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ExpatArchie

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  1. A passport copy submitted by a sponsor for a visit visa does not need certifying.

    A passport copy submitted by a sponsor MUST be certified, but as 7by7 says the sponsor can certify it himself. On one occasion I missed signing just one of the pages and the VFS staff member sent my wife back out to the waiting area for me to sign it.

    [

    Are we at cross purposes. 7by7 and I were referring to visit visa, although this topic is about settlement.

    If you check the VFS Thailand site or the Border Agency UKVisas site you will find I am, for once, correct.

  2. Usually one does not need a transit visa if merely changing planes and remaining airside; it is only if leaving the airport and so actually passing through immigration and entering the country, e.g. for an overnight stopover in a hotel, that a transit, or other, visa may be required.

    If not sure, check with the IATA database linked to above, or with your airline.

    Not entirely correct. If in transit through a US airport you must pass through immigration control. A Thai would need a C-1 transit visa if in direct transit to, say, Lima or Bermuda even though he doesn't need a visa for his final destination.

  3. Actually, embarkation checks were abolished by the Tories.

    As Max Boyce was prone to say, "I know, cos I was there."

    Scouse.

    In 1994 the Tory Govt withdrew embarkation control for passengers travelling to EU/EEA destinations from small and medium sized airports and on ferries.

    In 1998 the Labour Govt withdrew routine embarkation control from all airports and ports for all passengers.

    Edited to increase font size

  4. I'm confused, if the op's ex wife wants to apply for a visa to visit her son and wants to work. She's not allowed to work until she gets a visa but might need a job to prove she can keep herself and thus obtain said visa, surely if anybody offers her a job then they are breaking the law as at the time of her applying for said job she isn't allowed to work, no?

    Brigante7.

    7by7, I note, respect and will comply with your decision to allow ME this one last and final post. I ask you not to close the thread to others in the hope the OP can keep us informed of developments.

    I regret my contributions have given Scouser cause to consider me a Troll.

    Brigante7,

    An employer can make a provisional offer of a job to whoever he pleases. He is committing an offence if he subsequently employs a person holding a visa which does not permit employment. In this instance the childs mother is entitled to work once in possession of the visa. That is not in dispute..

    I include the following simply in response to a criticism that I do not quote sources.

    Source UK National Archives

    Statement Of Changes In Immigration Rules (HC395)

    Laid before Parliament on 23 May 1994 under Section 3(2) of the Immigration Act 1971

    PART 7: OTHER CATEGORIES

    PERSONS EXERCISING RIGHTS OF ACCESS TO A CHILD RESIDENT IN THE UNITED KINGDOM

    Requirements for leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

    246. The requirements to be met by a person seeking leave to enter to exercise access rights to a child resident in the United Kingdom are that he:

    (v) does not intend to take employment in the United Kingdom

    Clearly at some point clause (v) was removed - probably in 2000 (I have searched the archives unsuccessfully to confirm the date)

    Nonetheless ECOs still have the apparent right to refuse on grounds of intent to seek work.

    Edited to add "at" after "clearly"

  5. Upon further reflection.

    The guidance to ECOs states that refusal should be the norm where the UK sentence for a comparable crime could be imprisonment for 12 months or more.

    7by7 states for Theft from a shop it could be 7years. Not necessarily. Simple theft, no aggravating circumstances COULD NOT be so punished. I assume ECOs are trained to consider sentencing guidelines to which Judges MUST adhere (guidlines is a misnomer).

  6. Another question; will I have to again pay the expensive settlement visa fee

    after just wacking out for the fiance visa which costs the same as the 2 year

    settlement visa? I was told I would not but would like some real experiences

    from people who have been through this process.

    Cheers.

    Of course you have to pay. Haven't you heard, the UK finances are in a mess. So a word of advice - when you apply check the fee hasn't changed from a 3 to a 4 figure sum. Still a bargain.

  7. Remember that Para 320(18) says

    save where the Immigration Officer is satisfied that admission would be justified for strong compassionate reasons........
    so it may be worth speaking to an OISC adviser, such as TVE, to see if there is any chance due to this. Although, to be honest, if this is merely a desire by husband and wife to live together in the UK, I doubt it.

    You contradict yourself. Previously you categorically stated she will NOT get a visa.

    ThaivisaExpress is more positive and he has the experience. Follow his advice. Get a criminal record check. Shoplifting very very rarely goes to court., normally dealt with by a fine at the police station so may not be recorded on a national database (according to my wife).

    Visa Refusal is the "normal" decision. An ECO is also required to consider whether a refusal is proportionate Simple theft from a shop, if a first offence, is not considered a serious offence in the UK and on first convictiion presumption is against a custodial sentence. .

    But do not be put off applying.

  8. If you are in Thailand and have a marriage certificate from the Amphur office you can

    1) Apply for a 1 year extension due to marriage at any time, they will give you an 'under consideration' stamp for 30 days (and keep stamping 30 days) until they have considered (you need a Thai bank account with 400kbht for at least 2 months before you can apply for this extension).

    2) Apply for a 60 day extension due to marriage, to visit your wife (no finance needed).

    You don't need any time left on your current Visa for either of these 2 extensions, 'under consideration' counts as extension.

    I'm not sure option (1) is applicable:

    Police Order 777/2551 Section 2.18 condition (1) The alien must have been granted a non-immigrant visa.

    OP is on a tourist visa.

  9. If you marry on 30 day extension there appears nothing to stop you applying for a one off 60 day extension based on marriage. The relationship to be de Jure and de facto which could mean it is not issued to a newlywed - I don't know.

    I was in a similar situation 5 years ago. I knew nothing of the requirement to have 21 days left on "permission to stay" in order to convert to an O visa.

    I entered Thailand on 24 July on 2nd entry of a double entry tourist visa with permission to stay until 21 Sept. On 14 Sept I obtained an extension to 21 Oct. On 13 Oct, in my innocence, I went to Suan Phlu to apply to change to an O visa for retirement. I was politely told of the minimum 21 days requirement and directed back downstairs to the visa extension counter to plead my case for a 2nd extension This was provisionally granted until 20 November. But first I had to see someone who appeared to be very senior, in a private office. He had obviously been well briefed as he said "So you want to get married" and initialled the stamp in my passport. He then told me to return to the change of visa section, where my paperwork was checked. As instructed I returned on 20 Oct when I was given an O visa which was inmmediately overstamped USED and permitted to stay until 17 January. On 12 Jan this was extended to 23 July.

    Fortunately I wasn't a member of this forum at that time, didn't know about it until 2 weeks ago. If I had been I would probably have had an unnecessary journey to Laos

    I suggest apply for the change of visa and see what happens. It is worth a try. Nothing ventured.

  10. UK immigration will have no record of how long your g/f remained in the UK.

    Airlines check passports to ensure right of entry to your destination country, nothing more, although there is a watch list asking them to report if they spot someone on the run from the police . There is, from time to time, an immigration attendance at airport departures involving a cursory glance by immigration staff so don't overstay the validity of the visa.

    A criticism frequently made is no one knows how many people live in the UK. People are counted in but not counted out.

    Dont thais get a stamp on arrival and one on exit ?

    When a thai leaves thailand they get stamped out,when they arrive in the uk they get stamped in,when they leave the uk no stamp out,but when they rtn to thailand they get stamped back in.

    So if she was to apply for another visa at any time with that same passport the ECO can easily see how long she was in the uk.

    Wondered who would spot the deliberate flaw in my argument

  11. She will need to complete a separate VAF4A form, and pay another fee. Complete part 7 of the form and in part 8.1.1 tick "As the child of someone settled, or going to settle, in the UK" She will also need a TB certificate. The applications can be submitted together with the same supporting documents.

    Local education authorities in the UK have a legal obligation to provide a school place for all children in their area who are between the ages of 5 and 16, regardless of their nationality or immigration status. So yes, she will be able to attend a state school. There would, of course, be no problem with her attending a private school either.

    Between 5 and 19. However school attendance is only currently compulsory until 16 (or 15 for a lucky few).

    Edited for spelling. Obviously I left school too early

  12. Pointless hypothesising; unless you can come up with links to UKBA or other government documents to support your argument.

    The guidance to applicants, I assume you mean leaflet INF 4, is just that; guidance to applicants. It is not a statement of the rules, and will include things they can do as well as things they cant.

    As already said, if the OP's wife satisfies the criteria for the visa, and shows that she does, then she will get the visa. Paras 246 to 248 clearly state what these criteria are (246 for the initial visa, 248 for ILR; 247 doesn't apply in this case as she is not currently in the UK with limited leave to remain).

    If she does get her visa, then she can work once she is in the UK and there is no reason why, if possible, she cannot arrange such employment while still in Thailand and before applying.

    Firstly, there has to be unsdisclosed criteria, evidenced by the 3 apparently unjustifiable reasons for refusal. How do you expalin that?. Oh, they must be out of date - by 10 years. Revision dates are published, the last was the end of 2009. I have a low opinion of civil servants but you obviously think they are utterly incompetent.

    Secondly, why must all the applications be referred to the UK? - even the most dimwitted ECO can decide if the published criteria are met.

  13. UK immigration will have no record of how long your g/f remained in the UK.

    Airlines check passports to ensure right of entry to your destination country, nothing more, although there is a watch list asking them to report if they spot someone on the run from the police . There is, from time to time, an immigration attendance at airport departures involving a cursory glance by immigration staff so don't overstay the validity of the visa.

    A criticism frequently made is no one knows how many people live in the UK. People are counted in but not counted out.

    Dont thais get a stamp on arrival and one on exit ?

    In Bangkok, yes they do. In UK only on entry.

  14. If you want to act as your g/f sponsor you will have to send the appropriate paperwork. No choice. You do not have to send originals, nor do copies need certifying (complete and utter tosh). Use courier service if you are paranoid about identity theft. Most Important thing is to ensure you get the correct address. Local main post office can help her ensure the correct anglicised address and may make note, they did for me years ago. Alternatively get her to send you her address in Thai which you can additionally stick on the package .

    Thai postal service is very reliable. The reason a lot of stuff goes astray is because in apartment blocks all the mail is dumped in a central delivery point and it gets stolen.

  15. UK immigration will have no record of how long your g/f remained in the UK.

    Airlines check passports to ensure right of entry to your destination country, nothing more, although there is a watch list asking them to report if they spot someone on the run from the police . There is, from time to time, an immigration attendance at airport departures involving a cursory glance by immigration staff so don't overstay the validity of the visa.

    A criticism frequently made is no one knows how many people live in the UK. People are counted in but not counted out.

  16. It is possible to obtain a single entry O visa from hull as already explained and if you have the right amount of money in a thai bank or income confirmed by uk embassy if and you are over 50 you can obtain a one year in extension in thailand for both you and your wife so you don't have to leave thailand at all which is cool if you don'yt want to leave every 3 months do you and I share the same typewriter because mine comes without punctuation marks and caps

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