Visa for the Wifes Child

[DirtyDisco]

Ok guys need to ask another question.

 

When I did the visa for my wife we used an agent, at considerable cost. I now want to do a settlement visa for her child, I would like to know which forms I will need, also my wife has been told by the agent that I can go to Bangkok to "make paper for me to be papa to daughter". she doesn't know where or what this means and wont phone the agent unless I am telling the agent to deal with the visa.....

 

as I understand it only a Thai court can OK me a the daughters legal father, do I have to attend the court? or would my wife and a folder full of docuements be enough? I will be in Thailand for one week in July would this be enough time to sort out any Thai paperwork?

 

The daughters father has had no contact and my wife says she has papers to prove she is the sole provider. MY wife is here in the UK on a 2 year settlement visa.

[Thai Visa Express]

Nothing of the above is correct my company as you are aware specialise in child cases as you have contacted me several times but not used my services, if you would have used my company we would have prepared the case alongside your wife's. And ensured the documents were inserted with your wife's application i would hope the agent you used mentioned in extra information that she has a child ?

 

He should have added that you have a child and you will continue to make decisions such as schools/support and the child will be joining you in the UK.

 

You will have to demonstrate to the ECO you have sole custody of the child however that is not the only issue the main thing here is you both satisfy the sole responsibility issue. The agent you used should in fact be aware of all the entry clearance rules regarding children and should when he prepared your wife's case have allowed for a future application for the child.

 

You do not need to adopt the child its a simple case.

 

Rule 14.5 clearly outlines you must satisfy the following.

 

14.5 - "Sole responsibility"

In order to fulfil the 'sole responsibility' requirement of the Rules, a sponsoring parent must be able to show that he or she has been solely responsible for exercising parental care over the child for a substantial period. This is in contrast to the concept of the ordinary family unit where responsibility for the child's upbringing is shared between both parents.

 

You will need to be satisfied that the sponsoring parent has consistently supported the child, either by direct personal care or by regular and substantial financial remittances.

 

If the sponsoring parent and child are separated, the child will normally be expected to have been in the care of that parent's relatives rather than the relatives of the other parent. This means, for example, that an application by a child to join his/her mother in the United Kingdom on the basis of sole responsibility should normally be refused if it transpires that the child has been in the care of his/her paternal relatives and that the father lives nearby and takes an active interest in the child's welfare.

And just to add if the child's father has passed away you do not need to satisfy the sole responsibility issue as your wife is the only surviving parent. And lets not confuse sole custody with sole responsibility they are totally different.

 

If you require any professional help feel free to pm myself or email my company we have offices in the UK and Pattaya.

 

Regards Paul.

Edited April 26, 2009 by AZZZEY68

[Scumbag]

14.5 - "Sole responsibility"

In order to fulfil the 'sole responsibility' requirement of the Rules, a sponsoring parent must be able to show that he or she has been solely responsible for exercising parental care over the child for a substantial period. This is in contrast to the concept of the ordinary family unit where responsibility for the child's upbringing is shared between both parents.

 

Given that the child is probably a Thai national does this satisfy Thai immigration law? It is OK to quote UK law but that is only half the equation when children as involved. I think this is more the angle that the OP is looking at.

[Thai Visa Express]

No this is the correct law my wife's daughter is here in the UK. As our various other clients as long as he satisfies the above rule and the Eco is satisfied a visa will be issued, the agent in Thailand should be well aware of the immigration rules.

 

Thai law has no bearing she/he is entering the UK as a dependant child of the mother. They may allow her child to settle in the UK and join the one parent the mother, its a simple process should you satisfy the rules. We have no need to adopt a child etc they will be issued a 2 year visa to match the mothers entry clearance. The sponsor is the mother with her husband backing this up financially as long as the child remains in the care of her family not the child's Father.

 

And to add the only problem here is should the Father not agree to the child entering the UK this may cause a problem however you need nothing from him. As they have lost contact satisfy the rules and the ECO will issue a visa. If the ECO has any doubts he may well ask for further information in regards to this case.

 

US/Austalia may have different rules we are talking UK entry clearance and i have presented more than enough information to help the OP.

 

Its a simple case if you are aware of the rules.

 

He must satisfy sole responsibility and have a sole custody document.

 

You may bring your child to the United Kingdom if you can show that:

 

• you have permission to come to the United Kingdom to live here temporarily (we call this limited leave to enter or remain) and:
  • the child's other parent is settled in the United Kingdom or has permission to live here and is entering the United Kingdom with the child to settle here; or
    
  • you have sole responsibility for the child; and
    

  [*]you have adequate accommodation where you can all live without help from public funds (see Rights and responsibilities for more information on what this means); and

  [*]you are the child's parent - this includes the stepfather or stepmother of a child whose father or mother is dead, both the father and mother of an illegitimate child, and an adoptive parent in certain defined circumstances - see Can my adopted child come to live in the United Kingdom?

Your child must show that he/she:

 

• is not leading an independent life;
  
• is not married or in a civil partnership;
  
• has not formed an independent family unit; and
  
• is aged under 18.
   
  Good luck
  

Edited April 27, 2009 by AZZZEY68

[Bladefire]

Im applying as we speak for tgf and her daughter (aged 4), to come here to the UK for a holiday. Seems simple enough, separate application form; tgf has already changed last name of her daughter to her christian name, has passport, etc. The only problem i see is if the fathers name is on the birth certificate. I have taken care of her daughter the last two years and can prove this, they have lived in my house for the last five months and i have fully supported them both. Her ex bf doesnt give a flying fxxxxx, he knows about me. Me have supporting letters from her parents and brother clearly stating the above. Wish me luck, will let you know how i get on

[Thai Visa Express]

The father of any child is on the birth certificate it makes absolutely no difference to the application.

 

Tourist visas are totally different to settlement issues.

 

Just to add the main thing with any child application is the child belongs with his/her mother IMO they should be reunited asap.

Edited April 27, 2009 by AZZZEY68

[DirtyDisco]

Thanks AZZZEY68 for the great advice, cleared up a lot of things.

[redfred]

i cant understand the agency didnt process at the same time as your wifes, this i think was done just to extract more baht from you ,i know the rules are a bit different to the uk but my wife and stepson are here with me in ireland 3yrs now,also i didnt have to adopt him ,he has the right to stay with his mother.the best of luck hope everything goes well fred

[Thai Visa Express]

Are they on EU family permits ?

 

As they are free totally.

[DirtyDisco]

In researching this visa I read that I have to prove that my Accommdation is suitable, has anyone else had to provide written evedence from an outside source? I have have through my local council found people who will come and view the place and provide a letter, all for the princly sum of £150, ouch..............

[Thai Visa Express]

Yes we do this with the application accommodation rules it is part of the housing act.Any good immigration consultant will cover this within the application. As you have already found you was ready to jump on a plane and start an adoption process taking the advice from someone who clearly not aware of the immigration rules.

 

Good luck

Edited May 6, 2009 by AZZZEY68