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the scouser

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Posts posted by the scouser

  1. If your child was born in the UK, you should apply for a Thai birth certificate at the Thai embassy in London. You can also simultaneously apply for a passport. If your child was born in Thailand, simply apply for a passport to the Thai embassy in London, enclosing his Thai birth certificate.

    Scouse.

  2. If a settlement visa is refused, your wife has the right of appeal, although this can take 7-8 months to be heard. There would be no reason why she wouldn't be able to make a visit visa application immediately following the refusal of a settlement application, but having pinned her settlement colours to the mast, it'd be likely that the visa officer would not accept that she was genuinely visiting the UK.

    Scouse.

  3. Paulson Plans to Bring Fannie... Under Government Control

    As another poster previously commented: the schoolboy within me wants to smirk.

    However, in all seriousness, what's happening is simply a consequence of capitalism. What really irks me are those who are willing to take a dividend when times are good, but who then go crying to the government as soon as things take a bit of a downturn. For heaven's sake: investors should live or die by their investment.

    Scouse.

  4. Witholding material facts constitutes deception and in such a situation, the visa holder can be treated as an illegal entrant and removed from the UK. Likewise, rather than treating the visa holder as an illegal entrant, his/her name can be circulated on the immigration computer and the next time s/he enters the UK the immigration officer can refuse entry. However, it is "better" if s/he is treated as an illegal entrant as this does not attract a right of appeal before removal.

    That's the theory: what happens in practice may be a different matter.

    Scouse.

  5. The son needs to apply for a settlement visa which, if issued, will be valid until the same date as your wife's. When your wife applies for indefinite leave, she may then include the son on her application at no extra cost.

    The requirements for a settlement visa for the child are pretty much the same as for a spouse, with the exception that your wife will have to demonstrate that she has retained sole responsibility for the child. This is not simply a question of having custody, but one of whether she continues to provide the direction and control in the child's life, albeit from afar.

    Scouse.

  6. Why is it a risk? I'm simply citing the law, rather than some visceral inclination.

    Quite unequivocally, the Immigration Rules (para 284) state that an individual who was granted permission to enter the UK for in excess of 6 months may, following his/her marriage, make an application for permission to stay longer from within the UK.

    That's not an opinion: that's a legal fact.

    Scouse.

  7. Your pedantry is well warranted as, at least in UK law, there is a distinction between being deported, removed, and asked to leave.

    However, most lay immigration folk will, understandably, use the term "deported" for any one of the three foregoing options, but in this instance we just don't know the precise circumstances.

    Scouse.

  8. You can marry your girlfriend in the UK but she will need to leave after her student visa has or is about to expire to gain the necessary spouse visa in BKK...

    That's a bold statement.

    The reality is that if the OP's girlfriend's visa was for in excess of six months and she has married before the expiration of that permission to stay, she can then legitimately seek an extension on the basis of the marriage without having to leave the UK.

    Scouse.

  9. As the rules currently stand, you girlfriend can re-enter the UK in order to resume her studies and then apply for a certificate of approval to marry. Ideally, she should have entered the UK with a visa valid for in excess of 6 months and to have at least three months of its validity remaining. However, the whole certificate of approval process has recently been undermined by a court judgement and such a document may in the future no longer be required.

    Scouse.

  10. I don't think you can blame the Norwegian embassy in this instance. Evidently it was a case of the airline covering their own back. There is no requirement for your wife to have a return ticket, even with a "C" visa but the airline were concerned that if your wife were refused entry for any reason in Oslo, they would have had to carry her back to Thailand at their own expense. What they've done is to use you as their insurance policy by getting you to buy a return ticket.

    Get the Norwegian authorities to confirm to you in writing that your wife was not required to have a return ticket as a condition of entry and then hit the airline with a claim for your money back.

    Scouse.

  11. Also, simply having sole custody of the child is not sufficient to demonstrate sole responsibility, although it is a part of the puzzle.

    Your wife will have to show that whilst she's been in the UK she has continued to provide the direction and control in her children's lives through regular contact, financial support and instructions to their carer on how to take care of them.

    Scouse.

  12. The Wikipedia article on Dutch nationality states:-

    A child born to an unmarried Dutch father and a non-Dutch mother must be acknowledged by the Dutch father before birth, in order for the child to be Dutch at birth. Before 1 April 2003, an acknowledgement could be given after birth.

    If accurate, that would mean, one would think, that your being named on your children's birth certificates would be sufficient for them to have acquired Dutch nationality at birth.

    Scouse.

  13. Yes, the holder of ILR is perfectly entitled to live in the UK as long as they wish. However, the government is considering pushing more people towards naturalisation. If your wife were to naturalise as a British citizen, she could still keep her Thai nationality too. The principal benefit is that she could pick and choose which nationality to present herself as being; for example when travelling to Europe, she could decide to take her British passport and therefore not need a visa, but when returning to Thailand, she could enter on her Thai passport. Also, should you ever go to live permanently in Thailand, your wife, having naturalised as a Brit cit, would not lose that status, whereas she could lose ILR.

    Scouse.

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