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the scouser

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Posts posted by the scouser

  1. Mark,

    It is a realistic prospect for the entire Thai contingent of your family to move to the UK simultaneously. I'm no family law expert, but my understanding is that you will not be construed to have legal parental responsibility for the kids and this will remain with their mother. You can, however, subsequently seek to adopt the children, but there is no requirement to do so. Again, there is no requirement for the kids to change their surname to yours; amongst other things, you simply have to demonstrate that your wife is their mother.

    Your proposal of accommodation is fine and your income after tax should be at or above the amount your family would notionally receive if you were in receipt of income support which is currently approx. £175.00 pw for a couple and two children. Indeed, once in the UK, you could claim tax credits in respect of your wife and step-children in addition to child benefit just for the kids. You don't need to have been in emplyment in the UK for a prescribed period of time.

    Scouse.

  2. The cost of the visit visa application is £65.00 payable in baht. If the visa section of the embassy decides that no interview is required, then a decision can be expected within a matter of days. I wouldn't artificially inflate her bank account as this will be apparent to the visa officer and will likely lead to refusal of the visa.

    Scouse.

  3. As things stand, the woman can lawfully stay in the UK until her current visa expires but as the relationship has broken down, an application for either an extension or indefinite leave is unlikely to succeed.

    However, if, as you report, she is the victim of domestic violence, she can make an application for indefinite leave now. She will have to demonstrate the DV, though, which will include reporting it to the police and going to hospital to have any injuries documented.

    Scouse.

  4. I don't see why not.

    Two weeks is a reasonable duration of visit, you are in a long term relationship, have a child, and I presume you have employment to which to return in Thailand. You will need to submit evidence of your/your family's ability to maintain and accommodate you all during the trip in addition to evidence of your relationship and a covering letter which explains the circumstances of the trip.

    Scouse.

  5. Sorry I've not responded previously, but I've been away for a few days.

    The first thing to do is to ensure that you get the appeal form lodged within the 28 days. It will take 7-8 months for the appeal to be heard, but once the form is in, the process will begin.

    Once you've got the appeal form lodged, you can then consider your other options. You could either submit representations to the UK Border Agency stating why you believe the decision to be flawed and asking that the decision be overturned, or you could submit a new application, again addressing the reasons for refusal of the initial application. If the worst comes to the worst, and neither ot these options is successful, you will still have the appeal as a fallback.

    Scouse.

  6. If your g/f wishes to pay for the trip herself, she has to demonstrate that she has the ability to do so. If she's to stay with you, you need to show that you can provide a roof over her head. The visa officer will also expect to see that the relationship is genuine and subsisting, so you will need to provide evidence of your relationship, e.g. letters, e-mails, greetings cards, telephone bills, etc.: basically anything that demonstrates the two of you to be together and to have been for the length of time you claim. It is a visit visa for which your g/f will apply.

    Scouse.

  7. Don't purchase a ticket prior to the visa being issued because if the visa is refused the ticket money might not be refunded.

    If your girlfriend wishes to pay for the trip herself, that's fine, and she will have to demonstrate her ability to do so: evidence of her employment, income, and savings. However, the point is that she must declare that she knows you, as failure to do so constitutes lying. Should she be found out, there's no way on earth she'd ever get a visa in the foreseeable future.

    I really don't see what the big problem is about saying that she's visiting you. Indeed, if she were to simply present herself as wanting to visit the UK for 2 weeks to see Big Ben, Buckingham Palace and the Tower of London, she'd be more likely to be refused because the visit would lack a credible purpose. In informing the visa officer of your presence and relationship, the purpose of the visit will be more believable.

    Scouse.

  8. I presume that your g/f has some form of residence permit and work authority for Hong Kong, in which case she can apply at the Consulate-General there, although she will need to complete an on-line form and book an appointment for the submission of documents.

    Failing to mention you in the application could be construed as failure to declare a material fact. Indeed, the application form specifically asks the visa applicant whether they know anyone in the UK: to tick "no" would be a downright lie and could lead to your g/f's visa being refused without further consideration.

    Two weeks is a reasonable length of time for which to visit and this will enhance your g/f's credibility. Furthermore, as she is in employment in Hong Kong, she should be able to substantiate this, which is a positive indication by itself that she intends to leave the UK at the end of her holiday. In addition to evidence of your/your g/f's ability to pay for the trip, you will need to show that you have somewhere for her to stay in the UK and also provide evidence of your relationship.

    Scouse.

  9. The appeal process will take 7-8 months.

    Your partner's cousin might consider collating the evidence of accommodation and submitting representations to the embassy, asking that in the light of the new evidence the decision to refuse is overturned. She should still submit the appeal, though, as a fall back.

    The cousin has to demonstrate that their is adequate accommodation available in the UK. This may be an offer from a third party, but she will need to show that there is at least one room available for the sole use of her and her husband. The child will also be factor, but for the purposes of calculating overcrowding, only counts as a half. They will require evidence that the property owner is content for them to stay there, evidence of their ownership, evidence and, if possible, a copy of the deeds from the land registry website. If the property is rented, the tenancy agreement should be submitted in addition to a letter from the landlord which confirms that he is content for the cousin, her husband, and child, when born, to live there.

    Scouse.

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