What type of visa should I apply for? Please help

monn.p · Post by **monn.p** » Sat Jun 16, 2012 9:53 am

I hope someone can help me this is my situation..

I am a Thai citizen currently studying Masters degree in England. I would like apply for a settlement visa but not sure which one would be best for me. Here's the case...I have been with my husband who is a British citizen for 3 years we got married in Bangkok in June 2011 and we also have a child together who is 1 1/2 years old. We came to England in January 2012 when my husband started a new job in May earning 17,000 Pounds per year. I now have about 4000 pounds in my saving account back in Thailand but i can always transfer that money into my bank here. I'm also being sponsored by parents back home but I guess that wouldn't count cus they are not in the UK? What visa would be best to apply for between a marriage visa (SET)M or a parent of someone who is settled here(SET)F as my son is a British national with British passport. Or should I quickly apply for a marriage visa before the 9th of July before the new rules take effect? Can my parents back in Thailand be a co sponspor with husband if i apply for (SET)F
I hope someone can give me some advice on this. I have been reading all about the new rules and I'm all confused. Thank u in advance!

Post by **Greenie** » Sat Jun 16, 2012 9:56 am

What visa do you have currently?

monn.p · Post by **monn.p** » Sat Jun 16, 2012 10:03 am

I currently have a Tier4 Student visa

Post by **Greenie** » Sat Jun 16, 2012 10:20 am

Why didn't you apply for a spouse visa rather than a tier 4 visa.

You don't qualify for settlement so neither form is appropriate at the moment and set(f or) is not for spouses.

You should apply on FLR(m) for limited leave as the spouse of a British citizen before the change in the rules on 9 th July. See adequate maintenance to see if you meet the current adequate maintenance requirements and guidance

monn.p · Post by **monn.p** » Sat Jun 16, 2012 10:44 am

Thank u for your reply. What's the different between FLR (M) and SET(M)? I didn't want to risk applying for a spouse visa before coming here because my husband was in Thailand at the time and wasn't earning enough so I asked my parents to be my sponsor but now that we are in the UK and he's been working since Feb(but was on agency so the wages was quite low) he's just been offered a new job position in may. Also, he's claiming for child benefit for our kid and working tax thing as well. Would that help? should i apply using the one day premium service before the 9th of July?

Post by **Greenie** » Sat Jun 16, 2012 11:07 am

FLR(m) is for two years limited leave after which you can apply for settlement. Set(m) is for settlement (ilr) which you don't yet qualify for.

Yes any income from tax credits and child benefit can be included. You will also need to pass and English language test which i presume you did for your tier 4 visa but you need to Make sure the test is still on the ukbas list and is still in date.

I doubt you will get an in persons appointment by 8th July. If you can't you will need to apply by post by that date.

monn.p · Post by **monn.p** » Sat Jun 16, 2012 1:03 pm

Okay another quick question, when my husband claimed for his working tax and child benefit he put himself as single as he thought I won't be able to claim for it anyway because I'm a foreigner and not entitled to the public funds. Would that be a problem when I apply for a spouse visa? Thank u again for your advise.

Post by **Greenie** » Sat Jun 16, 2012 1:06 pm

monn.p wrote:Okay another quick question, when my husband claimed for his working tax and child benefit he put himself as single as he thought I won't be able to claim for it anyway because I'm a foreigner and not entitled to the public funds. Would that be a problem when I apply for a spouse visa? Thank u again for your advise.

tax credits must be claimed jointly if you are a couple, it would not effect your application if the claim was made jointly as this is permitted, but it could cause a problem with DWP. he needs to rectify this urgently.

monn.p · Post by **monn.p** » Sat Jun 16, 2012 3:52 pm

I can't go back home just yet I still have to finish my course. I still don't know whether or not I should apply for it now or wait until my current visa expires which will be in May 2013 but if i wait until then it will be the new rule and it seems so hard for me to get the visa but then if i apply for it now i dont know if my visa would be approved cus my husband put himself as single when he claimed for his working tax thing cus he thought it was ok as i'm a foreigner. I don't know if that would be a problem if i apply for a spouse visa. Is there any other types of visa that would allow me to stay in the UK with my husband and my child?? Would it be better for me to wait until I graduate or take the risk? I'm all confused.

Post by **Greenie** » Sat Jun 16, 2012 6:40 pm

monn.p wrote:I can't go back home just yet I still have to finish my course. I still don't know whether or not I should apply for it now or wait until my current visa expires which will be in May 2013 but if i wait until then it will be the new rule and it seems so hard for me to get the visa but then if i apply for it now i dont know if my visa would be approved cus my husband put himself as single when he claimed for his working tax thing cus he thought it was ok as i'm a foreigner. I don't know if that would be a problem if i apply for a spouse visa. Is there any other types of visa that would allow me to stay in the UK with my husband and my child?? Would it be better for me to wait until I graduate or take the risk? I'm all confused.

Personally i think its a no brainer. The new rules are far less favourable and if you have the opportunity to apply under the current rules you should take it. There is no other visa you can apply for on the basis of your relationship with your husband and child. All your husband needs to do is contact dwp and ask to change it to a joint claim.

monn.p · Post by **monn.p** » Tue Jun 19, 2012 1:14 am

Thank u again for your advise. I will try to send it off before the 9th. Is there anyone on here whose husband/wife is on low income and receive money of the working tax and still got the visa? I'm a bit worried about that and if i understood correctly, the biometric permit is when i have to do the finger scan thing right? i had that done when i applied for a student visa in Thailand, do i have to do it here again? I looked on the form and there is this part where it says British diplomatic post if they were taken abroad...I don't understand what it means

Do you have any idea what it is? sorry for asking too many questions :S and thank u in advance

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What type of visa should I apply for? Please help

What type of visa should I apply for? Please help