Visa for Step Son

[magicroundabout]

Hi all, 

 

Looking for a bit of help. 

 

Me and my wife have been living in the UK for 6 years. My wife has flr. 

 

We are looking at bringing her son over permanently who is 14. He currently lives with his grandparents in Thailand. 

 

I understand this isn't particularly easy to do as he had a settled life in Thailand. However, circumstances changed 6 months ago mainly due to tragic family bereavement. 

 

We (the whole family and my stepson) all agree it would be best for him to come and live with us.

 

Me and my wife have finically supported the grandparents and also we spend 1-2 months each year in Thailand. 

 

I'm just wondering if anyone has been similar situation and knows the visa we should apply for is it the family visa? Would it be easier if my wife had ilr? 

 

Any advice appreciated 

 

 

 

 

 

 

 

 

 

 

 

[post]

4 hours ago, magicroundabout said:

Hi all, 

 

Looking for a bit of help. 

 

Me and my wife have been living in the UK for 6 years. My wife has flr. 

 

We are looking at bringing her son over permanently who is 14. He currently lives with his grandparents in Thailand. 

 

I understand this isn't particularly easy to do as he had a settled life in Thailand. However, circumstances changed 6 months ago mainly due to tragic family bereavement. 

 

We (the whole family and my stepson) all agree it would be best for him to come and live with us.

 

Me and my wife have finically supported the grandparents and also we spend 1-2 months each year in Thailand. 

 

I'm just wondering if anyone has been similar situation and knows the visa we should apply for is it the family visa? Would it be easier if my wife had ilr? 

 

Any advice appreciated 

 

 

 

Does she have the sole custody of the child?

[magicroundabout]

16 hours ago, post said:

Does she have the sole custody of the child?

I don't think she has anything official. The biological father hasn't been involved with the child since birth. My wife has spoken to him he lives in Korea these days. However, he is due back in Thailand for songkran and is happy to sign anything which will help. 

 

[theoldgit]

The other complication you are going to face is the difficulty you have already identified, that being the fact that the child lives with his grandparents rather than with you and your wife from when she first moved to the UK.

 

If the death of a family member was one of the grandparents, then, sadly, that might possibly help. the UKVI will be looking for evidence that your wife has been part of the decision making process and the reasons the child didn't move earlier.

 

I'm sure that someone with experience will have something to add.

[7by7]

On 2/25/2019 at 8:12 PM, magicroundabout said:

Any advice appreciated 

First of all, see Family visas: apply, extend or switch for the general guidance, especially the section Apply as a child.

 

Note that he will not need to pass the English test, but will need to supply a TB certificate.

 

Even if she has sole custody, your wife will also need to show she has been exercising sole responsibility over the child throughout their seperation.

 

Children of single parents: the sole responsibility and exclusion undesirable tests

Quote

The rules say that it is not up to the parents to decide what is best for the child concerned. Instead, the parent relocating to the UK must show that there is a very good reason for the child to be allowed in.

The legal test is that parent must show that one of the following:

the applicant’s parent [the one in or coming to the UK] has had and continues to have sole responsibility for the child’s upbringing

OR

there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.

 

These are often paraphrased by immigration lawyers as the “sole responsibility” test or the “exclusion undesirable” test.

 

You say he currently lives with his grandparents. Are these her parents or the boy's father's? If the father's then her showing she has been exercising sole responsibility will be very difficult.

[howerde]

When there has been a large gap in this case 6 years living apart, i would suggest you at least get professional advise, before you apply from an oisc registered immigaration advisor

[magicroundabout]

Thanks for the comments folks its appreciated. 

 

I'm confident we can explain and evidence the reasons for the change of circumstances.

 

However, will seeks the advice of an immigration advisor.