Important changes to settlement/family migration from 9th July 2012

In July last year I made a post relating to a consultation of proposed changes for settlement visas.  Last week the confirmed changes were announced and will come into effect from 9th July 2012.  The basics of the changes are as follows, from the UKBA website:-

• introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
• publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues;
• extending the minimum probationary period for settlement for non-EEA spouses andpartners from two years to five years, to test the genuineness of the relationship;
• abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;
• from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt;
• allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor; and
• restricting family visit visa appeals, initially by narrowing the current definitions of family and sponsor for appeal purposes, and then, subject to the passage of the Crime and Courts Bill, which was published on 11 May 2012, removing the full right of appeal against refusal of a family visit visa.

So how will this effect my wife and I? 

The only real change to affect us will be the new higher level of English requirement, which comes into effect from October '13.  As Janny's current visa expires after that date, she will have to apply for ILR (Indefinite Leave to Remain) under the new English requirement.   In addition to the B1 test she will also have to pass the LITUK test.  Before the announcement we had been leaning towards applying for an FLR extention when Janny's current visa expires.  This would have given her more time to study for the LITUK test but unfortunately that will no longer be an option for us.  We are a little unfortunate.  Had Janny arrived in the UK only a month or two earlier she would be able to apply for ILR under the current rules by passing the LITUK test OR completing an ESOL course.  The either or option will now be made obsolete. 

It just goes to show that you really can not afford to relax and should constantly keep an eye on the changing immigration rules and how they may affect you, even when already here.  I guess the plus side (if we have to find any) is that Janny will still be able to apply for ILR when her visa expires and not have to wait for 5 years like under the new rules.

I have to say I really feel for anyone applying under the new rules......more so for those who will unfortunately not meet the minimum salary requirement for sponsors.  In effect, those people have been banned from living with their spouse here in the UK

The UKBA announcement and link to the full statement of changes can be found on the following link:-

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/june/13-family-migration

Steve
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Loss

I wasn't sure how to start this post.  I'm still not even sure if I should be writing it at all.  That said, when I first started this blog, the idea was that I'd share everything along our journey.  Not just the logistics and hoops of my wife's visa requirements, but also the highs and lows which we both face along the way. 

The past month has seen a mix of both.  Things started off well.  My wife landed her first job here and things are going well.  The staff are friendly and Janny is happy to be earning her own money, however small.  Around the same time, we found out that Janny was pregnant with our first baby.  We had only been trying for a month or so and were a little surprised at just how quickly it all happened, but we were ecstatic to have it confirmed.  Our first appointment with the midwife was booked for later this month and with each day I began to relish the thought of becoming a dad for the first time.

Unfortunatley, over the past week our luck has changed.  After a nightmare four day wait, on Tuesday it was confirmed that Janny had miscarried and we have lost the baby.  She was nine weeks pregnant. 

On Friday Janny noticed some spotting, which was a worry, but after contacting our doctor, we were told it was common in early pregnancy and not to panic.  The spotting continued throughout the night and by Saturday morning it was much more noticable.  I decided to take Janny to A&E to have her checked out.  At the hospital they took some blood and did another pregnancy test, which again came back positive.  After various questions and checks we were told that, as Janny was not having any significant pain, they still thought everything was fine.  They booked the earliest possible scan, which would be Tuesday morning and basically told us to go home and carry on as normal.  We did just that, with the hope that the bleeding would stop.

By Sunday nothing had changed, rather the bleeding was becoming more heavy and we noticed some clotting.  Each time my wife had a trip to the loo my heart sank.  To me it was becoming obvious that we were losing the baby.  Later that afternoon the clotting was much worse and again I took Janny to the hospital.  This time the doctor was not so confident that all was well.  In the nicest possible way we were told that it was almost certain that Janny was having a miscarriage.  We were told to keep our scan appointment, but other than that all we could do was go home and wait.   

Monday was a long hard day.  I stayed home from work to be with Janny as I didn't want her to be alone.  I tried my best to distract her from what we were both thinking, whilst at the same time preparing her for the outcome of the scan.  Our appointment was scheduled for 08.50 on Tuesday morning, which at least meant we wouldn't have to wait another full day.

Waiting for our name to be called before the appointment was a strange feeling.  I already knew from the days leading up to the scan that it wasn't going to be a happy ending.  I at least was resigned to the fact, even if Janny was still a little hopeful.  During the weeks before, I had pictured our first scan to be a happy event, a chance to have the first glimpse of our baby.  Now it was something to fear and be nervous about.  Although I didn't want to, I felt jealous of the other couples who were no doubt there to share a more happy experience.  I felt cheated of the chance to enjoy our experience and wondered why it had to be happening to us, why not someone else?

During the scan itself the monitor was turned away from us so that we could not see what was on the screen.  The doctor ran the ultrasound over and searched around Janny's tummy.  After a minute or two she turned to a colleague and I heard her say "I don't think I'll bother with the other scan" (as Janny was just under 9 weeks she was scheduled to have an internal probe scan which is used in early pregnancy because the usual scan can't always detect the baby).  "you have to, its protocol" was the colleagues reply.  At that point I knew there was nothing to see.  The doctor proceeded with the additional scan and Janny was shaking as I held her hand. 
Afterward the doctor asked me if I was ok. Janny got herself dressed and we were asked to wait in the councelling room.  I felt numb.  There were no tears from Janny, she simply asked "why our baby not want to stay with us?".  I just didn't know how to answer that.  The best I could come up with, was that sometimes bad things happen to good people, which to me just sounded pathetic, like a bad cliche of no comfort to either of us.  Another blood sample was taken to check Janny's hormone levels and rule out the small chance of an ectopic pregnancy, but we were called later the same day to confirm the miscarriage.

Later that afternoon whilst Janny had a sleep I called my parents and told them what had happened at the scan.  At that point the emotion which had been building up over the previous days became too much and I broke down.  I'm glad it happened then so that Janny didn't see, afterall "men don't cry" right? 

It's now been a few days since the scan.  It was a total nightmare watching things develope as they did, knowing that there was absolutely nothing I could do to stop it.  However, things have returned to normal quickly and Janny seems to be coping well.  I returned to work the day after the scan, as did Janny a couple of days later.  I was so proud of the way in which Janny composed herself and the dignity she showed at the hospital given the circumstances.  Maybe its too soon and the enormity of such an ordeal has not hit home with me yet; but at the moment I'm not sure how or what to feel.  I don't feel grief like I would if I'd lost a child but I do feel some loss.  I think its a loss of "potential" for what our baby could have been more than anything. 

For now I guess its back to business as usual, carry on regardless.  I'm sure we'll try again.  I know Janny wants to try as soon as we can.  But I must admit I'm a little more cautious about that.  I'm nervous that if the same thing happened again so soon it would be a lot harder to take.  I also think Janny presumes that because she became pregant so easily this time, that it will happen straight away again.  She tells me she doesn't want to lose time, but I don't think we need to rush straight into anything.  We are both still young. 

I could say that these things happen for a reason, but again that to me just sounds like an old cliche.  Plus I don't believe that.  To me its just a fact of life that shit happens and nothing will ever change that.  It's just a case of picking ourselves up and getting on with it.

Thanks for reading, hope my next post won't be so depressing :-)

Steve

Working in the UK, spouse visa

This week Janny started her first job.  After applying for so many "entry level" positions over the past couple of months, we were starting to become down hearted by the lack of response.  Given the current economic situation in our area, even the most basic of jobs seem to be saturated with applicants.  So it was a relief when Janny received a phonecall offering her a part-time job within walking distance of our house.  I think the fact that the manager is a regular traveller to Thailand may have been a factor in landing the job but it has also made her feel a lot more relaxed about working for him too.  It's certainly not big money; but more importantly, Janny feels like she is contributing and making her own money rather than relying on me for everything. 

Is working on a spouse visa legal? 

Anyone in the UK on a settlement or "spouse visa" is entitled to work full-time.  I should however point out that only those on a "spouse" and not a "fiance" visa can work.  Anyone entering on a fiance visa is not elligible to work until after they have married and been granted FLR. 

Requesting a NI number (National Insurance)

When we started looking for work for Janny, the first thing we did was apply for a National Insurance number which she needs to work legally and pay NI contributions (should she qualify).  This was a very simple process.  All I had to do was call the NI helpline which can be found on the Directgov website.  I was asked on what date Janny entered the UK, which type of visa she has and why she was requesting a NI number.  Within a couple of days we received an application form in the post which was simple to fill out.  We returned the form with a photocopy of Janny's passport & visa and a couple of weeks later a letter arrived containing Janny's NI number.
Some people have said that they had to attend an inteview at a jobcentre before being issued with a NI number, but that was not the case with my wife.

A tip when applying for jobs

I'm not sure if this had any effect whatsoever on the outcome of my wife's application; But when we first started applying for jobs I contacted some employers direct.  When I told them my wife is Thai, they asked if she was entitled to work.  I thought maybe this had potentially put off some employers from contacting Janny.  From then on, we amended Jannys CV and on any covering letter we included a statement just detailing that she is fully entitled to work under the conditions of her spouse visa.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Taxes/BeginnersGuideToTax/NationalInsurance/IntroductiontoNationalInsurance/DG_190057

Steve

Sunderland 10K run for Thai charity

I've been promising myself for weeks that I'll dust off the running shoes and start training again.  With winter temperatures creeping into double figures, daylight hours lasting longer everyday and an expanding waste line, I'm short on excuses not to do it.  After several failed attempts at getting myself back out pounding the streets, today I gave myself the motivation I needed.

I have signed up for the Sunderland City 10K run, which is just over 7 weeks away in May.  I'm ashamed to say I've done practically no training since completing the Great North Run over a year ago; but 10K isn't too far so once I get into a routine it shouldn't take too long to build my fitness levels up.

In addition to my own selfish reasons for starting training, I thought why not do a bit for charity at the same time.  I have decided to try and raise some cash for the Thai Children's Trust who's mission is to support the most needy children in Thailand; orphans, children with HIV and AIDS, street kids, refugee children and children with disabilities. 

http://thaichildrenstrust.org.uk/
https://www.justgiving.com/ThaiChildrensTrust-Sunderland10K-StevenTodd

So, a few painful weeks ahead but I'm sure it'll be worth it in the end.

Steve

You know you're turning Thai when.......

• You secretly can't wait for the next episode of your wife's favourite Lakhorn.  Even if you haven't got a clue whats going on......Eastenders & Corrie just no longer cut it!
• You walk at half the pace you used to
• You try to memorise your dreams before choosing the weeks lottery numbers
• You feel like a movie without a ghost or guru is not worth watching
• You can eat meals which normally you would have considered too hot but now have "no feeling"
• You have worn a buddhist "good luck" string bracelet for years, want to take it off but just cant bring yourself to do it
• You feel the urge to "wai" your parents when you go round for dinner
• You can comfortably eat all of your meals on the living room floor....without feeling like an arthritic old man
• It feels "cool" if the central heating has been on for anything less than 23hrs a day
• You can eat EVERY part of a chicken, fish etc without gagging at the thought

Just a bit of fun and a few things I've noticed about myself.  Feel free to add a few of your own

Cheers
Steve

Thai TV in the UK

Before Janny arrived back in November, I started looking into the availability of Thai TV on the internet as I knew she'd eventually need her fix of lakhorn, movies and music.  At first she wasn't interested, but after five weeks of watching almost nothing other than Come Dine With Me repeats she finally cracked and asked if we could sign up.

So about a week ago we signed up to DooTV.  We decided to go for the basic package of £15 for a three month subscription.  For that price we only get "on demand" recorded shows, but there is more than enough to keep Janny occupied (I gave up looking through the list of movies as there were hundreds) and it seems to update with additional shows every few days.  For a few extra quid you have the option of live tv streaming (£21) as well as HD amongst other packages.

The "on demand" recordings are broken down into drama, film, TV program, music, sitcoms, news, others and covers all the popular chanels.  Each tab then has sub-headings.  For example in the music section you can filter the shows by concert, karaoke etc or the movies can be filtered by Thai or Asian films.

As we both use small netbooks, not ideal for watching TV, I simply bought a VGA cable which connects straight from the netbook to the LCD TV.  The quality is excellent and when connected up to the LCD it really is just like watching a normal TV.  This also means it is easy enough to watch in other rooms in the house (and for me to relegate the wife to the bedroom when I've had enough of the terrible Thai movies).

Pros:-

Price
Selection and quantity of shows
Streaming quality
Keeps the wife happy and up to date with goings on in LOS

Cons:-

I've lost several hours of my life to some truly awful movies.  Hours I will never get back lol :-)

http://www.mydootv.tv/Home

Cheers
Steve

A Time To Reflect

It's that time of year again.  Coming into Christmas week things are slowing down at work and I have time to reflect on the past year.  And what a year its been.  Without doubt the most influential and important of my life so far.  If you'd have asked me a year ago where I thought my life would be at this point, I really don't think I could describe how things have panned out. 

2011 saw another three trips to Thailand, our marriage, the successful completion of my wife's settlement visa application and her recent arrival into the UK.  Its been a year of frustration and immense stress.  Yet at the same time I have found true happiness and contentment.

The Lows

The obvious low has been the overall amount of stress involved in the visa process.  Don't get me wrong, I totally understand the UK governments need to control immigration (or at least give the impression that they are in control).  But I can't help but feel that the amount of brick walls put up along the way is totally unjustified.  One example of this has been the farcical handling of the English language requirement.  You only have to look at the Thai forums to see just how much unnecessary confusion there is STILL out there.  Its not that the information isn't there to be found.  But I feel like the UKBA could present the process in a much more clear way.  That goes for the entire visa process not just the English test.  I can honestly say that without the help of forums such as http://thailand-uk.com/forums/forum.php I'm not 100% sure we would have been successful in my wife's application.  I wont rant too much about the process because in all honesty, the moment I received the phone call from my wife telling me she had the visa, it all seemed irrelevant.  But I must I admit I don't envy anyone just starting out on the process.

Time spent apart.  Nothing new, as with any long distance relationship its not possible to be together as much as we would like.  Holiday entitlement and funds have always dictated just how much time my wife and I could spend together before her arrival in England.  The distance can often magnify issues which in any "normal" relationship would not be so much of a big deal.  But overall I think its given us a stronger base on which our relationship has grown.  Now that we are together, any arguments seem to be more easily resolved simply by the fact that we are actually physically together and can talk things through face to face. 

A more recent low for my wife, was shortly after her arrival.  After only two weeks in the UK she heard the sad news that her eldest sister had passed away back in Thailand.  My wife's immediate concern was for her Mother and nieces who lived with her sister.  With the help of some family friends in my wife's home town arrangements were made for her Mother and the kids.  This left my wife feeling guilty for not being there, but in true Thai style she bounced back to her usual self within a few days.

From a purely selfish point of view, a big low for me is the fact that it will be a long time before we are able to visit Thailand again.  The cost of the visa, travel etc have left a big hole in the finances.  That plus the cost of the requirements for the next ILR and visa in two years mean that any holidays to Thailand will be a way down the list of priorities.

The Highs

The day my wife's passport arrived and she called to tell me she had the visa.  I can't describe how much of a weight was lifted off of my shoulders.  I had completed 95% of the application and supporting document folder alone and so failure would have felt like my failure alone too.  We had quite a short wait for the decision (3 weeks) but it felt like the pressure for success was all on me. 

Travelling back to Thailand on the last visit to pick up my wife.  Just knowing that I wouldn't be leaving alone at the end of the trip gave an entirely different feeling to the holiday.  Leaving my wife behind at the airport has always been one of the hardest things about previous trips.  This was probably one of the only times I've actually felt good about leaving Thailand.

Being able to enjoy the things which most couples take for granted in everyday life.  The simple things like watching a movie, going out for a meal, going to the supermarket for the weekly shop......just being together.

Witnessing with so much pride just how well my wife has adapted to life here.  Both my sets of parents have already developed an incredible bond with her and have told me they feel as if they have known her for years.  Janny has had offers to meet other Thais in our area but as yet she has shown no interest and would rather spend her time with my friends and family.  Watching how all those she meets immediately warm to her fills me with pride and makes me realise just how lucky I am.

Our first Christmas together.  OK this is still to come.  But being together and having my wife hear with me at Christmas will be the best present I could have wished for this year.  Those xmas day visits to the family will certainly be a lot more fun too.

How I've Changed

I think its impossible after such an eventful year not to have changed in some ways.  My views on immigration certainly have.  I will admit that before having a foreign partner and going through the visa process, I probably felt the same way much of the population does about immigrants.  You could say I was ignorant to how much is really involved.  I used to be one of those that presumed Britain had an "open door policy" when it comes to immigration and I'm afraid to say I believed everything I would read in the tabloids or see on the news or from the "expert" down the local pub.  Now I have so much respect for any "genuine" person or family going through the process, and I mean all aspects of immigration, but especially non-EU migrants.  In keeping with that, I have also noticed just how much more I take an interest in UK politics.  Before I rarely voted or had any interest in doing so, but I now realise just how important it is to have a say in who is running things, even if it has little effect. 

My wife's arrival has also had quite an effect on my relationship with my own family too.  Something I wasn't expecting at all, was just how much closer it has brought us together.  I always knew my parents would welcome my wife into the family, but there was always a fear of how she would be received by them.  No matter how much people consider themselves to be liberal or multicultural, I think there tends to be a certain view of Thai ladies coming to the UK and I thought this might have an effect on how my wife was perceived by my parents and friends.  Luckily we have had no such issues and like I said she has been accepted with open arms and is loved by all those she meets.  As a result I now see my family more than ever. 

One of the main things I've had to learn is how to compromise and not have everything my own way.  I bought my house four years ago and had lived alone until my wife's arrival.  After so much time on my own there have been times when it has been "difficult" to accept an others view on how things should be done but I guess its all part of the fun.

What Will Next Year Bring?

As with this year, it's hard to predict.  We have an idea for my wife to start a small business working from home so that's something we'll be looking at early in the new year.  I also know Janny really wants to start a family sooner rather than later so that will be a conversation we'll be having in the not too distant future I'm sure.  Other than that I'm trying not to think too far ahead.  It's still a long road for us and I'm sure the next visa requirement will creep up on us a lot sooner than we think, so that will always be in the back of my mind.  But for now I'm going to try and relax a lot more this year and see what comes our way.  One thing I've learned since having a Thai partner is to expect the unexpected............

Hope everyone has an amazing Christmas and New Year

Cheers
Steve