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Posted

OK here goes boys, any help or advise would be appreciated.

I've lived in Thailand for the past 14 years and have built up a few businesses that are all going well. (33 years old now)

I'm married to a Thai, all legal and proper down the Ampur office, on paper we've been married for 3 years, but have been together for 7-8 years. We have 2 kids, one 6 and one 2 years old.

For our own reasons me and the missus want to relocate to the UK, I have business interests there which I'll be persuing, and my businesses here will continue to run.

My plan is for me to live in the UK with my wife and kids and for myself to return to Thailand for 7-10 days out of every 2 months or so to over see what we've got going on over here.

Basically I want my kids to go to school in the UK, and be brought up there.

My questions:

I don't own property in the UK, and plan to rent for the first 6 months, would that affect the settlement visa application?

Will we need to fill out 3 settlement forms? One for the wife and one each for the kids? 19,500 x3 = Quite a chunk of change!

All my resourses etc are in Thailand, I'd be taking around 30,000 Pounds with us to set things set up there, how do I explain that?

I have no job in the UK, I'm a part owner of a company there which is not much evidence of being able to support myself, any ideas?

Any advice would be appreciated.

Posted
OK here goes boys, any help or advise would be appreciated.

I've lived in Thailand for the past 14 years and have built up a few businesses that are all going well. (33 years old now)

I'm married to a Thai, all legal and proper down the Ampur office, on paper we've been married for 3 years, but have been together for 7-8 years. We have 2 kids, one 6 and one 2 years old.

For our own reasons me and the missus want to relocate to the UK, I have business interests there which I'll be persuing, and my businesses here will continue to run.

My plan is for me to live in the UK with my wife and kids and for myself to return to Thailand for 7-10 days out of every 2 months or so to over see what we've got going on over here.

Basically I want my kids to go to school in the UK, and be brought up there.

My questions:

I don't own property in the UK, and plan to rent for the first 6 months, would that affect the settlement visa application?

Will we need to fill out 3 settlement forms? One for the wife and one each for the kids? 19,500 x3 = Quite a chunk of change!

All my resourses etc are in Thailand, I'd be taking around 30,000 Pounds with us to set things set up there, how do I explain that?

I have no job in the UK, I'm a part owner of a company there which is not much evidence of being able to support myself, any ideas?

Any advice would be appreciated.

FIRST THOUGHT :

Get British citizenship and UK passports for your kids and then no worry about visas for them...many other advantages too.

Posted
OK here goes boys, any help or advise would be appreciated.

I've lived in Thailand for the past 14 years and have built up a few businesses that are all going well. (33 years old now)

I'm married to a Thai, all legal and proper down the Ampur office, on paper we've been married for 3 years, but have been together for 7-8 years. We have 2 kids, one 6 and one 2 years old.

For our own reasons me and the missus want to relocate to the UK, I have business interests there which I'll be persuing, and my businesses here will continue to run.

My plan is for me to live in the UK with my wife and kids and for myself to return to Thailand for 7-10 days out of every 2 months or so to over see what we've got going on over here.

Basically I want my kids to go to school in the UK, and be brought up there.

My questions:

I don't own property in the UK, and plan to rent for the first 6 months, would that affect the settlement visa application?

Will we need to fill out 3 settlement forms? One for the wife and one each for the kids? 19,500 x3 = Quite a chunk of change!

All my resourses etc are in Thailand, I'd be taking around 30,000 Pounds with us to set things set up there, how do I explain that?

I have no job in the UK, I'm a part owner of a company there which is not much evidence of being able to support myself, any ideas?

Any advice would be appreciated.

I would PM Scouser. He is over in UK and is knowledgable about these things

Posted
Will we need to fill out 3 settlement forms? One for the wife and one each for the kids? 19,500 x3 = Quite a chunk of change!

Only on this point, if your second child is two, and you were married at the time of her birth, then I believe she qualifies for a British PP automatically.

As for the older child, although the rules were changed recently for children born out of wedlock, I don't believe they were retrospectively applied so you may be out of luck in getting automatic citizenship for them. Though there is a longer process which can take about a year, where citizenship can be conferred. I'm sure scouse will know.

Posted
Will we need to fill out 3 settlement forms? One for the wife and one each for the kids? 19,500 x3 = Quite a chunk of change!

Only on this point, if your second child is two, and you were married at the time of her birth, then I believe she qualifies for a British PP automatically.

As for the older child, although the rules were changed recently for children born out of wedlock, I don't believe they were retrospectively applied so you may be out of luck in getting automatic citizenship for them. Though there is a longer process which can take about a year, where citizenship can be conferred. I'm sure scouse will know.

May I respectfully repeat advice of earlier posting on this thread.

Obtain ( as you will) UK citizenship for BOTH your children and with it comes (automatically) British passports.

Posted (edited)
Will we need to fill out 3 settlement forms? One for the wife and one each for the kids? 19,500 x3 = Quite a chunk of change!

Only on this point, if your second child is two, and you were married at the time of her birth, then I believe she qualifies for a British PP automatically.

As for the older child, although the rules were changed recently for children born out of wedlock, I don't believe they were retrospectively applied so you may be out of luck in getting automatic citizenship for them. Though there is a longer process which can take about a year, where citizenship can be conferred. I'm sure scouse will know.

May I respectfully repeat the advice given prior to the above posting.

Apply for ( and you WILL obtain ) UK citizenship for both your children . Thereafter they can get their British passports. Experience shows applications made in the UK are dealt with more quickly and the fee lower than doing the same at the Embassy.

The only problem is that they are 'supposed' to be present in the UK when the application was made as the passport application form was changed about two years ago to say this. No check however is made and a friend obtained his child's UK passport through a Post Office whilst the kids were in Thailand. Naughty but not really criminal

Edited by topfield
Posted
Will we need to fill out 3 settlement forms? One for the wife and one each for the kids? 19,500 x3 = Quite a chunk of change!

Only on this point, if your second child is two, and you were married at the time of her birth, then I believe she qualifies for a British PP automatically.

As for the older child, although the rules were changed recently for children born out of wedlock, I don't believe they were retrospectively applied so you may be out of luck in getting automatic citizenship for them. Though there is a longer process which can take about a year, where citizenship can be conferred. I'm sure scouse will know.

Your domicile at the time of your subsequent marriage to your first child's mother may have legitimated your older child (s47) making you the father (s50(9)) for the purposes of the British Nationality Act 1981. UK citizenship by descent for both children may also follow automatically if s2 is satisfied.

Posted
Will we need to fill out 3 settlement forms? One for the wife and one each for the kids? 19,500 x3 = Quite a chunk of change!

Only on this point, if your second child is two, and you were married at the time of her birth, then I believe she qualifies for a British PP automatically.

As for the older child, although the rules were changed recently for children born out of wedlock, I don't believe they were retrospectively applied so you may be out of luck in getting automatic citizenship for them. Though there is a longer process which can take about a year, where citizenship can be conferred. I'm sure scouse will know.

Your domicile at the time of your subsequent marriage to your first child's mother may have legitimated your older child (s47) making you the father (s50(9)) for the purposes of the British Nationality Act 1981. UK citizenship by descent for both children may also follow automatically if s2 is satisfied.

REPLY :

For the third and FINAL time : legitimate, illigitimate , (biligitimate ! ) the kids will receive their citizenship on account of the father being British. Does one have to upload and display here actual British Citizenship Registration Certificates to show as proof ?

Incredible how sceptical certain people can be.... but I suppose that's human nature and to be expected.

Posted

Topfield, why do you continue to post out of date, ill informed and just plain erroneus crap when time and time again more knowledgeable posters, especially Scouse, show you to be wrong?

Posted

Topfield,

Why should Terdsak's kids have to register as British citizens when they may automatically be so through the simple dint of having been born? There is then no prolonged delay and the cost is less, as one solely has to apply for the passports. Registration through the Home Office is for those who may have a connection to the UK, but have no automatic qualification for British citizenship.

Terdsak,

On the assumption that you were born in the UK, and are therefore British otherwise than by descent, your second child will receive a British passport upon production of the relevant documents at the British embassy. As Vinny said, in respect of the older child, a domicile questionnaire may have to be first completed. If you want your children to travel on their Thai passports, a visa fee is payable for each applicant; i.e. 3 x 19,500 baht.

That you will rent a property for the first 6 months is perfectly acceptable evidence of accommodation, although, if possible, I'd arrange the lease prior to applying for the visas, as the tenancy agreement can then be presented as supporting evidence with the application.

With regard to the other circumstances, I'd just explain in a covering letter what you have explained here, and supply evidence of your business interests in both Thailand and the UK, in addition to proof of your available funds.

Ultimately, you have a long-established relationship with two kids, so it is going to be difficult for the visas to be refused.

Scouse.

Posted
Topfield,

Why should Terdsak's kids have to register as British citizens when they may automatically be so through the simple dint of having been born? There is then no prolonged delay and the cost is less, as one solely has to apply for the passports. Registration through the Home Office is for those who may have a connection to the UK, but have no automatic qualification for British citizenship.

Terdsak,

On the assumption that you were born in the UK, and are therefore British otherwise than by descent, your second child will receive a British passport upon production of the relevant documents at the British embassy. As Vinny said, in respect of the older child, a domicile questionnaire may have to be first completed. If you want your children to travel on their Thai passports, a visa fee is payable for each applicant; i.e. 3 x 19,500 baht.

That you will rent a property for the first 6 months is perfectly acceptable evidence of accommodation, although, if possible, I'd arrange the lease prior to applying for the visas, as the tenancy agreement can then be presented as supporting evidence with the application.

With regard to the other circumstances, I'd just explain in a covering letter what you have explained here, and supply evidence of your business interests in both Thailand and the UK, in addition to proof of your available funds.

Ultimately, you have a long-established relationship with two kids, so it is going to be difficult for the visas to be refused.

Scouse.

Reply to S. : Because if the man's kids have a British passport and UK citizenship they never need apply for a UK visa again ! Nor for that matter will visas be required for many countries by the children.

You are absolutely right...no automatic grant of citizenship through the father...it is discretionary in many cases.. This is where experience comes in and readers should know that there is in practice now no longer any sex discrimination whereby in the past the right of UK citizenship was only passed on through the mother. Now a British father can get citizenship for his young kids where the mother is Thai and unmarried yet living as a family.. Things could change in the future with a Conservative government so I advise...strike while the iron is hot and the opportunity is there.

PS abode in Liverpool noted. Coincidentally that is exactly where the relevant Nationality Dpt is situated and decisions made !

Posted (edited)

I feel sorry for new posters when Topfield intervenes. On other threads he claims to be a solicitor and seems to know a lot of friends who have all done naughty things to get visas, which he likes to tell tales on!!!

Shouldn't his posts be given a public health warning? Or maybe have him banned from this forum, which otherwise provides so much invaluable help to those who need it - me included a little while ago.

I think Topfield would have been a real pain if he'd been around when I was seeking help.

Apologies to the OP, but Scouse now seems to have dealt with your queries.

Edited by Ollie
Posted
Shouldn't his posts be given a public health warning? Or maybe have him banned from this forum, which otherwise provides so much invaluable help to those who need it - me included a little while ago.

I think Topfield would have been a real pain if he'd been around when I was seeking help.

Unfotunately, banning the likes of Toppers will have little effect, he will only re-create himself under another nom-de-plume, he already posts under anther guise already, that is allegedly of course.

Keeping him on line with a name everybody knows, helps the new guys realise who to ignore and who to take heed of.

PITA all the same.

Good Luck

Moss

Posted
I feel sorry for new posters when Topfield intervenes. On other threads he claims to be a solicitor and seems to know a lot of friends who have all done naughty things to get visas, which he likes to tell tales on!!!

Shouldn't his posts be given a public health warning? Or maybe have him banned from this forum, which otherwise provides so much invaluable help to those who need it - me included a little while ago.

I think Topfield would have been a real pain if he'd been around when I was seeking help.

Apologies to the OP, but Scouse now seems to have dealt with your queries.

Thanks for your comments. Whereas I would not agree with them I WOULD DEFEND TO THE DEATH YOUR RIGHT TO MAKE THEM .Thats what freedom of speech is all about.

However I did believe that for the purposes of this forum, the aim is to share knowledge and personal experiences and that the rules as well as prohibiting obscenities also prohibits personalised attacks on individuals who post here and that such postings would be deleted.

Perhaps that is no longer the case ?

Posted
Reply to S. : Because if the man's kids have a British passport and UK citizenship they never need apply for a UK visa again ! Nor for that matter will visas be required for many countries by the children.

You are absolutely right...no automatic grant of citizenship through the father...it is discretionary in many cases.. This is where experience comes in and readers should know that there is in practice now no longer any sex discrimination whereby in the past the right of UK citizenship was only passed on through the mother. Now a British father can get citizenship for his young kids where the mother is Thai and unmarried yet living as a family.. Things could change in the future with a Conservative government so I advise...strike while the iron is hot and the opportunity is there.

PS abode in Liverpool noted. Coincidentally that is exactly where the relevant Nationality Dpt is situated and decisions made !

But, Topfield, you're missing the point. British citizen fathers can pass on their nationality to children born abroad without having to apply to register them as British citizens with the Home Office. Prior to 1/7/06, the father must have been a British citizen other than by descent and to have been married to the mother. Since 1/7/06, the father and mother no longer need to be married; the father solely needs to establish that the child is his.

In the OP's case, he was married to the mother of his second child when s/he was born. On the assumption that the OP is British otherwise than by descent, that child will be automatically British. The first child was born before the OP and his wife were married. However, their subsequent nuptials will have served to legitimise his/her birth, and, in order for this child to be automatically British, the OP only needs to establish that he is domiciled (not the same as resident) in the UK, hence the questionnaire that Vinny mentioned.

If the OP were to apply to the Home Office for registration of his two children as British citizens (by the way, this is not the same as registering the birth), it is likely that the applications would not even be considered because the kids have an automatic entitlement to citizenship. Therefore, to suggest that he pay £200.00 (?) per child to register them, when they probably have a pre-existing underlying entitlement, is absurd.

Scouse.

Posted

Thanks very much Scouse and others for the hints and tips, I'll get cracking on the application, and get my bank draft for 58,500 Baht sorted!!!!

Hopefully they understand the financial side of things.

Looking forward to a move to blighty with the family, but still enjoying the good thins here.

Cheers all.

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