UK visitor visa for my thai stepson.

[Paul moring]

Hi all

My wife and I would very much like to bring my thai step son over to the UK,  for 6 weeks next year during his school summer holidays. He is 14 years old and his half brother and sister live in the UK with me and his mum. We meet the financial requirements and the living requirements to be able to sponsor him whilst he is here , however on 2 separate occasions he has been refused the right to come and live with us here in the UK.  We have given up on this ever being possible but would very much like him to be able to visit us and spend time with his brother and sister on such occasions that schooling permits.  My question really is , is it likely that his holiday visa will also be refused on the grounds that we have applied and been refused twice for a settlement visa. I really don't want to get his hopes up again if it is going to be virtually impossible to get a holiday visa , on the grounds of the previous rejection. Any help or advice would be massively appreciated. Thank you in advance for any responses. 

[howerde]

Given that a settlement visa has been refused 2 times and his mother and half siblings live in uk, convincing the home office that he return to Thailand at the end of his holiday will be difficult,  in this case i would recommend  talking to an OISC registered Immigration adviser sorry cant be much more help than that.

a start  https://www.gov.uk/find-an-immigration-adviser

There is an excellent  visa agent that sponsors thai visa that fits the bill, you should get a free chat first

Edited November 6, 2017 by howerde
add info

[Paul moring]

Thank you for your fast reply I shall look into that. 

[7by7]

I agree that as he has twice been refused a settlement visa to join his mother in the UK satisfying the ECO that he will leave the UK at the end of his visit and not use a visit visa to enter the UK and then remain illegally could be difficult; but not impossible.

 

Sorry to be a pedant, but you say

18 hours ago, Paul moring said:

however on 2 separate occasions he has been refused the right to come and live with us here in the UK. 

He is not a British citizen; so he has no right to live in the UK. He can settle in the UK provided he meets the requirements of the immigration rules relevant to his situation. 

 

A lot depends on why the settlement applications were refused; can you tell us that? Preferably by posting or quoting directly from the actual refusal notices so we can see the ECOs reasoning. (If you do so, remember that this is a public forum so all names and any other identifying information should first be removed.)

 

If we know that, it may even be possible for someone here to advise on how to prepare a successful settlement application for him!

[Paul moring]

Hi there 7by7 , sorry I didn't mean he had some sort of right to live in the UK, poor thought process on my part. Unfortunately I don't have the refusal letter here with me . It's in Thailand with my step sons grandparents.  However on both occasions the visa was refused on the grounds that he basically hadn't spent enough time living with my wife . So sole dependency is hard to prove I guess.  Every other element of the visa seemed to be ok , they basically told us that turning his life upside down to start again in the UK was not good for him as he is settled in Thailand and doing ok in school. 

My son is fourteen now, and is doing relatively well at school. So if I'm honest I don't want to disturb his education now by moving him permanently to the UK.  The disruption of that at such a crucial age could be irreparably. We tried to get him a settlement visa a couple of years ago before he started secondary school.  However I really want him to be able to come to visit us here sometimes , and see how his brother and sister and his mum and dad live . Had I realised that, by applying and being rejected for a settlement visa, could ultimately meen  a lifetime ban from coming to UK, I would have never applied in the first place and would have just used the holiday visas for him to spend a prolonged amount of time with us. 

Thank you in advance for any further advice.  

[7by7]

18 hours ago, Paul moring said:

However on both occasions the visa was refused on the grounds that he basically hadn't spent enough time living with my wife . So sole dependency is hard to prove I guess.

So your wife failed to show that she had sole parental responsibility over him.

 

This can be difficult to show when parent and child have been separated, and the longer the separation the more difficult it is.

 

Of course, during the separation he must have been in the care of his maternal, not paternal, relatives, his mother must have made all the major decisions, such as schooling, regarding his life and his father must not have had any participation in his upbringing or care.

 

See part 4 of this guidance for more.

 

None of which would stop him from being granted a visit visa.

 

The main obstacle being his reason to return.

 

At his age, the only concrete reason he has to return is his schooling; so obtain a letter from his school confirming his attendance, the length of his holiday and the date he is expected to return.

 

Bearing in mind his previous settlement refusals, you should include in your sponsor's letter a brief note to say that you understand he cannot switch from a visitor to settlement whilst in the UK and that remaining in the UK beyond the expiry of his visit visa is a serious offence which could have dire consequences on any future application by him.

[bobrussell]

Schooling must be a key reason to return therefore a letter from them confirming that the visit will take place during a school holiday and that he is expected back by such and such a day.

I am surprised that an ECO might consider your stepsons schooling relevant to a settlement application. It is not their problem at all. 

The exact wording would be interesting but it does sound as if it was failure to demonstrate sole responsibility. 

If it is your intention for him to settle here at some stage then you need to build up documentation to show your wife is making all the key decisions on a day to day basis. If this is the case then you really do need to get proper specialist advice.

From a moral point of view you can push the point that your wife has commitments here but it is still important that her son maintains contact. This would be in the best interests of the child.

Perhaps suggest to the ECO that he is expected be a regular visitor during school holidays but will complete his education in Thailand.

 

Edited November 8, 2017 by bobrussell

[Paul moring]

Thanks guys I really appreciate the advice . I have very little trust in using specialist visa people having used an agent in Thailand on the first application and then a British solicitor on the second application. However this is a different situation now so perhaps your right , I think I need to involve a specialist.  I need to get this right this time . But I'll definitely be using the advice you have all given.  Thanks again.  

[7by7]

If you do decide to engage a professional; make sure they are competent.

 

There are many visa agents in Thailand, and their competence ranges from excellent to dire. remember that just because the agency is run by a Brit doesn't mean they are competent.

 

The only agency in Thailand I know enough about to recommend is Thai Visa Express; who also have offices in the UK and are OISC registered.

 

I know plenty of agents in Thailand I would most definitely avoid; but unfortunately Thailand's draconian defamation laws and hence the forum rules prevent me from naming them.

 

If thinking of using a professional in the UK, then by law they must either be OISC registered or a solicitor: see howerde's link above.

 

If using a solicitor, make sure that they specialise in immigration matters; which your average high street solicitor doesn't. Being an expert on probate or conveyancing doesn't, imho, qualify one to give immigration advice for a fee!