Hello all

OK, need asome advice here.

My GF is currently on her 2nd UKVV visit and things are going well.

We're talking about bringing her kids over for a holiday next April during the school holidays for a month.

What's the likelyhood of this happening and what problems could we encounter?

Things to be aware of:

Malai (GF) is still married but has been separated for over 2 years now.

Children currently live with husbands parents but there is regular contact with Malai.

Children (aged 6 and 12) don't have their own passport.

Malai will probably be applying for a settlement visa around December this year.

Thanks for your help

Taz...

P.S. Regarding a settlement visa application for Malai. What effect will the fact that she is still currently married have on the application? What do we need to resolve first, if anytrhing, before applying?.

Tariq,

There's no reason why your girlfriend's kids shouldn't apply for visit visas, and the long April school holidays is the most reasonable time for them to vist as they won't miss any schooling. They will require passports in which process their father will need to be involved and they will need to satisfy the same requirements that your girlfriend did in order to get her visit visas; i.e. that they will leave the UK at the end of their stay, and that there is sufficient maintenance and accommodation for them whilst in the UK.

In relation to your girlfriend's application for a settlement visa, she should set about divorcing her husband, unless you intend to apply on the basis of an unmarried partnership, in which case you will need to demonstrate that you have been living together as a married couple would for two years or more.

Scouse.

Tariq,

There's no reason why your girlfriend's kids shouldn't apply for visit visas, and the long April school holidays is the most reasonable time for them to vist as they won't miss any schooling. They will require passports in which process their father will need to be involved and they will need to satisfy the same requirements that your girlfriend did in order to get her visit visas; i.e. that they will leave the UK at the end of their stay, and that there is sufficient maintenance and accommodation for them whilst in the UK.

In relation to your girlfriend's application for a settlement visa, she should set about divorcing her husband, unless you intend to apply on the basis of an unmarried partnership, in which case you will need to demonstrate that you have been living together as a married couple would for two years or more.

Scouse.

Hi Scouse

Thanks for the reply.

When you say Malai should set about divorcing her husband, are you saying that she must be divorced before a settlement visa will be granted?

Malai has attempted to discuss divorce with her husband but he's not being reasonable. If you or anyone has any info on divorce laws in Thailand and whether a wife can divorce a husband without his consent after a period of separation I'd appreciate it. Also what affect this could have on custody of the children too?

Thanks

Tariq...

Malai won't be allowed to re-marry unless she is divorced, the corollary being that she'll have no basis upon which to gain settlement in the U.K. whilst she is otherwise hitched.

A Thai divorce will normally award custody of the children to one party to the marriage. If custody is awarded to Malai, she may then present herself as having sole responsibility for the kids, should they apply for settlement visas. However, if custody is awarded to the father, it will be difficult for Malai to demonstrate that she has sole responsibility for the children's upbringing and, therefore, might find it an uphill battle to get settlement for the kids.

Scouse.

I hope on her previous applications she stated she was married and had children otherwise that could cause some questions. Besides needing the help of the father to get the childrens passports she will likely need permission from him to get the visit visa to leave the country (if it is before the divorce and any custody agreement)

It seems unlikely, although I'm no expert in Thai divorce law, that Malai will get sole custody as it would look like the father will not agree to it and they are currently living with his family, so unless the father agrees I think you can forget getting them to UK on a settlement visa at a later date. Malai, if she was legally married in Thailand can only demonstrate she has sole custody from the documents issued at the time of the divorce.