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logansmith

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Posts posted by logansmith

  1. I have been in a Civil Partnership with my Thai partner for 5 years now, my partner also has british citizenship and a UK passport. We have also been sussessful in getting his 16 year old son to live with us here in the UK and has ILR (my partner has sole custody). We have been told that he cannot apply for british citizenship until he is 18!

    We all want to go to Spain for a holiday and have been told by the Spainish visa application centre to apply for a EEA Visa. This would make my partners son exempt from the visa application fee and all we would have to pay would be an admin fee.

    We did this and completed the online application form and had an appointment on Tuesday at the visa application centre London.

    We checked what documentation we needed to take from the website and also phoned them to confirm this.

    We made the 200 mile trip to London on Tuesday just to be told that we did not have a consent letter from the mother. The partners son's mother obvioulsy lives somewhere in Thailand, we are not sure where! We explained that to the manager at the visa application centre who just strugged his shoulders and said thats not his problem.

    My partner then went on to explain that he has no way of contacting his ex-wife and that he has sole custody. He has now said you need to bring an english translated version on that document and then they would reconsider.

    I explained that this was never mentioned on the application form or on the website or when we telephoned them. Again he just strugged his shoulders.

    So we have to now make another application and appointment and go back to London.

    Have any of you ever experienced anything like this before and does it all sound feasablke to you just for a weekend in Benidorm!

    Thank you

  2. I am so sorry to hear the problems you are facing it must be very distressing for both of you.

    I am particularly interested in your case as my partner and I will be applying an almost identical application in the next few months, the only difference being my partner is now a UK national, but I doubt that will have any relevance.

    My son-in-law now lives with my partners parents who are quite old, but before April this year he did live the father of his ex-wife, this had to stop because of his age and inability to parent him. Over the past four years that we have married and lived together in the UK we have managed to visit Thailand just 3 times. We telephone him 2, 3 or 4 times a week using a voip phone which we have the message history for, we finacially support him for everything in his life including his private school fees. My partner often sits on the phone for ages going through issues relating to his homework and other personal issues he may have. My partners ex-wife has actually been off the scene for years showing up on the odd occasion mainly for money. My partner has been trying for some time to get her in their village in North Thailand as the same time we are there in order to go to court to get the sole custody document, which we managed to achieve this April.

    We just don't know what we are going to do if we face the same problems as you. The boy is just 14 years old and does not have any really guidance except what can be given over the telephone and in a fashion controlled by my partners parents (both in their 70's).

    We are very inetrested in your case and if you don't mind will keep a tab on this thread to see if there is anything we can learn.

    We do wish you every success in your appeal, have you ever considered contacting one of the agents that have offices in both Thailand and UK?

    All the best

  3. You or your partner can either complete an online application on his behalf or complete a paper form and send it to him to sign and take to the VAC.

    Either way, remember to send him the sponsor's letter and supporting documents to take with him when he goes.

    OK thank you. Let us say we fill in an online application, I was under the impression (as with my partner when he applied for his settlement visa) that my partners son will have to enclose his TB certificate with the application. Obviously we are trying to get his application form submitted without my partner having to actually fly out to Thailand untill his son is due to collect his visa, we have arranged for my partners sister to travel with him to Bangkok (9 hours by bus) if he requires an interview, from what you are saying my partners son will have to go to the embassy anyway to take supporting documentation or can this also be submitted by post?

    Thank you

  4. All of that needs to be put in the sponsor's letter, and evidence (bank statements, phone bills, passports to show visits to the boy etc.) supplied to confirm it.

    Although it is not officially recognised, a Kor Por 14 from the local ampur may help as well; it certainly wont hurt. See this post from Sumrit.

    Who does the application actually come from, me and my partner, or from my partner's 14 year old son?

    Sorry 7by7, just seen your reply, thank you.

    OK so my partner's son makes the application, which I assume needs to be completed in english. My partners son's knowledge of english is no where near enough to complete one of their forms and with my partner being here in the UK and his son in his village in North Thailand, what normally happeneds in these circumstances?

    Thanks

  5. All of that needs to be put in the sponsor's letter, and evidence (bank statements, phone bills, passports to show visits to the boy etc.) supplied to confirm it.

    Although it is not officially recognised, a Kor Por 14 from the local ampur may help as well; it certainly wont hurt. See this post from Sumrit.

    Who does the application actually come from, me and my partner, or from my partner's 14 year old son?

  6. May I add again IMO the sole custody document is important but you must demonstrate you have had sole responsibility of the child this is the important factor.

    Is the child leading an independent life ?

    And various other factors must be considered in this case for entry clearance.

    Good luck to you both.

    I can confirm that my partner does have sole responsibility even though there are 6000 miles between them. He lives with my partners parents but any decisions are conducted via the telephone with my partner. My partners ex-wife does not have anything to do with him anymore. We have issued my partners parents with a UK debit card and my partner puts money in it on a regular basis to cloth feed and pay for his sons school fees.

    My partners son is not leading an independant life he lives with my partners parents and and decisions about his upbringing are discussed over the telephone with my partner and me.

    Thanks

  7. Hi again everyone, we are having to go ahead with this, as my partners son has had to move in with my partners parents as previously stated and things are not great there as my partners parents are not getting any younger and its not fair on them. We believe we fullfill all the requirements for the visa and need to get things moving within the next few months. What we need to do is found out the exact procedure:

    Obviously my partner lives in the UK with me and his son lives in a village in North Thailand.

    Who does the application actually come from me and my partner or from my partner's 14 year old son?

    Obviously depending on which one applies will depend on my next question.

    Thanks

  8. Doesn't really matter who is the sponsor, although it makes more sense if your partner is as he is the boy's father.

    Yes, they will take both your incomes into account, so you should provide evidence of both.

    Provided your joint income is enough to support yourselves and the boy, there is no need for any savings. Although if you have them, I'd suggest providing evidence of them (belt and braces approach!).

    Many thanks for your answer, you have been very helpful

  9. Form VAF4A

    See also Supporting document checklist; Settlement, Child. Remember, though, that this is not an exhaustive list, other documents may be required; especially in the circumstances you describe in your previous posts.

    Documents in Thai do not need to be translated. Is the sole custody document signed by the mother an official one obtained from an Ampur? Only a document from an Ampur or a court is acceptable.

    You should explain the changes in the child's circumstances fully, explaining why his mother and/or maternal family can no longer look after him; plus all the other points mentioned in earlier posts.

    The danger, as I see it, is that the ECO may feel that this decision by the mother and her family is simply a ruse to get the child into the UK. You need to convince them otherwise.

    Thank you very much for your reply. In addition to the details that you have mentioned and taking into account I am in full time employment and my partner is in part-time employment what is the best way to go...

    Would it be better that I sponsor his son or my partner should as his natural father?

    If my partner sponsors will they take into account my earnings?

    What amounts do they like to see in savings?

    Many thanks

  10. There have been further developments with our situation:

    My partners ex-wife has signed a sole custody document stating that my partner has sole custody, although this is all in Thai will it need to be translated?

    His ex-wife has also moved away, her father, who was also living with my partners son, is now too old and is no longer willing to take any responsibility, therefore my partners son has had to move in with my partners parents who are willing to have him temporary live with them because he has no where else to go and my partner will continue to support both his son and his parents finacially.

    With these changes do you feel our case of getting a settlement visa for my partners son more probable.

    Can someone also confirm which visa application form we should use, it is all so confusing.

    Many thanks

  11. UK/BA children

    one parent is dead and the other is settled or coming to settle here; or<LI>the parent who is settled or coming to settle in the UK has had sole responsibility for the child's upbringing; or one parent is settled or coming to settle in the UK and there there are serious reasons why the child must be allowed to come here.

    Your child must show that they:

    • are not leading an independent life;
    • are not married or in a civil partnership;
    • have not formed an independent family unit; and
    • are aged under 18

    I believe if your case is set out correctly and you can demonstrate to the ECO that you have sole responsibility then you have a good chance of success. The one thing that could be a concern is the Mothers involvement in the child's upbringing, you will require the sole custody document it is a relevant piece of evidence IMO.

    Can someone tell me what visa form I need to complete for this visa?

    Thanks

  12. They are all points in your favour; provide as much documentary evidence as possible, particularly of the finances.

    But the biggest obstacle, in my opinion, is that he has been living with his mother and maternal grandfather. You will need to show a strong reason why this is no longer possible. I'm afraid that your partner and his ex deciding the boy will be better off in the UK will not be enough.

    I don't usually advocate the use of an agent as most applications are simple and straightforward; but in this case I think professional advice may well advisable.

    Thanks again 7by7.

    Does the fact that his mother is very seldom home and she does not want any responsibility for her son, also his grandfather is now over 70 years old and is finding things difficult to manage on his own.

    Do you think this would be taken into account?

    Thanks

  13. The standard procedure is:-

    UK to Thailand

    Checking in with airline at UK port of departure- Show Thai passport to show one can enter Thailand without restriction.

    In the unlikely event of being asked for a passport by UK immigration when leaving- Show British passport to show one is in the UK legally.

    On arrival in Thailand- Show Thai immigration Thai passport.

    Thailand to UK

    Checking in- Show British passport so airline knows you can enter the UK. They may want to see the Thai passport too as the British one wont have an entry stamp; but that's not really their problem.

    At Thai passport control- Show Thai passport.

    On arrival in the UK- Join the UK/EU queue and show British passport.

    Most travel agents don't want to see a passport when you book your ticket; if they do then show the Thai one.

    For checking into hotels etc., use his Thai ID card.

    7by7, thank you very much for your detailed response. I would just like to answer further to your point about showing thai ID in hotels. My partner does get a bit angry with the way he is treated by some hotel staff as opposed to the way they deal with me, now he has british citizenship he was looking forward to giving his British Passport as ID. Is there any particular reason why you say use Thai ID?

    Many thanks

  14. I have been living with my Thai Civil Partner in the UK now for over 3 years. He now has his British Citizenship and soon he will hopefully get his British Passport. We are due to travel to Thailand in April and we was wondering which would be the best passport for him to use to travel. Their are obvious times when you need to produce your passport:

    On booking your tickets and on checking in at the airport

    Going through passport control at the UK airport

    Going through customs at Bangkok airport

    Showing ID when checking into hotels etc.

    Anyone have any thoughts or experiences that would assist us.

    Many Thanks

  15. Remember that your partner obtaining sole custody is not enough.

    Sole responsibility is far more important, and if you cannot adequately deal with this then I'm afraid the boy will not get settlement visa.

    How long has your partner been living in the UK separated from his son? (it must be at least three years for your partner to have got his British citizenship.)

    Has he been in regular contact with his son during the three years plus that he's been living in the UK?

    Has he been providing the financial support for his son?

    Has he been taking the major decisions regarding his son's life?

    Who has the boy spent the majority of time living with since his parents split up and your partner moved to the UK? His mother and her relatives or your partner's relatives?

    Is living with his mother a temporary agreement made until your partner could bring him to live in the UK? If so, can your partner prove it?

    Why has it taken three years plus before attempting to bring the boy to the UK?

    These questions must be satisfactorily answered if you are to stand any chance of bringing the boy to the UK to live.

    Thank you very much for your detailed reply:

    My partner has been living with me in the UK now for just over 3 years. During that time we have been able to visit his son twice, however my partner does telephone him every week, sometimes more.

    Since my partner and his ex wife have separated my partner has never failed to provide financial support, including providing for him to attend private school. My partner sends the money to his own family who in turn pass this on to his son's grandfather (ex wifes father).

    I can confirm that my partners son does spend most of his time living with his ex wifes father, his ex wife is never home and works away, but he is 100%financially supported by my partner, even the house he lives in belongs to my partner.

    The reason it has taken 3 years is because it was initially decided that it would be wrong to disrupt him during his schooling and also my partner was not sure how his son would react to his father being gay, he has since told his son (now he is getting older) and he does not have a problem with it.

    Do you feel these answers will satisfy the UK embassy?

    Thanks again

  16. You must demonstrate that you have sole responsibility of the child ?

    Do you have a sole custody document ?

    If you require professional help or advice feel free to contact me via my website we have an office in Pattaya and the UK.

    As far as I am aware these are the documents my partner is getting organised in Thailand. I know he has had to get several documents together and when we visit thailand in April my partner and his wife will be going to court.

  17. Hi everyone, the story so far:

    I met my Civil Partner in Thailand, after a struggle he was granted his marriage visa, we are now married (civil partnership). He had no problems getting his ILR and is now a British Citizen and currently has his UK passport application being considered.

    My partners son still lives in Thailand with his mother and grandfather. My partners ex-wife is in agreement that her son can come and live with us in the UK and is currently signing all the documentation and my partner is in consultation with a lawyer in Thailand.

    Is there any other info anyone can tell us about what we should be aware of? For example,

    Will the UK embassy in Thailand want to interview my partners son?

    We have also heard that there are new regulations which mean he will need to have a finger print scan, does anyone know anymore?

    Can we apply for my partners sons visa from the UK?

    Plus anything else anyone can tell us that we would find useful.

    Many Thanks

  18. My wife applied for her VV last Tuesday the 1st Aug. I'm trying to track it on the internet.

    Can anyone confirm, or otherwise, that there is no message, such as "under consideration" that displays? When I put the passport number and reference number in, it just goes back to the original page and asks for the details again.

    I'm not too worried about the time-scale yet as it's only been 4 working days since the application, however I do doubt my internet prowess and am wondering if I'm doing things correctly. I assume the reference numbers etc are case sensitive.

    Can anyone enlighten me. Thanks.

    Hi just seen this item. Can you please confirm the url for this internet tracking.

    Thanks

  19. What a terrible result for you . Actually i have been in the same position as you before ( a situation now happily resolved) so you can believe me when i say i know exactly how you feel. Its a stomach churning feeling all right and you now have an awful last week together which , believe me , will be absolute misery.

    Yes it was terrible and thank you for your understanding.

    Were they the only 2 reasons it was turned down? The first is just plain silly and the second is explainable although in hindsight you must admit it was daft not to have sorted out your bank statements before this .

    Yes although the ECO wrote over one page these where the only 2 reasons and from this the ECO concluded that we do not intend to enter into a civil partnership.

    Firstly you must immediately write to the ECM(manager) at the BE and tell him that you want the decision reviewed. You could also try phoning and asking to speak to him . I did this before and they will take your calls . Point out that you are leaving next week for England , not that they will care a jot about that .

    I have done what you have suggested and written a letter to the ECM, my partner will hand deliver it tomorrow. Can we be sure it will get to the ECM?

    The ECM will reply after reviewing the case , although understand that they already have a pre-printed stock letter that will say that he has reviewed it and is upholding the refusal. Unless you can show the decision was clearly unfair this is the letter you will get . Get hold of a lawyer in the UK - i can reccommend one if you need me to (just PM me ) and get them drafting the appeal straightaway.

    I think the letter does show that my partner was treated unfairly. We have mentioned that even though he admitted to the discrepancy of friend/boyfriend and then he tried to explain and offered further evidence to support what he was saying the ECO just dismissed it and said she does not want to see it......

    You are fortunate in that the appeals system has been greatly speeded up by new procedures in the last year or so , and now appeals which used to take about a year are now being heard in 3-6 months. However the BE in Bangkok can hold onto your papers for as long as 19 weeks if they feel awkward before forwarding them to the UK . Hence the rather vague 3-6 month time span. Better than before but still an eternity when you are waiting.

    You may consider re-applying after addressing all the points on the refusal notice . It would be marginally quicker . Be aware that your b/f will almost certainly be called for interview again as he has had a refusal . Unlikely they would pass another application on the documents alone . I think you should e-mail an english lawyer specialising in this field and get their initial thoughts on your next move. However you have nothing to lose by writing to the ECM at the BE . Any lawyer would tell you to do this as an initial step. As you are in Bangkok you could hand deliver it and ask for him to call you before you fly back.

    Thank you for this advising me about this. I will PM you in addition to this posting.

    If its any consolation, as a genuine couple you will get a visa of some description in the end . Unfortunately the end can be a long way off.

    You mention that you feel we will get a visa of some description, I was not aware of any others for this type of relationship.

    I know how miserable you feel at the moment . Don't hesitate to ask more questions if you feel it might help. Either way get that letter to the ECM written tonight and deliver it tomorow morning .

  20. We are so upset, actually we are devostated, our application was refused due to the fact that we lied on the previous tourist visa applications. Although this was not an out right lie as previously explained. My partner admitted and apologised for not saying we were boyfriends before and how he had a problem identifying as gay, but this was not acceptable, as this contridicted the amount of time he stated we have actually been boyfriends. The reply was 'there is not a problem around being gay in Thailand......' My partner explained that he is from a small village North Thailand and it was a problem for him. It was also stated that bank accounts shown on previous tourist applications which were in joint names with my previous partner of 2 years ago (which we did not bother to change at the time because of our 20 year relationship and we were still friends and still trusted one another) were the same bank accounts that we gave for the current settlement visa. (hope that bit makes sence!!). We have the appeals form and don't know what to do? We have been told that the appeals procedure can take anything from 3 months to 3 years to settle. We have been told we are better off submitting a new application actually stating that our previous applications were not 100% correct and changing the bank accounts to just my name. Which option should we take or can we do both??? Please help?? We realise, because of my job committment I will have to return to the UK without my partner, the thought of it just turns my stomach especially after living together and becoming so close after the past 12 months. What should we do???

  21. Thanks for all those that have contributed to my first posting. We are still waiting for the interview which is scheduled for next week. Me and my partner are obviously getting very anxious even though we have submitted a true application. We have been 100% honest on this settlement visa application. The only thing that may go against us is the fact that by boyfriend did not openly admit that we were boyfriends on previous successfull tourist visas. My thai boyfriend, at the time, had a big issue with identifying as being gay. So he just said we were friends. This was over 1 year ago now and since we have been living together in Thailand for more than 1 year his confidence with his identity has improved. He has now told his parents and family and some of his closer friends that he is gay. We have submitted all the required documents, we have given evidence of my employment which continues with a UK government department on 3rd July evidence of my savings and also a 6 month contract for a tenancy for a 1 bedroomed flat, this would give us enough time to buy a property. We both hope that all this will suffice, we just do not know what we will do if we will have to separate. What do you guys think about the issue to do with his past tourist visa?

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