Relocating adult children of spouse to the UK

[Yewbzee]

If I may ask my own question in somebody else's thread. What's the age limit of the Thai wife's children for relocating to UK? For example if the thai children are 18 or over can they move to the UK with the UK citizen and his thai wife?

[theoldgit]

Rather than piggy backing onto another thread, to avoid confusion I've opened a new thread.

 

If your wife has children over the age of 18, and they wish to settle in the UK, they could apply as an adult dependant relative, it would depend on your wifes actual status.

 

 https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-someone-who-has-settled-in-the-uk/some-other-way/adult-dependent-relative

[Tony M]

Children can qualify as dependants up to the age of 18. When they reach 18, they cannot apply as dependants of a parent.  As theoldgit says, they could, in theory, apply as adult dependants, but it is extremely unlikely that they would qualify. The immigration rules are designed to exclude adult dependants as much as possible.  The webpage link does not give the whole story, and doesn't explain that it applies mainly to "elderly" relatives, rather than young adults. This is more the reality:

Adult dependent relatives
33. Evidence of the family relationship between the applicant(s) and the sponsor should take the form of birth or
adoption certificates, or other documentary evidence.
34. Evidence that, as a result of age, illness or disability, the applicant requires long-term personal care should
take the form of:
(a) Independent medical evidence that the applicant’s physical or mental condition means that they cannot
perform everyday tasks; and
(b) This must be from a doctor or other health professional.
35. Independent evidence that the applicant is unable, even with the practical and financial help of the sponsor in
the UK, to obtain the required level of care in the country where they are living should be from:
(a) a central or local health authority;
(b) a local authority; or
(c) a doctor or other health professional.
36. If the applicant’s required care has previously been provided through a private arrangement, the applicant
must provide details of that arrangement and why it is no longer available.
37. If the applicant’s required level of care is not, or is no longer, affordable because payment previously made for
arranging this care is no longer being made, the applicant must provide records of that payment and an
explanation of why that payment cannot continue. If financial support has been provided by the sponsor or other
close family in the UK, the applicant must provide an explanation of why this cannot continue or is no longer
sufficient to enable the required level of care to be provided.

Edited October 1, 2020 by Tony M

[KhaoYai]

As has been pointed out, there is little or no chance of healthy adult children being allowed to join their parent(s) in the UK. They may qualify in their own right under one of the 'highly skilled migrants' routes.

 

For the benefit of others that may read this thread - I've followed several couples who have tried to get teenagers over to the UK (after they arrive) and mostly failed. The rules may say 18 but the closer a child gets to that age, the less the chances of success. I remember one couple having difficulty with a 12 year old child. Similarly, some couples report difficulties when the parent moves to the UK and leaves it a few years to apply for their children to join them - the longer its left, the more difficult it is.

 

The reasons given by the authorities is that having been separated for many years, they can no longer be classed as a family unit.  I even saw one couple that tried and the I.O. looked back at the mother's original visa application where she had stated she worked in Bangkok - leaving the child with grandparents back in one of the provinces.  That time was also used by the I.O. to show that the child was in fact, part of the grandparent's family unit. I do however, know a lawyer that successfully challenged such a decision at appeal.

 

Anyone settling in the UK with the intention of their kids joining them later would be well advised to either include them in their application or do so as soon as possible afterwards - don't leave it years and years and take account of the age problem.