Help with VISA for my wifes child

[nick84]

My thai wife has been living in the UK since 2012 on a leave to remain visa. She has a 9 year old daughter living in Thailand with her family but two of the family members that was mainly taking care her died recently so we are looking to get her over to live with us asap. Ive been looking but im not 100% sure which visa she would need. On her birth certificate my wife is the only partner named so she has sole custody of her.

 

Any help with which visa she needs and helping guidance would be great.

 

Cheers

Nick

[MrTrip]

My thai wife has been living in the UK since 2012 on a leave to remain visa. She has a 9 year old daughter living in Thailand with her family but two of the family members that was mainly taking care her died recently so we are looking to get her over to live with us asap. Ive been looking but im not 100% sure which visa she would need. On her birth certificate my wife is the only partner named so she has sole custody of her.
 
Any help with which visa she needs and helping guidance would be great.
 
Cheers
Nick

Did the same for my wife's son about 10 years ago. From memory my wife applied at Regents House in Bangkok in December and then she went back and collected him in March.
Loads of paperwork required but that's the way for any immigration process I suppose.
Things may have changed since then but I'm sure it's all on line.
Happy to help if you need assistance


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[bobrussell]

These can be very tricky indeed.

You/your wife will have to demonstrate sole responsibility not sole custody.

The birth certificate reduces some of the complexity associated with a father on the scene. It is essential that an explanation is forthcoming as to his whereabouts and parental input. If he has had none then this must be made clear.

You will need to explain why circumstances have changed so much that the child has to join the mother. The longer the period apart the more difficult it is likely to be to show this.

Clearly if the carers have died then you need to prove this and provide evidence that there is no other suitable arrangement for the care of the child in Thailand.

This whole thing has to be as watertight as possible therefore some professional help should be sought IMO. One of the relatively few situations where a good professional advisor can be of real importance.

These are not straight forward although recent deaths in the household clearly changes circumstances.

It is of utmost importance that the welfare of the child is documented as one of the key aspects of the application.

Use a trusted advisor such as the forum sponsor and don't assume anything. It is possible that the child may be contacted and the stories must be consistent.

Certainly can be done but don't assume it will be straight forward, others have found to their cost that small mistakes can have major consequences.

[MrTrip]

These can be very tricky indeed.
You/your wife will have to demonstrate sole responsibility not sole custody.
The birth certificate reduces some of the complexity associated with a father on the scene. It is essential that an explanation is forthcoming as to his whereabouts and parental input. If he has had none then this must be made clear.
You will need to explain why circumstances have changed so much that the child has to join the mother. The longer the period apart the more difficult it is likely to be to show this.
Clearly if the carers have died then you need to prove this and provide evidence that there is no other suitable arrangement for the care of the child in Thailand.
This whole thing has to be as watertight as possible therefore some professional help should be sought IMO. One of the relatively few situations where a good professional advisor can be of real importance.
These are not straight forward although recent deaths in the household clearly changes circumstances.
It is of utmost importance that the welfare of the child is documented as one of the key aspects of the application.
Use a trusted advisor such as the forum sponsor and don't assume anything. It is possible that the child may be contacted and the stories must be consistent.
Certainly can be done but don't assume it will be straight forward, others have found to their cost that small mistakes can have major consequences.

Very accurate Bob, as I was reading through your post i realised how much I'd forgotten.


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[7by7]

@nick84

 

As said, sole custody is not enough, your wife will also need to show that she has been exercising sole responsibility, both before she moved to the UK and since.

 

See SET7.8 What is sole responsibility? (Although that is an archived version of the whole guidance, this aspect hasn't changed.)

 

See also Family visas: apply, extend or switch; 4 Apply as a child.

 

As well as supplying evidence that she has been exercising sole responsibility over her daughter, she should also say in the application why her daughter did not apply at the same time as her in 2012 and what has changed since then to make an application now necessary and/or desirable.