zak

Hi

Please could some one advise me which visa application i should use as they change so often as do the rules!

my Thai wife was granted a residence permit with limited leave to remain for 3 years in the UK which is

due to expire in 2 months.

The story is i am UK citizen and my (Thai) wife and son when he was 1 year old came to the UK with me,

my wife on tourist visa and my son on his UK passport.

while in the UK in 2011 Thailand and Cambodia had serious disputes on the border which was very close to the Thai family home so i applied for an extension to her tourist visa as i didn't want my son going back to a conflict zone and she was granted a residence permit at the ukba discretion for 3 years.

we have now become settled as a family in the UK, my son starts nursery soon and my wife for the past

two years has worked for the nhs on a permanent contract.

The British commonwealth still advise against all travel to the area where my wife and son would have

live with her parents as we don't have the financial resources to relocate in Thailand, and would like to stay in the UK

I would be grateful for any advise

Hi can anybody advise me about traveling to Europe for a holiday with my Thai wife.

Heres the situation, my wife has a residency permit with discretionary limited leave to remain

in the UK due to expire in June 2014, so would this stop her from visiting Denmark for instance for a holiday or anywhere else in Europe for a holiday?

would be grateful for any advise if anybody has had experience with this sort of situation.

Did you hear about the Scotsman who told his children the electric meter was a new piggy bank!

Why are Scotsmen always the first ones out of the taxi and yet last to the bar?

Yes 7 by 7 the daughter was mentioned in both application letters and we explained my wife had a daughter and it was our long term plan to retire in Thailand eventually as a family unit but even though it seems we favored one child, we didn't we asked for an extension to the holiday visa and were granted discretionary leave.

and things rapidly calmed down between Thailand and Cambodia so we knew our daughter was OK and it was never as easy as "were going to go and get her"

As they included in restrictions that this leave does not allow you to bring relatives or dependents.

and remember we only asked for an extension to the holiday visa as i was sure this recent conflict would blow over so there was no case for us to apply for her to come to the UK up until now!

Like i said my wife and son have become accidentally settled here if that makes sense.

thanks for your replies 7b7 i take note of what you say, as you actually helped me out with our original application for visitors visa extension

in 2010

and everyone else on this forum great bunch of guys.

The reason we never applied for her daughter to come to the UK was because we originally only

came here on a holiday visa for a short 3 month stay,

but things changed while we were here in the UK,

and yes things are quite calm at the moment between Thailand and Cambodia and it was always the intention for my wife to return to Thailand but now our son has become settled here in the UK speaking English and due to start nursery school in September and my wife has accidentally and slowly become settled and working here in the UK and only now do we realize that we want to settle in the UK as a family this being the reason we haven't applied earlier for a visa for her daughter

The UKBA gave this reason for issuing the resident permit on the 28 july 2011

"Due to the particular circumstances of your case, your leave has now been varied until 28 july 2014

for a purpose not covered by the immigration rules and on a discretionary basis due to your private

and family life with your British citizen partner and child."

so yes it was at the UKBA discretion and issued before before the 09 july 2012

so do we apply under the old rules and also does anyone think we have a chance of getting

my wife's daughter over in the UK with us?

Do the UKBA look at a young brother and sister/ mother daughter reunion compassionately or is it all just black and white

in there eyes regarding finances ect with this type of application?

Also when we submit a covering letter with the application can i write one on behalf of me and my wife

or is it best to do a covering letter for each of us?

thanks for all your replies so far

Yes she was granted the residence permit under discretionary leave.

so does that mean we apply under the old rules before 9/july/2012

My wife's permit expires July 2014 and have been told from UKBA that she will have to apply for the same type of visa she has at the moment at least a month before the current one is due to expire and hopefully get granted a further three years which should not be a problem i have been told after which time we can apply for ILR, which would be to long to wait for her daughter to come to the UK also the longer time mother and daughter apart the harder it becomes to get a visa apparently? and also my wife misses her madly and we want this sorting out asap.

As i stated earlier her limited leave to remain was granted before 09/july/2012 and from what i can gather we don't come under the new strict rules in force i think we apply under the old rules before 09/July/2012. on form VAF4A APPENDIX 1 I would be grateful if someone could confirm this.

HI oldgit

we have paid them half the fee up front and the rest to be paid with the visa application fee when they submit it.

As far as research we checked them out through the internet and met them in asoke Bangkok where there head office is located

the building and offices were very proffesional and the philipino lady/solicitor dealing with us spoke very good English also her Thai secretary made my wife feel confident at the time, they are a large company dealing in all departments of law and immigration which is why we handed over the money and chose them to deal with everything in our absence, but once i was back in the UK and done a little research myself i feel they are doing little for the money and contact is non existent unless we contact them first and it seems im directing them with which way and how to deal with this visa application which if thats going to be the case then im looking for anyones help and advise as i can pass the info on.

hopefully i am wrong and this lady will sort everything for us but even still all advise appreciated

Hi all,

I am in the process of applying for a settlement/family reunion visa for my thai wife's 9 year old daughter who is in Thailand living

with her grandparents.

we are in the uk at the moment and have left it in the hands of a visa/solicitor to arrange the visa (G.A.M Legal Alliance) in Bangkok which is costing us 73,000 bht plus paper work costs.

Now heres the tricky bit my wife came to the UK on a holiday visa in mar 2010 with our 2 year old son who has a British passport

and while here we applied for an extension to the holiday visa and were granted a 3 year residence permit with limited leave to remain due to the fact that her family home was only 8 km from where Thai and Cambodia troops were fighting at the time, the permit was issued before 09/july/2012

so i believe we come under different rules to the present ones?

Now bearing in mind none of this was ever planed and is why we have not until now realised that we are going to settle in the UK and want

my wife's daughter our sons sister here with us, we have financial records showing monthly payments for her daughters welfare and one substantial payment to my wife's mother as part of her upbringing, we have photos hundreds of the children together at different stages from new born to present, we have records of constant contact by telephone, we visited thailand last month to get the ball rolling with the visa and it was one of the hardest things to do leaving her behind and feeling helpless because its just out of our hands try explaining that to a 9 year old as my wife did.

my wife now works for the N.H.S on a permanent contract. she has completed an NVQ in English and has completed NVQ courses within her employment she earns around £14,500 per anum before tax about £12,000 after tax

I earn around £9600 after tax per anum, We have around £7000 savings and we receive some tax credits for help with nursery fees etc..

but these tax credits will be minimal in six months when our son will attend state school.

the reason i am asking these questions is because i seem to be doing everything for this visa company and after investigating myself found

that because of the date my wife's permit was issued we may have an easier process than under new rules form vaf 4a appendix 1. they were or are going to apply for a settlement visa under the present rules? I'm not totally convinced this company knows what there doing, we have paid them half the money upfront, i would be very grateful for any advise or info with this as i dont want to loose a small fortune due to this companys lack of knowledge regarding our situation i understand its not strait forward but surely its there job to investigate what are the correct forms to use ect..

Thanks in advance

justin

Hi sorry not replied earlier,

My GF was granted a residence permit with limited leave to remain for 3 years at the discretion of the ukba which cost £500+ due to the conflict on the Thai/Cambodia border. they explained that no way would they extend the holiday visa but because of the circumstances they granted the residence permit which was only granted as they stated due to your partner and son being British citizens, and is allowed a N.I Number, NHS treatment and is allowed to work in the uk.

And as i explained earlier this was a genuine concern and under no circumstances was i letting my son return to the border!

as i guess some of you who travel to Thailand but not near the Cambodia border think i may be exaggerating the situation well i can assure you when these two kick off its not handbags at ten paces near these borders having witnessed some of this at first hand.

Im still not sure what situation we will be in when this is due to expire as she has become settled now and is working full time for the NHS and has completed training courses for work and also attended A college course to gain an NVQ in English, and our son is settled speaking English and is due to start nursery/school in 4 months.

does anyone know if she will have to return when this permit expires?

I would just like to thank you for all your advise,

you were the only one with maybe or possibly answers that stoped me giving in with this visa extension.

And i am quite happy to let you know she was granted leave to remain untill oct 2014.

Thanks again

justin

thanks for the advise,

you wouldnt know which department i have to contact about this would you?

cheers

justin

You would contact the UKBA:-

Contact detailsThe email address below is for applicants who are already in the UK and require general information about the Immigration Rules' requirements. For data protection reasons, we cannot answer questions about individual cases by email.

Phone: 0870 606 7766

Textphone: 0800 389 8289

Email: [email protected]

Address: UK Border Agency, Lunar House, 40 Wellesley Road, Croydon, Surrey CR9 2BY

Opening Hours: Monday to Thursday 09:00 to 16:45, Friday 09:00 to 16:30 (excluding public holidays).

Unfortunately your most likely reply is that they only give general responses and cannot give a definitive answer on individual cases as circumstances differ and the only way to find out is to submit an application.

See also Can I extend my stay as a general visitor?

Marriage would not help; she would still be subject to the visitor rules. A visit visa cannot be converted to settlement in the UK; to do that she would have to return home.

If we were to marry here in the uk would that help our cause or hinder it?

As the guidance quoted by VisaPlus says

Leave to remain beyond the six month maximum period should only be granted in the most exceptional compassionate circumstances

Would the circumstances you describe would be considered such?

That you have work commitments? No.

That you could do with them staying another 6 months? No.

That they would be traveling on their own? No.

That her home is in a potential conflict zone? Possibly.

There is only one way to find out for sure, and that's to apply; and that's going to cost you £550, whether successful or not.

But, you say that she has one month left on her current visa. Applications for an extension of stay as a visitor must be submitted at least 4 weeks before the current visa expires; she may be out of time!

However, if her home is in a potential conflict zone she may be able to apply for refugee status; but that is an area way outside my level of competence.

thanks for the advise,

you wouldnt know which department i have to contact about this would you?

cheers

justin

As the guidance quoted by VisaPlus says

Leave to remain beyond the six month maximum period should only be granted in the most exceptional compassionate circumstances

Would the circumstances you describe would be considered such?

That you have work commitments? No.

That you could do with them staying another 6 months? No.

That they would be traveling on their own? No.

That her home is in a potential conflict zone? Possibly.

There is only one way to find out for sure, and that's to apply; and that's going to cost you £550, whether successful or not.

But, you say that she has one month left on her current visa. Applications for an extension of stay as a visitor must be submitted at least 4 weeks before the current visa expires; she may be out of time!

However, if her home is in a potential conflict zone she may be able to apply for refugee status; but that is an area way outside my level of competence.

There is also the small? issue of the thai cambodia conflict! the village where they stay is only 8 km from the cambodian border

and has been mortar shelled a couple of times over the last 3 weeks and the whole village were evacuated twice during this recent conflict,

i didnt mention this earlier but could this be a genuine reason for them to stay with me untill we know everythings ok?

By the way this is genuine my gf isnt to keen on staying in the uk long term but realises due to work commitments and the conflict on the thai border she may have to,

we are more worried more for our son than anything else

thanks for the replys and hope to hear something more possitive.

thanks again guys

justin

Best to stick with the bias rules. Why don't you start the process of settlement visa and they can stay longer next tome however still need to return to Thailand goodluck

Why are they Bias, they are there to protect the Genuine people who jump through hoops to get the right Visa, it quite clearly says, that you must apply for a visa from your own Country. It is unfortunate that things happen but thats life. If i was concerned about my Girlfriend who has my baby ,I would get her a direct flight back , then there is less hassel.

i basically said i pay for everything while she is in thailand (with some proof)

and that i would be paying for everything, from her flights to to the meals she eats, and we sailed through it and was granted a holiday visa within 5 days.

i take it your doing the visa application yourself? if so good luck sure it will go to plan its easy if you dont look to much into it just answer the questions without a lie

good luck again

Thanks very much for the help :-)

Hi all,

could any of you out there tell me if there is a process where i could extend my thai gf uk holiday visa?

The situation is my gf has one month left to run on her holiday visa, she is here with our son who is 16 months old and he has a full british passport.

I have some work commitments which i wasnt expecting and could do with them staying with me for another 6 months untill this current contract finishes

because i dont want them travelling alone back to thailand its daunting enough for my self with transfers ect,

I would be really grateful for any help or advise.

thanks!

justin

No but have been thinking maybe they stamp your passport or flag the passport number

i might just be paranoid about it but but dont want to go through with bankrupcy if it will affect

me traveling to thailand.

thanks

Hi all,

can anyone tell me if i declare myself bankrupt will it affect my imigration status.

I travel to thailand regularaly as i have a GF and son who live there,

But i have been told from citizens advise i would not be able to obtain a visa while bankrupt,

but the thai consulate say they have never heard of anything like this, and could not confirm if true or false and told me to

contact uk imigration who told me to contact the consulate??

Could somebody please help me with this issue or if they have been in a similar situation.

thanks in advance

Hi all

i have been with my thai girlfriend for two years and we have a baby together

who will have a british passport but i want them to come to england only for a visit.

does any one out there know if she classes me as her boyfriend or partner in her VAF1A application form

thanks in advance and any info would be appreciated asap as i leave for thailand in 3 days to

hopefully submit this visa application

thanks worried member

Hi all

could any one point me in the right direction for a family hotel in pattaya or jomtien,

i will be with my thai partner and her daughter who is 8 years old and our son who is nearly one year old

we need a large enough room to accomodate us plus basic baby facilities, only the basics as we only want to stay about a week or two as a holiday before we return to bank raut (buriram) But i would like somewhere that is child friendly and has good local food and shops and hopefully not to far from the beach and entertainment for the the 8 year old as this is a holiday mostly for her!

i would be grateful for any help.

regards j

Thanks for the reply,

but on her application form should she say shes visiting family, friends or partner?

i would be grateful for any help and advise anyone can offer with a visitors visa and child passport

thanks,

A confused member

I need information regarding my partner visiting the uk with our child.

I am a UK citizen and my partner is a Thailand citizen and we have been in a relationship for approximately 2 years. I have searched for advice on various forums and am extremely worried about making a mistake on an application form that may be interpreted as a deliberate lie.

My situation is as follows.

I am travelling to Thailand on the 16/12/10 to visit my partner & son, i am anticipating returning to the uk on or around 15/02/11 and i wish to bring my partner & son over to the UK for maximum of 6 months. My son will have UK passport at this point but my partner will not. Should my partner complete a visitor’s visa and apply as a visitor or family member? Periods of our relationship have been spent apart obviously because i have to return to the UK to work and the forms have me confused as to our actual status....

We are together in a relationship...

We have not spent more than six months living together because of my work commitments in the UK.

We have an 11 month old child together (with DNA test proving that the child is mine)

We are not married but we intend to get married within the next 24 months.

Phone records for the past six months

Financial evidence for last six months, but older records are available.

Passport & visa evidence for time spent in Thailand

Picture evidence of our relationship.

Financial independence for my partner & sons departure

Written evidence from professional witnesses testament to our relationship

Hope you can help with our dilemma

Thanks