wix

Im looking for some advice on the best options for moving back to the UK.

I'm married to a Vietnamese woman in Vietnam and we have a young baby. We want to move back to the uk to live, but aren't sure what's the best route to take to be accepted for a visa.

The 2 choices seem to be for us to apply from here, or I go back to the uk and apply for my wife's visa after 6 months work and showing the minimum earnings.

If I stay and work in Vietnam I won't meet the minimum earnings but can do some online work to help meet the target. I can also get a job offer in the uk to show when applying for the visa, which would show I would have uk work should we be accepted.

My first thoughts are that there will be a higher chance of success if I apply from living in the uk. That way, my wife can also work in Vietnam to show she can support herself and work and also contribute to our joint earnings. Of course, this means being apart for atleast 9 months or so too.

Could anyone offer some advice or share any similar experiences on this?

SanDiegogirl

What does "doing some online work" mean?

Will you be self employed? If so, be aware that an application dependent on self employment takes a lot more documentation and proof and one year's accounts to meet the criteria.

You need to take the route which will guarantee you success and be the most uncomplicated in terms of proving employment income.

Have you read the following document carefully to see how you qualify:

https://www.gov.uk/government/upload...equirement.pdf

Pulaski

Your wife's earnings in Vietnam don't enter the equation with respect to a visa, nor does her being able to work to support herself.

quiltman

Option 2 seems the best. go back to UK , get a job meeting the requirements as per the link SDG gave , then apply for the spouse visa. You say you have a young baby? He or she is likely British by descent so you should apply for their UK passport , then you only need meet the £18600 rule. It appears you have given thought to this and are prepared to be apart for some time. The good thing is not only are you more likely to succeed with your application but your wife can save more money! you can always go visit them whilst the application is in progress.

wix

Thanks yes I understand that, but it at least looks good that she can support herself and hold a job down. Plus, she can save for all the expenses involved in this process.

wix

Yes, after reading the document it seems our only option and the one most likely to succeed. I have applied for our daughters passport and should receive it in the next 6 weeks.

wix

There is another possible option open to us but also a possible snag too. We considered my wife applying for a 6 month tourist visa or uk marriage visa, to join me when I go back to the UK so we can all be together for some of this planned time apart.

The problem is that last year she was denied a tourist visa. My mother offered us a honeymoon in the uk for 2 weeks as a gift and although we met the financial requirements there were some minor details on the application form which gave them doubt we would actually return. My wife had quit work for the pregnancy and I had supplied 3 work contracts to prove I had work here but one of them stated that the contract ran out the week before our trip (though it was a rolling contract), a detail I didn't really notice at the time and wasn't given chance to correct it. So both these factors apparently gave them reason to think we might be trying to just stay in the uk.

So of course my worry is that this will go against us even for our main spouse visa, but my question is will this also mean that another tourist visa application is likely to be refused too? Despite changes in circumstances, the number of rejections must go against you?

For our main spouse visa application we'd like to use some kind of visa application checking service too to make sure it's as 100% correct as possible. Can anyone recommend such a service?

Pulaski

Maybe that is important for you, and maybe for her self-esteem, but has zero relevance for getting a visa.

SanDiegogirl

You had a visitor visa application refused last year and your circumstances have not changed much since ..... so its a 50/50 chance of getting a visitor visa. If you say that she is staying for the whole of the 6 months then that will raise flags as to her not having a job and no strong ties such as housing etc back in Vietnam.

You, the husband, are now returning to the UK for employment. Another red flag.

When you apply for the spouse visa, your previous refusals won't have any relevance to the application.

quiltman

She was refused because the documentation gave immigration cause to be concerned you would not return. Regretfully, it's your fault for not seeing the rolling contract expiry date so it's possible she may be denied again. The best route seems to be as suggested previously - you come back to UK , get job meeting the £18,600 - I assume your childs UK passport will be issued before you apply - then sponsor her to come on the spouse visa. Previous visa applications will have no bearing on this route. Just remember there will be the NHS supplement to pay for your wife for the first few years she is in UK. I know it means being apart for some months, but in the grand scheme of things it's worth it , even if only for peace of mind that she is unlikely to be deported! Remember after 2.5 years you apply for her FLR and at that time MUST still meet the financial requirements, but now your wifes' earnings can be taken into account. Good Luck for the future!

Can't help with a visa checking service but if you are careful, you should not need it - folks here on BE will help you as many of them have jumped through all these hoops before!

wix

Really appreciate yours replies and confirming that the moving to uk and applying for a spouse visa is the best option for success. I appreciate the support in your messages too. It's not the best option for us as a family, but seems the best for the long run. I'd really like to still find an application Checking service though, just to make sure there's nothing overlooked and we get this right first time so as not to delay my wife being able to join us in the uk. Thanks again.

Novocastrian

You are posting on the cheapest and best informed checking service there is. Use the forum.

angie_329

I understand that you want to feel sure all is in order. when there is a lot at stake. I have used a checking service to good effect in the past for a family member. I will PM you a couple of immigration agents in the UK, level 3 OISC registered, who offer a fixed fee checking service. I suggest you talk to each of them first. Also make them aware of the past refusal.

wix

That's fantastic, thanks a lot for your help. I'll have a look at those contacts.

wix

I've looked further in to the possibility of my wife applying for a visitor visa while i and our daughter are back In the uk and I'm working to build up to applying for my wife's spouse visa. It seems worth applying for a visitor visa because a few members on this forum have said that if she is rejected for the visitor visa it won't affect our chances of being accepted for the spouse visa we'll later apply for, so worth trying.

My questions are about the visa type, length and when to apply.

I think the standard visitor visa is the correct option, but there are other options, specifically 'special visitor - child visitor'. So I want check which would be the best visa for us to apply for?

If it's the standard visitor visa, there's the option for up to 6 months or up to 2 years. Of course we'd like to apply for about 1 year so my wife can be in the uk until I start work, then i work 6 months and we then apply for the spouse visa, which takes up to 3 more months. My wife can give the reason as being to look after our daughter while I work, stay with me or we all stay at my parents, she can provide bank statements with funds for the trip as her parents will fund her stay (transferred to her 6 months before applying). She can also show that she would come back (if she has to for any reason) and live with her parents and also works freelance selling beauty products for a company and can show she can come back to this job, if all these details are required when applying for the visa.

The last question is when to apply. Would my wife have to wait until I'm in the U.K. to apply or could she apply 3 months beforehand to try come to the U.K. at roughly the same time I and our daughter do?

I think that's it! I'd appreciate any advice to try clarify our best options here.