Returning to England after 10 years in Japan.....

[Ardija]

With a wife and 3 kids to do a postgraduate course!

I'm definitely out of the loop and would greatly appreciate any advice.

Basically I have enough money to cover my masters course and living expenses for the duration although I am slightly concerned about providing for my Japanese wife and kids (7, 5 and 1).

I've read about child tax credits although I'm not sure what kind of help I can get for my wife (who won't be working as she will be looking after our youngest child).

We will be living in my parents house until I graduate with no income for the year I'm at university.


Would I be able to receive any help for my wife and kids?


Thanks for any help.

[PaperPusher]

Hello

What nationality do you hold? What will your wife apply for to enable her to come back to the UK?

She may be eligible for Inefinite Leave to Enter - see the following:

Spouses or civil partners of persons present and settled in the United Kingdom or being admitted on the same occasion for settlement
Requirements for leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement
281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

(ii) the parties to the marriage or civil partnership have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

For the purposes of this paragraph and paragraphs 282-289 a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, is to be regarded as present and settled in the United Kingdom.

http://www.ukba.homeoffice.gov.uk/polic ... les/part8/

You will need to show that you can all be supported and maintained, and that your parent's accomodation is suitable for an extra 5 people.

Would I be able to receive any help for my wife and kids?

This depends!

[Ardija]

Hello

What nationality do you hold? What will your wife apply for to enable her to come back to the UK?

She may be eligible for Inefinite Leave to Enter - see the following:

Spouses or civil partners of persons present and settled in the United Kingdom or being admitted on the same occasion for settlement
Requirements for leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement
281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

(ii) the parties to the marriage or civil partnership have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

For the purposes of this paragraph and paragraphs 282-289 a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, is to be regarded as present and settled in the United Kingdom.

http://www.ukba.homeoffice.gov.uk/polic ... les/part8/

You will need to show that you can all be supported and maintained, and that your parent's accomodation is suitable for an extra 5 people.

Would I be able to receive any help for my wife and kids?

This depends!

I'm British. How do I prove my parents accommodation is suitable for us?!

I've been offered a house by my uncle although living with my parents is a better idea as it is close to my university.

I'm getting the feeling this could be complicated!

[JAJ]

If you were born in the United Kingdom then your children should be British citizens. You should get them consular birth certificates from the British Embassy in Tokyo.

After that, then they need either:

1. British passports; or
2. Right of Abode stamps in their Japanese passports.

Spouse visa for your wife is normally straightforward for those with genuine relationships. But others know more.

Are you aware you will have to pay overseas fees to study?

And do you need to take any steps to ensure you can later on easily return to Japan?

[Ardija]

Thanks for the information PaperPusher.


Sections iv and v could be sticking points as I obviously won't be living exclusively in my parents house!

Although I could have about 10,000 pounds (my course starts in October) for studying costs it won't be enough for my wife and kids.

My kids have Japanese passports at the moment but I can get them changed to British at the British Embassy.

Would this help them get tax credits, family allowance etc.?

I don't know about my wife though.

[Ardija]

If you were born in the United Kingdom then your children should be British citizens. You should get them consular birth certificates from the British Embassy in Tokyo.

After that, then they need either:

1. British passports; or
2. Right of Abode stamps in their Japanese passports.

Spouse visa for your wife is normally straightforward for those with genuine relationships. But others know more.

Are you aware you will have to pay overseas fees to study?

And do you need to take any steps to ensure you can later on easily return to Japan?

I'm paying the 7,500 pounds fee that all "Home" students have to - at least that what it says on my acceptance letter!

[PaperPusher]

hello Ardija

Do a search on this forum about accommodation, it is a question that comes up a lot. You also mention that you do not think that you will all be able to survive on the money you will have. You will have to show that "the parties will be able to maintain themselves and any dependants adequately without recourse to public funds". Are you able to show that you can get a part time job at least? What about your wife?

The point of the rules is that they want to deter you from going to claim benefits and being a burden on the UK as soon as your wife gets settlement.

How long have you and your wife been married.

[Ardija]

hello Ardija

Do a search on this forum about accommodation, it is a question that comes up a lot. You also mention that you do not think that you will all be able to survive on the money you will have. You will have to show that "the parties will be able to maintain themselves and any dependants adequately without recourse to public funds". Are you able to show that you can get a part time job at least? What about your wife?

The point of the rules is that they want to deter you from going to claim benefits and being a burden on the UK as soon as your wife gets settlement.

How long have you and your wife been married.

Over 7 years. Hopefully I will have a decent paying job after I graduate and won't be a burden although I am wondering what help might be on offer in the meantime.

She could stay in Japan for the year but her job won't be enough to support the kids here either.

[vinny]

I'm British. How do I prove my parents accommodation is suitable for us?!

I've been offered a house by my uncle although living with my parents is a better idea as it is close to my university.

I'm getting the feeling this could be complicated!

Third party accommodation support is acceptable. However, third party maintenance support is not permitted. Accommodation should not be overcrowded. See also Sponsors Financial Situation -URGENT HELP NEEDED!!!

If you have been living together/married for at least 4 years, then make sure that she gets the appropriate entry clearance endorsement.

[Ardija]

I'm British. How do I prove my parents accommodation is suitable for us?!

I've been offered a house by my uncle although living with my parents is a better idea as it is close to my university.

I'm getting the feeling this could be complicated!

Third party accommodation support is acceptable. However, third party maintenance support is not permitted. Accommodation should not be overcrowded. See also Sponsors Financial Situation -URGENT HELP NEEDED!!!

If you have been living together/married for at least 4 years, then make sure that she gets the appropriate entry clearance endorsement.

Thanks Vinny, all very informative and I'm slowly piecing together the jigsaw.

There do seem to be inconsistencies though.

For example my wife's Japanese friend and English husband went back to the U.K. a few years ago and they had no problems with everything despite having no jobs initially.

[bototo]

I'll accept that I'm no expert but if he's British and his children all get British passports surely he's entitled to return to the UK whenever he wants without having to prove accommodation or support?

[Wanderer]

I'll accept that I'm no expert but if he's British and his children all get British passports surely he's entitled to return to the UK whenever he wants without having to prove accommodation or support?

For his wife tho even UK based spouses have to prove finance and accommodation for spouse/fiancee visa.