Thai Wife And Kids' Visa Applications

[toasted]

I'm returning to England to study in September and wish to take my family with me. I'll be studying for 1 year, and then working for another 1 or possibly 2 years before we all return to Thailand. Our son's 8 and has a confirmed place at a fee-paying school starting in September also. My partner has visited England several times, and our 2-year-old daughter once.

I phoned the visa application centre and they explained that my son should apply for a student visa; my partner a 2-year visitor visa; and my daughter a 6-month visitor visa. However, having downloaded the relevant forms, they state that you can stay in England for no longer than 6 months at a time. Obvously, this is not what we are looking for. With regard to my daughter, they told me that as she has only held one 6-month visitor visa before, she could not apply for a 2-year visitor visa and would have to apply to the Home Office for an extension. Could my partner do this after 6 months in the UK, too? Or should we be applying for a different type of visa?

This is quite urgent as I had been collecting all the documents necessary for the applications, but may need to obtain others if different visas are required.

Huge thanks in advance for any help.

[samran]

sounds like your wife will need to apply for a settlement visa, rather than a tourist visa if you are going to be living there that long.

As for your kids, if they are your biological children and you are married to their mother, I can't see what is stopping you getting British Passports for them.

[the scouser]

Toasted,

You don't actually state what nationality you are, but on the assumption that you are British, Samran's right that you should be applying for settlement visas for your wife and two children. Alternatively, as Samran suggests, your kids may qualify for British citizenship.

The cost of the settlement visas will be £1500.00 in your case (500 x 3) and they will enable your family to stay in the UK for an initial 2 years. Towards the end of that time, they can apply to stay in the UK permanently, although your wife would need to sit either the Life in the UK test or an ESOL with Citizenship course. You would additionally have to demonstrate that there is enough money to take care of her and the children without claiming certain benefits, that you have suitable accommodation, and that you will have been living together for the precedding two years.

Scouse.

[Mahout Angrit]

See Settlement visa guidance(INF4) and IAS guide to settlement

If you can meet the requirements this is the way you should go and if your kids can get a British passport then you will not have to apply for the visa for them, only your wife.

With a settlement visa your family should not have to leave UK at the end of their visas (2 years) as they can be extended in country, your wife will be allowed to work and your family have access to NHS treatment (which they wouldn't have on visitors visas)

Edited June 20, 2007 by Mahout Angrit

[toasted]

Thank you most kindly for your knowledgeable input. To clarify things a little further, I am English, but my partner and I are not married. I am the father of both children, and my name is on their birth certificates. We are not interested in staying in England longer than three years, although I accept it's possible that could change. My main concern is the initial visa applications. We'll deal with the question of what happens after two years until nearer the time, if necessary.

Mahout Angrit, your links were useful, but they also raise other questions -

First, I am not currently living in the UK and will not be returning to live there permanently, which seem to be prerequisit for applying.

Secondly, I think we'd struggle for documentation to show that we've been living together for the past two years as our house is in my wife's name, and there's no documentation linking me to it.

Finally, we'll be staying with my elderly parents, not living in accommodation owned by us or lived in by only us. I have a letter from my parents explaining this and how we are to be staying there. Would that suffice?

The other requirements are fine. I imagine we'll be fine if we simply turn up at the application centre and explain the situation, but would like to sort it all out in one visit if at all possible.

Thank you again for any advice.

[Mahout Angrit]

First, I am not currently living in the UK and will not be returning to live there permanently, which seem to be prerequisit for applying.

For now it could be your intention to return permanantly but you can change your mind later (a settlement visa is not a life sentence)

Secondly, I think we'd struggle for documentation to show that we've been living together for the past two years as our house is in my wife's name, and there's no documentation linking me to it.

This is a requirement because you are not married. As you have an 8 year old I assume you have been living together for a lot longer than 2 years. Dont you have stamps in your passport to say that you are in Thailand, mail to the same address, photos, maybe a statement from a respected neighbour, photos together on holidays, family weddings etc?

Were you not doing your 90day reporting to immigration and giving your wifes address as yours?

Finally, we'll be staying with my elderly parents, not living in accommodation owned by us or lived in by only us. I have a letter from my parents explaining this and how we are to be staying there. Would that suffice?

Yes your parents need to show they own or rent the house and have pemission for you to stay, that there is sufficient room to house your family and they are willing to have you there.

As you are not going until September you have plenty of time to get your children a UK passport which solves 2 thirds of your problem.

Edited June 20, 2007 by Mahout Angrit

[the scouser]

Toasted,

The most straightforward way to proceed is to apply for an unmarried partner's visa, but you say that you don't have evidence of your relationship going back at least two years, in which case this is a non-starter. Additionally, as you wish to be in the UK prior to September, there is insufficient time to pursue registration of your children as British citizens.

Given these circumstances, the best way forward is for your children to apply for student visas and for your partner to apply for a visa on the basis of being the parent of a child at school in the U.K. She could then qualify for leave to enter the UK as a visitor for up to 12 months at a time, with the facility to apply for extensions without having to leave the UK. However, she would not be permitted to work.

As a British citizen, you will, for the purposes of immigration law, be considered as settled in the UK whenever you are present there, so there's no need to worry about any "present and settled" criteria, and accommodation and financial support can be offered by third parties.

Scouse.

[toasted]

Again, my thanks for your help. After I last posted, I had a rethink about documents (in the broadest sense) that I have to show we've been co-habiting and think I can probably show a few items. So, I think we'll go with the settlement visa for my wife and a student visa for my son. But what visa for my daughter, given that she probably won't be studying?

[the scouser]

I apologise that when I wrote previously about student visas, I was forgetting that your daughter is only 2, and, as such, wouldn't be studying.

If you believe that you have sufficient evidence to demonstrate that you and your partner have been together in a relationship akin to marriage for two years or more, then neither child need apply for a student visa. They could apply for settlement visas as either your dependants or your wife's.

Scouse.

[toasted]

Absolutely no apologies necessary. I guess it will be three settlement visas, then. I presume one can leave the country and return on the same visa, as my son will have at least one school trip out of the UK, and I've promised my wife a holiday back here next year after I finish my studies.

[the scouser]

Your partner and children would be free to come and go within the validity of their visas.

Scouse.

[toasted]

"The Scouser" and "Mahout Angrit" - my utmost thanks. You are truly kind people for offering the support you do.

And so to the visa office tomorrow........

[the scouser]

Toasted,

Before you go rushing off to lodge the visa applications, you should know that your partner will be required to undergo a TB test prior to lodging her application.

I'm in a bit of a rush now, but if you go to the embassy website, you'll find the details.

Scouse.

[toasted]

We got the TB certificate last week. Appreciate the thought though.

[Mahout Angrit]

As you had been preparing for visit visas, you should know that you need a different form for settlement visas (VAF2). You will need a separate bank draft for the fee for each applicant but a single sponsors package from you (for finance) and your folks (for accomodation) will suffice. There are sections on each form to link to the child on the mothers form and the mother on the childs form but they all finish up with separate visas in their passports so can travel in at out as they please independantly.

[toasted]

Mahout Angrit and Scouse

Just to let you know, my wife applied for the settlement visas for herself and our two children last Friday. Happily we recieved the passports with the visas yesterday. Many thanks to you both. We're all looking forward to turning a new page in our lives.

In case it helps you with the advice you dispense here (and elsewhere?), let me tell you a couple of quick things about the documents we put forward -

1) The photocopies of my passport were not certified.

2) The letter from my parents did not give any details pertaining to the house ownership or its suitability for us all to live in it together.

This was simply because I'd been told we'd need to apply for tourist visas, and didn't have the time to obtain full documentation. It was an afterthought to look on here for advice. Luckily I did. Thank you again.

[Mossfinn]

Well done Toasted,

Maybe see you in Oxford.

Good Luck

Moss

[Mahout Angrit]

Well done, I'm sure you presented a tidy application. Good luck to you and your family in UK. Keep an eye on this forum and hopefully you can help others.

[toasted]

Mossfin - Quite possibly. I noted plans for a Thaivisa get together in Oxford on the Oxford Utd. thread. If I can get a visa from the wife, I may be able to make the next one. That will be a tougher application process though!

Mahout Angrit - I've been looking at threads, but don't exactly consider myself an expert. But if I can help, I most certainly will. I don't know how long I'll be a regular here, as at the moment I'm killing time until we leave for England, and once I'm there I expect to be snowed under. But in the meantime....................

[Mahout Angrit]

at the moment I'm killing time until we leave for England, and once I'm there I expect to be snowed under. But in the meantime....................

Try to arrive in UK within 28 days of your visas being issued as if you stay beyond the two years your wife can apply direct for ILR (provided your wife passes the Life in UK test) instead of applying for FLR first. I'm sure by then you will have got British citizenship and passports for your kids. Nice to hear of a happy result.

[toasted]

ILR, FLR ? My families visas are valid from the date we fly (we showed our flight confirmation). Is this good? Any links to info. on applying for their passports would be gratefully recieved. Thanks.

[Mahout Angrit]

ILR, FLR ? My families visas are valid from the date we fly (we showed our flight confirmation). Is this good? Any links to info. on applying for their passports would be gratefully recieved. Thanks.

Spot on if your visas start their validity on the day you fly.

Sorry. Their visas are valid for 2 years (although if your kids get British citizenship before then it wont apply to them). At the end of the two years your wifes visa must be extended. If it is your intention to remain in the UK and not permanantly return to Thailand soon after the 2 years is up then your wife can apply for Indefinite leave to remain (ILR). If you are sure that you will be all returning to Thailand within the following 2 years she can apply for Further leave to remain (FLR).

ILR as you would expect will then give her indefinite leave to remain (and cost currently £750)

FLR will extend her leave by another 2 years (and cost currently £395)

If she aims to apply for British citizenship she must go the ILR route but to apply she must have passed as Life in the UK test or completed a qualifying ESOL with citizenship course. FLR does not require that.

Even if she achieves ILR or FLR it will expire if she remains out of the country for 2 years whereas British citizenship, once achieved ,does not expire.

Can't help with obtaining passports for the kids.

Edited June 29, 2007 by Mahout Angrit

[the scouser]

Congratulations on your success, toasted. That your family's visas are valid from the date you fly is ideal. To learn more about how to register your children as British citizens, read guide MN1 from the Borders and Immigration Agency.

Scouse.

[toasted]

Scouse - that link doesn't seem to work, but knowing the guide number, I'll get hold of it when we're back in the UK. Cheers.

[the scouser]

It probably just takes a long time to load.

Scouse.

[toasted]

Will try again in the morning. It was the "Done" that I noticed, yet with a blank page.

[Mossfinn]

Mossfin - Quite possibly. I noted plans for a Thaivisa get together in Oxford on the Oxford Utd. thread. If I can get a visa from the wife, I may be able to make the next one. That will be a tougher application process though!

Mahout Angrit - I've been looking at threads, but don't exactly consider myself an expert. But if I can help, I most certainly will. I don't know how long I'll be a regular here, as at the moment I'm killing time until we leave for England, and once I'm there I expect to be snowed under. But in the meantime....................

There has just been one last week, but the one you referred to, never happened.

Maybe next time.

As for being an expert, you mean like me.

Scouse - that link doesn't seem to work, but knowing the guide number, I'll get hold of it when we're back in the UK. Cheers.

Works for me.

Good Luck

Moss