the scouser

That a holder of indefinite leave must be intending to settle/resume settlement in the UK has been a condition of the Immigration Rules for as long as I can remember, and I became an immigration officer in 1989. The rules state verbatim:-

18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:

(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and

(ii) has not been away from the United Kingdom for more than 2 years; and

(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and

(iv) now seeks admission for the purpose of settlement.

As you note, the immigration officer on arrival will only know the answer if he asks the question. It may well be that he simply espies the ILR in your wife's passport and lets her in without a mutter. However, if she were to make an application to either the embassy ot the Border Agency, she would have to complete and sign a form in which she declares that she is settled in the U.K.

Scouse.

That the ILR vignette is in the old passport is of no consequence: your wife may simply carry both the old and the new. In terms of having indefinite leave endorsed in the new passport, your wife may apply either to the embassy in Bangkok for a returning resident visa or, once in the UK, to the Border Agency. A fee is payable for both options.

However, be aware that each time your wife enters the UK and presents herself as having indefinite leave, the Immigration Rules dictate that it should be for the purposes of settlement. As on this occasion she will be only visiting, if this were known to the immigration officer at the UK airport he could effectively withdraw the indefinite leave and admit her as a visitor. Thereafter, she would need to obtain visas from the embassy in Bangkok to visit the UK.

Scouse.

As I understand the process, you may directly approach individual schools but they may decline to accept the children. In this day and age with school league tables, they are more likely to raise an objection to taking kids who speak little English as this will have a bearing on the school's perceived standing. However, if no school will accept the kids, you then go to the LEA which will direct a school to take them. Whether or not a school will place the children on the role prior to their entry to the U.K., I don't know.

Scouse.

Whether your wife will be considered to have sole responsibility for her daughter will largely depend upon the circumstances of her daughter's current living arrangements. With whom does she live, who currently financially supports her, who's responsible for arranging schooling, medical treatment etc.? If the answer to all three is your wife, then it is likely that your wife will be perceived to have sole responsibility. If not, then the waters might be a bit muddied.

Scouse.

You will still need to show that you can pay for the proposed trip to France and that you and your g/f are in a relationship. If you wait until she has her 1-year student status in the UK, she should be able to make the application at the French embassy in the UK.

If you do a google for "french embassy thailand" or "french embassy UK" and then follow your nose, you should find the definitive answers.

Scouse.

It's not the British embassy that requires a document to allow the child out of Thailand, but, potentially, the Thai authorities.

For the purposes of the visa application, the embassy will generally accept an assertion that the biological father has never made a contribution to the child's life, either financially or emotionally, and the Por Kor 14 will help demonstrate this. However, the Por Kor 14 is not, per se, evidence that your wife has sole responsibility for her child, which is a factor in the consideration of most child settlement visa applications.

Scouse.

You really just have to explain the situation as it is and see their response. In my experience, they either want an invitation from a host in the Schengen country or a confirmed itinerary. If you don't have the former, then a spontaneous trip to Schengen-land is effectively ruled out.

Scouse.

I don't know a lot about German immigration law, but it may be that the visa officer does not believe that your fiancée would only visit Germany when you have already indicated an intention to marry.

Scouse.

The embassy should accept at face value your assertion that your mother is who you say she is.

I routinely send documents to Thailand by Royal Mail "International Signed For" and, touch wood, have never had a package go missing. The average delivery time is 5-7 days depending upon whether the address in Thailand is in an urban or rural location. Alternatively, you can use a courier: these tend to be quicker but more expensive. Sending a package through DHL, for example, and if booked on-line through their "DHL It Now" facility, is approximately £43.00 for a weight of up to 500 gms.

Scouse.

Another application may be submitted without having to go to appeal, but it should address any of the reasons for refusal, pretty much as you've set out here. I would advise against loading your cousin's bank account as that this has occurred will be apparent to the visa officer. Instead, reinforce with a covering letter the evidence of support from the family and, if possible, provide evidence that other family members who have visited have returned to their home countries.

Scouse.

There is no fixed amount which is required to demonstrate that your g/f can be supported: it's more of a sense that paying for your g/f's trip won't place your parents in financial hardship. Your parents will have to show that they can live up to their offer of sponsorship by providing their wage slips, bank statements and evidence of savings.

Scouse.

Yes, by all means arrange a rental contract before you arrive in the UK and a firm job offer is better than none. You may present your savings as evidence of your ability to support yourselves until such a time as you start work.

Scouse.

There are certain qualification criterion....

Qualifying criteria?

Anyway, with regard to maintenance, the criterion is to show that you have/will have adequate funds from your own resources to support the family unit. You do not need to have employment lined up for your arrival, but to demonstrate either that you will be able to easily find a job or that you have enogh dough in savings/property etc. If you are a proper lecturer in Thailand, then I would think you'll be able to find employment easily enough in the UK.

There is nothing wrong, per se, with your mother offering accommodation, but make sure, as Vinny commented, that the house is not construed to be overcrowded.

Scouse.

Moved to the Thai visas and residency sub-forum.

Scouse.

It will still come down to the requirements of the Immigration Rules, i.e.:

1. Can the person who's paying for the trip manifest his/her ability to do so;

2. Is there accommodation available for the visa applicant;

3. Can the visa applicant show that s/he intends to leave the UK at the end of the proposed stay?

Essentially, the cousin has to show that she and your wife are in close, continuous contact and that she has a reason to return to Thailand.

Scouse.

Well done, Raith. All the best to you both.

Scouse.

Not me, but the college

But, yes, that's about right, plus a bit more just in case.

Scouse.

Yes, perfectly feasible buit, obviously, the applicant would have to fulfil the requirements of the Immigration Rules.

It should be noted that, amongst other things, it has to be demonstrated that the applicant can meet the cost of tuition fees and maintenance without having to work.

Scouse.

It's not really feasible to give cogent advice without seeing the refusal notices, interview records and the documents which were submitted in support of the applications. However, on the understanding that the course upon which your girlfriend is enrolled is for longer than 6 months, she should have been given a right of appeal. The appeal notice should be submitted within 28 days but is unlikely to be heard for another 7-8 months.

You can consider submitting representations asking that the decision be overturned, but you are going to have to individually address the ECO's reasons for refusal and demonstrate that the decision was so flawed as to be unsustainable.

Scouse.

Moved to the Thai visas and residency sub-forum.

Scouse.

Your wife has two options:-

1. Present both the old and new passports at check in/immigration.

2. Apply to the embassy for a returning resident visa, although they will charge for this and it is not strictly necessary.

Scouse.

If the application is straightforward and is decided upon the paperwork, a decision can generally be expected within a working week of the application being made. If an interview is deemed appropriate, it will depend upon how long the interview queue is at that point.

Scouse.

If I did make a future claim for tax credits until my wife finds work, will it effect my wifes future I L R application?

Simple answer: no.

Scouse.

No, it doesn't matter what benefits your mother receives, it is your and your wife's income that matters. You may need to demonstrate, though, that your mother's place is big enough to house you all. However, you might have your own pad by then.

Scouse.

In terms of maintenance, the general rule of thumb is that your income should be at or above the rate you would otherwise receive if you were in receipt of income support. For a married couple, that's currently about £93.00 per week. Your income would therefore appear to meet this benchmark.

Scouse.