visa urgently required for pregnant wife

frustratedbrit · Post by **frustratedbrit** » Fri Dec 28, 2012 9:34 pm

I'd be really grateful if anyone could help me with any of my questions 1-5 above...

Franko · Post by **Franko** » Fri Dec 28, 2012 10:59 pm

frustratedbrit wrote:Hi Franko,

Yes, good question, but don't I need a job in a non-UK EEA country first? I am currently looking for such a job. In the interim, I can't handle being apart from my family any longer, and yet would like my parents to see them and would like not to turn down a lucrative 6 month UK work contract if offered one. If push came to shove and I was offered work in both the UK and Europe, I would take the Europe option, to bring a long term solution to this chaos.

No you don't need a job, your wife simply needs to apply for an EU Spouse entry permit at the relevant embassy in Vietnam, you dont need to prove anything more than the fact your married, and state you intend to live and work in that country. If you then want to use this route to come back to the UK then you will have to prove you did work in said country usualy for at least 6 months but to gain entry and live there initially its not required.

See the EU sub forum of this board for more on this option.

frustratedbrit · Post by **frustratedbrit** » Sat Dec 29, 2012 10:55 pm

That's great news Franko, thank you very much. This will help a lot.

Still looking for answers to my questions 1-5 about family visitor visas, though, if anyone knows....

Franko · Post by **Franko** » Sun Dec 30, 2012 9:44 am

Ok let me try

1. You currently have no income do you have enough saving to support your wife's visit? if so then you can sponsor her again with a letter of invitation from your parents to stay at there home if this is where you intend to stay. Otherwise your parents could sponsor her if they have the finances.

2. Obviously they cannot say she wants free birth on NHS now she is no longer pregnant. Not sure the British daughter will help much as the main reason for refusal will be reason to return and having a British daughter may cast doubt on likeness to return.

3. No you don't need to address these issues its a new application however you could mention them in your sponsor letter and why they no longer apply.

4. Supporting letter wont make any difference, a university professor friend of yours cannot guarantee you wife will return home after her visit.

5. No English language requirement for visit visa. Dont need to submit this or even mention it.

BTW where abouts are you in Vietnam? my wife is currently in My Tho, were just waiting on our settlement application, just over 10 weeks in now.

Post by **Lucapooka** » Sun Dec 30, 2012 9:57 am

The fact that you have not previously applied for a settlement visa (and been refused) will help. The fact that she has visited the UK previously and returned will also help. The biggest issue here, in my opinion, is an overall risk assessment of her reasons and motivation to return to Vietnam. She has a British husband and British child (all with an automatic right of abode in the UK), so what do you all do in VT than demands you all return there after the visit? Basically her strongest ties are you and the kids and if her family don't have strong ties that might be considered a risk. Do you have strong social and economic ties to Vietnam?

Ted · Post by **Ted** » Mon Dec 31, 2012 5:08 am

Lucapooka wrote:The fact that you have not previously applied for a settlement visa (and been refused) will help. The fact that she has visited the UK previously and returned will also help. The biggest issue here, in my opinion, is an overall risk assessment of her reasons and motivation to return to Vietnam. She has a British husband and British child (all with an automatic right of abode in the UK), so what do you all do in VT than demands you all return there after the visit? Basically her strongest ties are you and the kids and if her family don't have strong ties that might be considered a risk. Do you have strong social and economic ties to Vietnam?

Even if he does decide to go down the spouse settlement visa route, he still has some difficult obstacles to overcome.
I can see a long drawn out process here, he may be advised to get some legal help or he could still be in the same position 12 month from now.

frustratedbrit · Post by **frustratedbrit** » Mon Dec 31, 2012 5:36 am

Thanks, these answers really help me. I have plenty of savings (30k+), so this would be enough for me to sponsor. In terms of financial ties to Vietnam, she has a flat, but it's officially in her father's name. It hasn't been possible to transfer the ownership this year because it is recently built (it's a detail about how bureaucracy works in Vietnam). Would it help if her father wrote a letter to say that he will transfer the official ownership of the flat to her when he can. Other than that, she obviously has her parents and sibling in Vietnam, but I don't suppose this counts as "ties to Vietnam"?

That's interesting that having a British daughter, who the British grandparents haven't seen yet, doesn't enhance her chances. I think this illustrates that there is something very wrong about these rules.

Franko: We're in Hanoi. Are you in the UK? Must be painful living apart. I hate this income requirement for the settlement visa. It's a Catch 22 that forces families apart.

Ted · Post by **Ted** » Mon Dec 31, 2012 8:27 am

frustratedbrit wrote: I have plenty of savings (30k+), so this would be enough for me to sponsor.

Have you decided on what visa your wife will travel on?

frustratedbrit · Post by **frustratedbrit** » Mon Dec 31, 2012 1:19 pm

Ted, I was responding to points made about applying for a visitor visa. I think I'll go for a visitor visa for my wife, as a quick way of visiting the UK to enable my parents to see my daughter for the first time, and give me option of taking up a 6-month contract that I may get offered.

As a matter interest, what do you think would be the "difficult obstacles" I would have to overcome for a settlement visa? Do you mean my particular case would have difficult obstacles, or are you just referring to the difficulties in the settlement visa application process in general (which I am pretty well read up on already)?

Ted · Post by **Ted** » Tue Jan 01, 2013 4:29 am

frustratedbrit wrote: I think I'll go for a visitor visa for my wife, as a quick way of visiting the UK to enable my parents to see my daughter for the first time, and give me option of taking up a 6-month contract that I may get offered.

Well from reading your posts, this journey begun 3yrs 8 months ago, at that time you were entitled to apply for a prospective spouse visa, a process of say 3 months, though you had your reasons not too.
1 year 8 months ago you got married, which would increase your chances of a successful spouse application, a process of say 3 months, though you had your reasons not too.

Your wife has visited the Uk using the family visa, though the visit was used as a temporary settlement once you enrolled your step child into a state school. Utilizing the NHS apart from A&E is also a no no!

You say you are financially able to support a spouse application, a process that could be done in 3 months ( 12 weeks ), though instead of making a commitment and following due process you continue to try to circumnavigate the system, even though a simple application would bye pass all the other nonsense and you would have you wife and family in the UK and the certainty that would follow.

Sorry to be so blunt but it looks to me like you lack commitment, bringing your wife yet again on family visit visa when you are able to sponsor her shows exactly that.

you have an entitlement use it, then you can stop tearing your hair out

Just a final solution to your dilemma, if your intentions are that you would like your parents to see their grandchild, why not fly your parent to Vietnam, this would save you a lot of UKBA hassle, Im sure they would love Vietnam.

frustratedbrit · Post by **frustratedbrit** » Tue Jan 01, 2013 12:49 pm

Ted, My mum is terrified of flying, and won't get in an aeroplane. And, believe me, proving that you meet the settlement visa income requirement is a total nightmare if you don't meet the savings requirement (72,000 in my case) but have your own company. Please don't try to tell me I lack commitment.

frustratedbrit · Post by **frustratedbrit** » Tue Jan 01, 2013 7:59 pm

I'm just a little worried after filling in the online visa application form for visitor visas for my wife/stepson. I will be paying for everything (flight, living costs, etc, etc), and this is what I filled out on the form. We will be visiting my parents, and this is what we filled out.

However, in Part 7, Question 123, the online form appears to be assuming that the person you will be visiting in the UK will be the "sponsor":
"123. In the last two years, has the realtive that you are staying with sponsored anyone else's visit to the UK?"

Am I the sponsor or are my parents? Is this just a poorly worded question on the online application form?

Post by **Lucapooka** » Tue Jan 01, 2013 8:18 pm

Arguably, the family member they are visiting in the UK should be resident in the UK rather than travelling with them as a visitor himself. Otherwise a general visit visa might be more appropriate. That's a moot point worthy of debate as the rules don't seem to ask for this, so just ignore it or answer no.

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visa urgently required for pregnant wife