at the end of her six months visitor visa) and this means that the application for a visa is likely to be refused! Our mother recently passed away and he is due to receive £30,000 when the sale of her house is complete. Will this improve the chance of a successful application? He is 50 and it will be his first marriage and his first chance of happiness. I feel it is grossly unfair as it is through no fault of his own that he cannot work. Is there any help anyone can give him please?
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UKBAbble
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by UKBAbble » Thu Mar 12, 2009 11:18 pm
The Thai lady has a very limited chance of securing a spouse visa.
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Mr Rusty
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by Mr Rusty » Fri Mar 13, 2009 8:36 am
It's not quite clear whether a future application is intended for a visit visa or for a fiancee/spouse visa.
I assume it's the latter, as his circumstances did not count against a successful visit visa application. The rules do not require a certain level of income, they say that the parties must maintain themselves without recourse to public funds. Whatever benefits he is entitled to would not count against her in an application.
I would have thought that if he can show a bank balance of £30000 and make it clear that these are funds totally at his disposal, i.e. he hasn't borrowed or otherwise acquired the money simply for the purposes of making the application, it's easily arguable that they can maintain themselves for quite a few years. Once she has leave to remain as a spouse and has the right to work, she may be able to contribute to the family income in any case.
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joe777
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by joe777 » Fri Mar 13, 2009 10:59 am
some people on here have got a spouse visa while on benefits and with little or no savings, thou some have also been refused, so its not impossible, and with £30k in the bank makes it more possible
marrying her in Thailand means she will be able to seek employment once shes in the uk, marry her in the uk with a fiancee visa and once your wed and have FLR she can seek work..
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Casa
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by Casa » Fri Mar 13, 2009 11:04 am
She will have to return to Thailand though when her visitor visa expires and apply for a fiancee visa from there.
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Sushil-ACCA
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by Sushil-ACCA » Fri Mar 13, 2009 12:07 pm
Only burden for british society, there is no one here to support or marry or for life partnership
HOW in commercial world we save cost cant we do in personal life ?
people are compromising for work and fund to leave but still some want more burden
GOD BLESS UK
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Shortyangel
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by Shortyangel » Fri Mar 13, 2009 9:54 pm
UKBAbble wrote:The Thai lady has a very limited chance of securing a spouse visa.
Thank you very much for taking the trouble to reply. I have noted your comments and appreciate your view on this.
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Shortyangel
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by Shortyangel » Fri Mar 13, 2009 9:56 pm
Sushil-ACCA wrote:Only burden for british society, there is no one here to support or marry or for life partnership
HOW in commercial world we save cost cant we do in personal life ?
people are compromising for work and fund to leave but still some want more burden
GOD BLESS UK
Thank you very much for taking the trouble to reply. I appreciate your comments.
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Shortyangel
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by Shortyangel » Fri Mar 13, 2009 10:10 pm
Mr Rusty wrote:It's not quite clear whether a future application is intended for a visit visa or for a fiancee/spouse visa.
I assume it's the latter, as his circumstances did not count against a successful visit visa application. The rules do not require a certain level of income, they say that the parties must maintain themselves without recourse to public funds. Whatever benefits he is entitled to would not count against her in an application.
I would have thought that if he can show a bank balance of £30000 and make it clear that these are funds totally at his disposal, i.e. he hasn't borrowed or otherwise acquired the money simply for the purposes of making the application, it's easily arguable that they can maintain themselves for quite a few years. Once she has leave to remain as a spouse and has the right to work, she may be able to contribute to the family income in any case.
Thank you so much for taking the trouble to reply.
Yes it would be a fiancee visa and I do hope that this will be the case because the £30,000 would not be for the sole purpose of making the application as it is sadly due to my mothers sudden death and he could prove this. I really appreciate your comments, many thanks once again.
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Shortyangel
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by Shortyangel » Fri Mar 13, 2009 10:18 pm
UKBAbble wrote:The Thai lady has a very limited chance of securing a spouse visa.
Thank you very much for taking the trouble to reply. I appreciate your comments.
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Shortyangel
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by Shortyangel » Fri Mar 13, 2009 10:43 pm
joe777 wrote:some people on here have got a spouse visa while on benefits and with little or no savings, thou some have also been refused, so its not impossible, and with £30k in the bank makes it more possible
marrying her in Thailand means she will be able to seek employment once shes in the uk, marry her in the uk with a fiancee visa and once your wed and have FLR she can seek work..
Thank you very much for taking the trouble to reply. It has given me a glimmer of hope for my brother. It has been very difficult for him and I appreciate your comments. It is kind of you.
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Shortyangel
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by Shortyangel » Fri Mar 13, 2009 11:05 pm
Casa wrote:She will have to return to Thailand though when her visitor visa expires and apply for a fiancee visa from there.
Thank you very much for taking the trouble to reply. I appreciate your comments a great deal.
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Shortyangel
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by Shortyangel » Sat Mar 14, 2009 3:38 pm
Shortyangel wrote:Mr Rusty wrote:It's not quite clear whether a future application is intended for a visit visa or for a fiancee/spouse visa.
I assume it's the latter, as his circumstances did not count against a successful visit visa application. The rules do not require a certain level of income, they say that the parties must maintain themselves without recourse to public funds. Whatever benefits he is entitled to would not count against her in an application.
I would have thought that if he can show a bank balance of £30000 and make it clear that these are funds totally at his disposal, i.e. he hasn't borrowed or otherwise acquired the money simply for the purposes of making the application, it's easily arguable that they can maintain themselves for quite a few years. Once she has leave to remain as a spouse and has the right to work, she may be able to contribute to the family income in any case.
Thank you so much for taking the trouble to reply.
Yes it would be a fiancee visa and I do hope that this will be the case because the £30,000 would not be for the sole purpose of making the application as it is sadly due to my mothers sudden death and he could prove this. I really appreciate your comments, many thanks once again.
Do you think the money from my mother will mean his benefits will be reduced?