the scouser

Not as far as I'm aware. The marriage will have probably legitimised the birth.

There should no trouible taking your son to the UK on an Irish passport. However, from my limited understanding of parental responsibility, you should be able to demonstrate that you are/were married to your son's mother. If the child was born illegitimately, you would not be construed to have parental responsibility for him and would have to consider applying for a Residence Order once in the UK. Without this, you could not legally consent to your child receiving medical treatment etc.

Scouse.

This seams to be more or less the procedure, but anyone going down this road is much better off doing their homework about the European laws before going to the embassy...

Alternatively, they can always instruct a reputable immigration adviser

Scouse.

As the rules currently stand, she should either be enrolled on a course or show that she is likely to enrol on a suitable course once in the UK. She doesn't need a sponsor, per se, but needs to show that she can meet the cost of her studies plus her maintenance and accommodation. She additionally has to demonstrate that she intends to leave the UK at the end of her studies, so evidence of a job to return to in Thailand would be handy.

When the points-based scheme is introduced, a lot of the responsibility for accepting students will be placed on the universities. They will essentially have to obtain a sponsorship licence in order to accept foreign students. They will have to show that they meet certain compliance standards etc. and will be expected to inform the UKBA if a student either fails to enrol or stops attending.

Scouse.

If US law is anything like UK law, your lawyer is probably right and you are not considered to be divorced.

Member Yorkieb's experiences.

Scouse.

For the background to the directive read:-

http://en.wikipedia.org/wiki/Right_to_move

I'm aware that Norway is not a full member of the EU, but the directive encompasses all EEA member states.

Scouse.

Hans,

I can't respond in any detail at the moment as I'm rather busy.

However, as a starting point, you should make an application at the Norwegian embassy in Bangkok for a free entry visa for your wife. You need to demonstrate that you are a citizen of an EEA country and that you and your wife are married. They may expect your marriage certificate, if in Thai, to be translated to either English or Norwegian and legalised by the Thai Ministry of Foreign Affairs.

For more information read directive 2004/38/EC

Scouse.

Rob,

The kids will need to pay for their visas, come whatever, at a total cost of £1030. On the assumption that they get the visas, they will get the same status as their mum. Once the children are in the UK and if your wife will still be on her probationary 2 years at that point, when she applies to either extend her leave or obtain ILR, the kids can be added to her UK application free of charge.

Scouse.

It depends upon the reasons. If they decline to issue a 2-year visa simply becuas ethey feel the length of visa is inappropriate, they can just issue a one-year or six-month visa instead. However, if they refuse the application based on a perceived lack of qualification, that's it: the application is refused.

However, as your wife has had a number of visit visas now and has complied with them all, she shouldn't have much trouble getting a visit visa of longer validity.

Scouse.

HI Hans,

That sounds about right to me.

Under European law you have the freedom of movement to go and work in Norway and that is automatically extended to your family members, irrespective of their nationality. Your wife's visa should have been issued free of charge and, once in Norway, she can apply for a residence card from the local authorities free of charge. This has to be issued within 6 months of application. Alternatively, your wife can simply not apply for the residence card and just stay in Norway. This is quite lawful. If she has to travel and wishes to return to Norway, she can simply obtain a new visa free of charge.

Scouse.

THanks, Rob: tip me the wink when you're ready and your new information can be added accordingly.

In relation to your step-children, be aware that they each must make a visa application, with the cost implications that go with that; i.e. their visa applications will cost a combined total of £1030.00. However, if your wife will have indefinite leave by then, no further applications to the UKBA will be mandatory. Even if she doesn't, the kids can be added to her ILR application as dependants at no further cost.

The only questions I would have are:-

1. Who currently looks after the children?

2. Where is their father?

3. Who provides for the children financially?

4. What evidence of contact with the kids does your wife have?

5. Does she have any evidence that although the children are, by necessity, cared for by another in day-to-day terms, she still provides the direction and control in their lives?

Scouse.

Rob,

The children will gain the same immigration status as your wife. If she is still on the probationary 2 years, then their status will be in line with that and if she has either indefinite leave or British citizenship, the children will be given indefinite leave. They will not automatically derive British citizenship from your wife even if she has naturalised by that point. After they've spent approx 5 years in the UK, they can think about registration as British citizens unless, of course, by that time they will have attained the age of 18 in which case they will have to naturalise and pass the Life in the UK test.

Scouse.

If your wife is not going to be predominantly in the UK, I wouldn't apply for a settlement visa. Instead, she may choose to apply for a two-year visit visa. However, this does not mean that she can visit for a continuous two years in one hit. She would still only be able to stay a maximum of six months at a time, but you would not need to get a new visa every six months. Ideally, the two-year visit visa is intended for those who wish to make frequent short trips to the UK.

Scouse.

If you've been in the UK within the last 2 years and your wife and step-son were then admitted as returning residents, their ILR will still be valid as they won't have been outside of the UK for more than 2 years. However, I would caution you that those who seek to enter as returning residents should be intending to settle in the UK.

Scouse.

If you don't get married, the fiancé(e) either has to leave the UK or apply for an extension providing an acceptable reason why the marriage did not take place.

Scouse.

To have her own account, she'll need to produce her passport and one acceptable item of proof of address (e.g. a utility bill) in her name.

Scouse.

Whichever way you play it, if your step-son has spent more than 2 years outside of the UK, he will require a visa. It's simply a matter of which one: visit or returning resident.

He can apply for a returning resident visa at the British embassy in Bangkok and you can plead your case that he's maintained close ties to the UK, but I think it's going to take a lot more than simply having a British step-father. Indeed, one of the criteria of a returning resident visa is that the applicant will be returning to the UK to settle, which is evidently not the case here.

I'd save the £205.00 application fee and apply instead for a visit visa.

Scouse.

Your girlfriend should apply for the visa that best suits her purpose: if she only intends to visit at this point, then a visit visa.

The letter of employment should be a true relection of her work. I would strongly caution against obtaining a letter which misrepresents the truth of the matter as, should the embassy find out, your g/f could be effectively barred from having a visa issued for 10 years. You will additionally need more compelling evidence of contact than just photographs. I would suggest evidence of e-mails, phone calls, letters, greetings cards, messenger records etc.

Scouse.

There is no legal requirement that says a visitor can only stay in the UK for 6 months of any 12: it's a guideline more than anything else.

That your wife has already visited the UK and has complied with the conditions of her stay will stand her in very good stead providing that circumstances have not otherwise materially altered.

Scouse.

If a husband and wife both married outside the UK and have continued to live outside for 4 or more years, the spouse who needs a visa can apply for a settlement visa which would grant indefinite leave. However, such an applicant still needs to demonstrate knowledge of English and citizenship for an application to be successful, the courses for which are only available in the UK.

Scouse.

See the relevant page of the VFS webiste:-

http://www.vfs-uk-th.com/designated-areas.aspx

Scouse.

I can't really say what the outcome will be without having had sight of the papers. However, certainly your overstay should in theory be of little consequence providing that you can show that you meet the requirements of the unmarried partner rules.

Scouse.

The length of the interview will largely depend upon the circumstances of the case and the nature of the questions asked by the visa officer, although they will have other interviews to conduct, so they're not going to spend overly long "grilling" you. Given the facts you've mentioned above, the interview is likely to focus on why you overstayed, what you did during those nine years and the strength and depth of your relationship with your partner.

You should be covered by the concession, although the more stringent rules should not apply to your application anyway as settlement applications are excluded. The ECO might try to suggest that you';ve deliberately sought to frustrate the purpose of the Immigration Rules but that is a discretionary ground for refusal and their own instructions say that where someone otherwise meets the requirements of the principal paragraph under which they are applying, they should not be refused solely on discretionary grounds.

Scouse.

Your wife can contribute to a pension scheme.

One of the requirements of obtaining indefinite leave is to have passed either the Life in the UK test or taken an ESOL with Citizenship course. With regard to the latter, she must be able to demonstrate that:-

1. She's passed the exam;

2. She's progressed one stage; and

3. It was taught in a citizenship context.

The NI contributions your wife makes not only go towards payment of benefits, but also towards NHS medical treatment which she can receive if necessary. Additionally, that she is paying NI means that she will accrue a state pension. Also, it is only public funds she is intially unable to claim and not every benefit is considered to be a public fund. As your wife will have paid NI, if she finds herself unemployed, she will be entitled (depending upon qualification) to contributory benefits such as Job Seekers Allowance.

Scouse.

What sort of visa would she be applying for, Jason? I presume it would be a settlement visa. If so, have a search of this sub-forum and you will find many threads detailing the process.

Scouse.