the scouser

No, not for the purposes of obtaining further leave to remain. Providing that your wife returns to the UK before her current visa expires, you are still married, and there continues to be sufficient maintenance and accommodation, she should be re-admitted and she can then simply make an application for an extension for another two years.

Scouse.

It's really a question of Dutch nationality law. From what you've written, it sounds to me as though the Dutch authorities recognise legitimate children of the father, but as your two were born before your marriage, they will not necessarily have an automatic entitlement to Dutch citizenship.

Scouse.

In order for your wife to get a free visa, you have to be travelling with her. If she goes alone, she will have to pay for her visa application.

I wouldn't take the previous poster's advice as Thais require visas for Ireland and to enter without one would mean that your wife would be there illegally.

Scouse.

Neither of the two companies you have cited is recognised as being proficient. Indeed, if they are operating from the UK as claimed, they may be committing a criminal offence. I wouldn't touch them with a barge pole.

Scouse.

I don't believe that Spain recognises unmarried partnerships. On that understanding, your other half and her child won't benefit from any Treaty rights.

Scouse.

Well done, Jaylord. A single ticket will be fine.

Scouse.

Do you think i should apply for his citizenship now rather then after the interview?

Yes.

Scouse.

As a previous poster mentioned, that the land document has only recently been put in your boyfriend's name might strike the visa officer as being a means to an end; i.e. the transfer has only been made for the purposes of bolstering his visa application. Furthermore, if he gets a letter from his employer, this should stipulate how long he has worked there, what job he does, how much he is paid, and the date upon which he is expected to resume work. Such a letter can be a double-edged sword as if it strikes the visa officer that the job is of a casual nature, he may draw a negative inference from that.

What you really need is evidence of your relationship which covers its entire duration and, if possible, any documentation which shows that you do intend to travel out to Thailand next year in order to take a TEFL course.

Scouse.

Unfortunately, it's not necessarily a simple matter of filling in the form and supplying supporting documentation. There are various legal issues which need to be addressed before your wife's interview.

The visa officer is, I would suggest, looking to refuse the application based on your previous marriage and your wife's overstay. He must think all his Christmases have come at once because you're presenting your son as Vietnamese rather than British.

Scouse.

To be honest, I think you'd be better asking the solicitor to write the letter for you, even if he does charge for it.

Scouse.

If you have already engaged a solicitor, you should stick to the guidance he gives you, otherwise you may just get conflicting advice which will leave you even more confused. However, if you are named on your son's birth certificate, the chances are that he will have automatically acquired British citizenship at birth. The embassy visa section is unlikely to refund your money in relation to his settlement visa application, but you can still apply to the embassy consular section on his behalf for a British passport.

Scouse.

The visa section does appear to take a dim view of those who have been involved in another recent relationship, and they may well argue that as the first relationship broke down so rapidly, they can't be satisfied that the second will be any more successful, with the corollary that they don't accept that the couple intends to live together permanently. Of course, that one relationship has broken down cannot be extrapolated to subsequent liaisons, but that does not necessarily cut any ice with the visa officer.

I can't predict with any degree of certainty what conclusion the visa officer will reach as ultimately it will depend upon the full facts of the case, but your pal should be prepared for the worst and he may have to pursue the matter all the way to appeal.

Scouse.

Yes, but just so there's no confusion, I'm talking about those who have made the application and have been invited to attend the embassy for interview, and I'm not classing actually submitting the application as an interview.

Scouse.

Ah well, that does put another spin upon things as, evidently, in addition to your second marriage in quick succession, the visa officer will also be focussing upon your wife's period of overstay and he can potentially seek to refuse the application on the basis that she has previously deliberately contrived to frustrate the purposes of the Immigration Rules. However, this is a discretionary ground and the visa officer should not use it in isolation; i.e. if your wife can demonstrate that she meets the requirements of the paragraph of the Rules under which she is applying (in this case 281), the visa officer should not refuse her for having overstayed. Additionally, there are human rights issues because of the existence of your son.

To be honest, and I'm not in the business of compelling people to use representatives for the sake of it, your wife's case is of such a complex nature, hers is an instance in which the use of one may have been advisable.

Scouse.

"sufficient proof that they will return"

If this is a verbatim quote from the relevant US legislation, it could be where the problem lies.

In the use of the word "proof" the highest evidential threshold is being imposed. The UK, for example, uses the lower civil threshold in which a statement "only" has to be shown to be likely or probable, rather than proven.

Scouse.

...I know that I have to show the last 6 months of bank statements.

Not strictly true. The visa officer might ask to see such, but the submission of your last six months' bank statements is not a requirement of the Immigration Rules. Providing you can demonstrate by means of any evidence which attains the balance of probabilities that you and your wife can maintain yourselves without recourse to public funds, that particular criterion of the Rules should be satisfied.

Scouse.

Your child's birth certificate is prima facie evidence of his existence and that your wife and you are the parents. As such, further corroboration is not needed. Likewise, you cannot be expected to follow the movements of your ex-wife once the relationship broke down, so should explain this to the visa officer by means of a letter which your wife can supply at her interview.

That said, the visa officer's strategy stands out like a sore thumb. He is evidently looking to challenge the genuine nature of your relationship on the basis that this is your second marriage to a non-British national in swift succession. However, that you have a child together puts a bit of a spanner in the works of his master plan, so he might also be seeking to deny that you are the father of the child. For him to attempt to do so in the face of a birth certificate which names you as the father would be egregious and worthy of complaint. You should also add to your letter the reasons why your current relationship is genuine and explain that the failure of one marriage cannot be extrapolated to subsequent unions.

Scouse.

Topic title changed.

Scouse.

Typically, UK visit visas allow multiple entries.

Scouse.

It means that her visa application has been considered and that the documents are ready for collection at the visa application centre. She will find out whether it's been either granted or refused upon opening the envelope.

Scouse.

She should be told there and then whether the visa has been issued or refused. A decision could be deferred if further enquiries are deemed necessary, but such cases are few and far between.

Scouse.

It's better to apply for the settlement visa beforehand as a visitor, generally speaking, can't seek to extend their stay beyond the six months in any capacity. The Immigration Rules do not specify that you have to have had a demonstrable emplyment status for a prescribed period of time; they simply require that you and your wife can show at the time of application that you can support yourselves in the UK and that this is likely to remain so. You don't need to have savings, but to show that your income is adequate for the purposes of taking care of yourselves.

Scouse.

Do we have to provide all the same paperwork again?

You should update the information you submitted last time and re-submit anything that is fundamental to the application, e.g. your marriage certificate.

Has the application form itself changed?

VAF4.

We were married in the UK in January 2005.... Does any of this offer any advantage towards the application?

Not per se, but that you have been married for three-and-a-half years, have a child, and that your wife has previously successfully obtained a settlement visa, are all plus points.

How much does the application cost now?

£515.00 payable in baht: currently 36050.

Is it better to send the application in advance and await an interview date or simply apply in person at the Embassy in Bangkok?

All applications have to be handed in in-person at the visa application centre in Bangkok. Your wife will need to give her biometric details as part of the process. If an interview is required, she will be given a date and time to attend the embassy.

My wife was tested in 2006 for TB prior to the last application, would she need another test?

Yes.

It's pretty much at the visa officer's discretion. They generally like to see a positive immigration history with 2/3 visits already under the belt. However, you can make your case in a covering letter, just as you've explained in this thread.

Scouse.

Any application for indefinite leave should include as much evidence as possible of the claimed domestic violence. This could be from the police records, including the details of any charge brought against the husband, and medical evidence of any injuries she has sustained.

She'll need a solicitor to initiate divorce proceedings and perhaps apply for an interim maintenance order. Depending upon how much she earns, she might qualify for legal aid.

Scouse.