# UK settlement visa for family



## ExpatinHK (Oct 20, 2012)

Hello, I am a British citizen married to a Hong Kong (HK) Chinese husband and we have 2 boys who both have British Passports and all residing in HK.

We are planning to move back to UK next July 2013 and start anew after 18 years away in time for my kids to start next academic year (hopefully!). My husband and I will be leaving our jobs in HK and we won't have secured any jobs when we arrive in the UK just yet.

What are the visa options open to my family that will allow us all to arrive in the UK together? Is the simplest way to apply for a settlement visa (which forms to fill in?) and have £62,500 savings in the bank available and untouched for 6mths before submitting application? Anything else I need to provide re:documents?

Will my kids be entitled to child benefit and medical benefit as they are British citizens but both were born in HK? Will my husband be entitled to any medical benefit at all?

Anything else I need to plan in advance and do before we arrive to make adjusting life in UK easier. Am I right in saying that as we are not resident in UK yet we will have to sort out our kids education when we arrive in UK. 

Any advice is greatly appreciated!!!

Thanks! Your Expat Forums are fantastic!👍


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## 2farapart (Aug 18, 2011)

ExpatinHK said:


> Hello, I am a British citizen married to a Hong Kong (HK) Chinese husband and we have 2 boys who both have British Passports and all residing in HK.
> 
> We are planning to move back to UK next July 2013 and start anew after 18 years away in time for my kids to start next academic year (hopefully!). My husband and I will be leaving our jobs in HK and we won't have secured any jobs when we arrive in the UK just yet.
> 
> ...


Only your husband needs to apply because you and your children already hold British passports. Your options would include:

*Category A:* if you have been working in a single job that pays the equivalent of £18,600pa or more (and never dips below £1550 per month before tax) and have a job waiting for you in the UK worth £18,600 or more.

*Category B:* if you have been working and have earned at least £18,600 over 12 months, regardless of how many employers and regardless of whether some months have dipped below £1550 a month), and have a job waiting for you in the UK worth £18,600 or more.

*Category D:* have £62,500 in savings untouched for at least 6 months in an instant-access bank account (can be in either or joint names). 

Once a spouse visa is granted for your husband and you move your family to the UK, you then have the option of using your husband's income if he works in the UK to meet the subsequent requirements at each Further Leave To Remain stage, or keep your savings and use those (after being granted a spouse visa, the next FLR visa is in 2.5 years time, so he would need to be in a job earning a minimum £18,600 pa job within two years of entry into the UK).

____________

Your entire family will ultimately be entitled to full NHS health cover without need of any additional insurance, but for the first 12 months you might need to insure against hospital charges. From the Department Of Health guidelines:


> Under the current Regulations, anyone who is taking up or resuming permanent residence in the UK is entitled to free National Health Service (NHS) hospital treatment in England. If your intention is to live permanently in the UK you will be exempt from hospital charges from the date of your arrival in the country but you should expect to be asked to prove your intention and that you are legally entitled to live here. This exemption applies to your spouse, civil partner and children (under the age of 16, or 19 if in further education) if they are living here with you on a permanent basis.
> 
> If you do not have an automatic right to take up permanent residence but have applied to the Home Office for leave to enter/remain on a settled basis, you will be chargeable for any hospital treatment up to the point your application is granted or until you accrue 12 months lawful residence in the UK.


So you will be able to visit a GP and receive prescriptions at NHS charges, but for the first 12 months you will need to pay for any hospitalisation charges.


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## ExpatinHK (Oct 20, 2012)

Thanks so much for the advice! If we eant to leave HK in July next year, when is the latest I can apply for the spouse visa and which are the correct forms I need to fill in?

Thanks again!


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## ExpatinHK (Oct 20, 2012)

May I also ask what are the processing times for applying for a spouse visa from HK?


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## Joppa (Sep 7, 2009)

ExpatinHK said:


> May I also ask what are the processing times for applying for a spouse visa from HK?


There were only two settlement visa applications made in HK during September, and they took 60 working days or around 12 weeks. It's hoped processing time will go down as the backlog is cleared.


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## ExpatinHK (Oct 20, 2012)

That's good to know Joppa. These forums have been and will always be a brilliant and valuable resource for me! Keep up with the fantastic work you are doing! Gratefully appreciated!


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## ExpatinHK (Oct 20, 2012)

Just want to ask do I need £62,500 in my bank account for six months BEFORE I apply for the spouse visa? Thanks.


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## ExpatinHK (Oct 20, 2012)

Also does the £62,500 have to be all in one bank account?


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## mehemlynn (Nov 16, 2011)

Yes for before you apply, but it can be in multiple accounts.


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## ExpatinHK (Oct 20, 2012)

Thanks so much..Just one more question!! Will my husband be able to fly in and out of UK during first 2.5 years of getting his settlement spouse visa? (E.g for for self-employed work and visiting his family in HK?) Thanks again.


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## Joppa (Sep 7, 2009)

ExpatinHK said:


> Thanks so much..Just one more question!! Will my husband be able to fly in and out of UK during first 2.5 years of getting his settlement spouse visa? (E.g for for self-employed work and visiting his family in HK?)


That shouldn't be a problem, as it's multi-entry. When he comes to renew his leave, he just needs to show his home has been in UK and any trips abroad are explicable, such as in connection with work or holidays.


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## henrikbeech (Jul 9, 2012)

Hi,

if you already have leave to enter , on the basis of being the spouse or partner of a settled person, you will need to meet the rules which were in force before 9 July 2012 if you apply for settlement. The requirements before 9 July 2012 are much more straightforward and you only need to wait two years to gain indefinite leave to remain in the UK as a spouse or partner.


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## ExpatinHK (Oct 20, 2012)

Please can I ask which forms do I need to fill in? Thanks!


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## Joppa (Sep 7, 2009)

ExpatinHK said:


> Please can I ask which forms do I need to fill in? Thanks!


To save us having to read through this rather old thread, please recap your present immigration status, and what you are trying to do.


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## ExpatinHK (Oct 20, 2012)

Apologies Joppa. My husband (Hong Kong passport) needs to apply for a UK settlement visa (spouse) in HK in order to come with me and my sons to the UK (all holding British Citizen passports). My husband and I have been working and living in HK for 18 years now and I want to return to UK to settle down with my family. We meet the Category D criteria (£62,500 in bank account for at least 6 mths). Just wondering which application forms my husband needs to fill in and what supporting documents are needed. Thanks in advance for your assistance.


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## ExpatinHK (Oct 20, 2012)

Hello would be grateful for an answer as I need to apply for the visa soon!! Thanks!


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## teuchter (Dec 12, 2011)

ExpatinHK said:


> Apologies Joppa. My husband (Hong Kong passport) needs to apply for a UK settlement visa (spouse) in HK in order to come with me and my sons to the UK (all holding British Citizen passports). My husband and I have been working and living in HK for 18 years now and I want to return to UK to settle down with my family. We meet the Category D criteria (£62,500 in bank account for at least 6 mths). Just wondering which application forms my husband needs to fill in and what supporting documents are needed. Thanks in advance for your assistance.


First, check out this page: UK Border Agency | Hong Kong

He will need to apply online, using the online version of form VAF4A. Once he's completed the online application, he will need to print out the form and enclose it with his application. See 'Apply for a visa online' link on the right-hand side of this page: UK Border Agency | Applying for a UK visa

He will also need to print out Appendix 2 ('financial requirement'); fill it out and enclose with his application documents. Forms and appendices are available on the right-hand side of this page: UK Border Agency | Applying from outside the UK

teuchter


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