Daughter Required To Attend Interview In Bangkok

[twentythreemc]

Just got back from LOS when we were there myself and my wife tried to apply for a settlement for my wife's daughter. After a longer than expected delay due to the fact that the VFS website was down, we were finally informed that my wife's daughter would be required to attend for an interview in Mid September no reason given.

Anybody else out there been down this road ? Is it a formality ? It means my wife having to go back to Bangkok so thats another £500 airfare for what for some idiot to ask my wife's daughter does she want to come to the UK.

Some advice for people attending the VFS don't expect to get past the goons on the VFS door if your a falang. Bring something to do whilst your waiting outside, and dont bother trying to find a bar anywhere near the place, there aren't any, expect to be outside for about an hour especially on a Monday. If you haven't got your bankers draft for payment of the visa one can be obtained from the bank downstairs but be aware that your draft is in thai baht which for a settlement visa is B 36000 the total cost to us was £560, due to the baht being 66 to the pound at the time.

Finally beware of the touts, they operate an office just at the side of the VFS which if you have never been there before you may well mistake as being part of the VFS and they won't tell you otherwise they just railroad you into there offices where they try to convince you to use them there services cost B 35000.

Just some observations from my experience there, please if anybody has any anecdotal advice re interview for the child (aged 11) if you could please share them with me I would be grateful. Please feel free to ask any questions re the VFS that I might not have covered and maybe just forgot.

Cheers 23

[the scouser]

From the Diplomatic Service Procedures:-

Children

Children under 10 yrs are too young to be interviewed. It is appropriate for you to interview a responsible adult such as the parent or guardian if the child is to travel alone. Children between 10 and 14 years should be interviewed only in the presence of a responsible adult who is either the parent or guardian. Questions should be confined to relatively simple matters and details of immediate family. Children over 14 years may be interviewed alone.

Without knowing the details of the application, it's not possible to say why the visa officer wishes to speak to your step-daughter. However, it is more likely that they want to speak to the responsible adult rather than the child. Your wife is not required to attend, and your step-daughter's guardian may go in her place.

Scouse.

[twentythreemc]

Thankyou for your prompt reply Scouse.

My wife will be attending the interview as we aint leaving it to chance, and she will hopefully be accompanying her daughter back to the UK.

Can't help thinking somewhere along the line I've made a schoolboy error, but I'm heartened by the comments in the immigration blurb. Hopefully it will be straightforward and there questions will be confined to simple matters.

Cheers

23

[Mossfinn]

we were finally informed that my wife's daughter would be required to attend for an interview in Mid September no reason given.

Anybody else out there been down this road ?

Sorry 20three,

I can't remember all the content of your previous posts even though I responded to them and not knowing the content of your application, it is hard to call an assessment on the interview.

However, when we brought our daughter over, my step-daughter, it was not a formality, when they called us to the counter they asked a few simple questions, after which, he promptly stated," he couldn't assess this application on just 10 minutes of perusal, please come back on Friday", this was on the Tuesday.

The visa was issued without further questions on the Friday.

I think you have been called for a formal interview, this may just be to confirm certain points in your application, if all is above board and you have covered all the bases, you should be O.K, or as O.K as you can be in this situation.

Good Luck

Moss

[teacher]

Just got back from LOS when we were there myself and my wife tried to apply for a settlement for my wife's daughter. After a longer than expected delay due to the fact that the VFS website was down, we were finally informed that my wife's daughter would be required to attend for an interview in Mid September no reason given.

Anybody else out there been down this road ? Is it a formality ? It means my wife having to go back to Bangkok so thats another £500 airfare for what for some idiot to ask my wife's daughter does she want to come to the UK.

The interview will be a little more questioning than what you have put. My wifes sister was in the same boat as you she had to return to Thailand for the interview and it went something like this.

The mother sat next to the microphone as she thought she was going to be asked questions on her daughter and was told to move seats as her 8, yes 8 year old was being interview. She was then told NOT to look at her daughter through the interview her daughter was also told the same in Thai by the assistant.

The daughter was asked how many times has your mum visited you? who do you live with? does you mum send you money?do you know who your mothers husband is?how many times you seen him?whats his name?do you like your grandmother? do you eat at home? how many times you eat a day? do you have water from a tap (running water)?why do you want to go to uk? etc etc.Then they were told to call VFS in two days time.

She was refused because her life in thailand was good and not desprate. Her grandmother looks after her, feeds her well and she has running water, and has good schooling.

They are awaiting the appeal date.

[the scouser]

She was refused because her life in thailand was good and not desprate. Her grandmother looks after her, feeds her well and she has running water, and has good schooling.

There has been a spate of refusals on such grounds. However, providing that the parent in the UK can demonstrate sole responsibility, maintenance and acommodation, the child's standard of life in Thailand is immaterial to the application.

Scouse.

[twentythreemc]

Thanks again for the advice guys, did any of you know if any further documents were required at the interview ? as nothing was stated on the paperwork we received from the embassy.

I am assuming that they will be asking a whole host of intrusive questions at the interview and theres not much I can do about that, I will leave it in my wife's hands to take care of business over there, I don't think my wife will sit idly by and be dictated to by the staff in the embassy where her daughter is concerned.

I truly believe we presented a good case for bringing our daughter here and now it's in the lap of the Gods.

What recourse do I have should our application be rejected ? I assume we can appeal ?

Cheers again for taking the time to give advice.

23

[the scouser]

Should the worst happen, you do have a right of appeal, although this won't be heard for approximately 6-7 months.

Scouse.

[Mossfinn]

The interview will be a little more questioning than what you have put. My wifes sister was in the same boat as you she had to return to Thailand for the interview and it went something like this.

The mother sat next to the microphone as she thought she was going to be asked questions on her daughter and was told to move seats as her 8, yes 8 year old was being interview. She was then told NOT to look at her daughter through the interview her daughter was also told the same in Thai by the assistant.

The daughter was asked how many times has your mum visited you? who do you live with? does you mum send you money?do you know who your mothers husband is?how many times you seen him?whats his name?do you like your grandmother? do you eat at home? how many times you eat a day? do you have water from a tap (running water)?why do you want to go to uk? etc etc.Then they were told to call VFS in two days time.

She was refused because her life in thailand was good and not desprate. Her grandmother looks after her, feeds her well and she has running water, and has good schooling.

They are awaiting the appeal date.

Absolutely unbelievable!

To get our daughter over here was a considerable lot easier than that, no such detailed questions and certainly no refusal, although as I stated above, it wasn't a formal interview, just a few questions at the kiosk.

There has been a spate of refusals on such grounds. However, providing that the parent in the UK can demonstrate sole responsibility, maintenance and acommodation, the child's standard of life in Thailand is immaterial to the application.

Scouse.

Absolutely, how can they justify such decisions!

Moss

Edited August 13, 2007 by Mossfinn

[the gent]

The interviewing of a minor is a skill which can only be undertaken by a trained officer. Furthermore, it cannot be conducted unless an appropriate adult representing the child's interests is also present. The notion that the appropriate adult is to be subject to some sort of behavioural constraint dictated by the visa officer, as outlined by a previous poster, is as disgraceful as it is fanciful.

UK immigration law dictates the application process and the standards applied to its operation within the UK apply equally to those submitted abroad.

The OP should contact the visa section and seek confirmation that the child is to be interviewed in which case assurances that it will be conducted in accordance with UK policy guidelines should be obtained.

[teacher]

She was refused because her life in thailand was good and not desprate. Her grandmother looks after her, feeds her well and she has running water, and has good schooling.

There has been a spate of refusals on such grounds. However, providing that the parent in the UK can demonstrate sole responsibility, maintenance and acommodation, the child's standard of life in Thailand is immaterial to the application.

Scouse.

You say a spate of refusals on such grounds make me think how can they refuse then as met all the requirements.

Mother has sole responsibility of her child, she can maintain and accommodate as the couple both work and have a new house in both name here in the uk. The couple have been together for 7 years 5 in the uk, mother has a british passport. And the child was booked into a school in the uk.

I dont want to doupt you Scouse but, the very fact they have refused her along with a spate of others must be worrying?

The words in the refusal letter were no serious and compelling reasons for her to leave thailand. She has her grandmother caring for her, good schooling, eats well and has running water.

They have appealled and are awaiting the date to come through and, as you rightly say it will be around 7 months.

The couple had 28 days to appeal, this was recieved at the appeal section in the uk. The appeal section in turn sent it back to the Embassy in BKK and the embassy have till November to comment. (The applicant has 28 days and the embassy has three months!!!!!)

[teacher]

From the Diplomatic Service Procedures:-

Children

Children under 10 yrs are too young to be interviewed. It is appropriate for you to interview a responsible adult such as the parent or guardian if the child is to travel alone. Children between 10 and 14 years should be interviewed only in the presence of a responsible adult who is either the parent or guardian. Questions should be confined to relatively simple matters and details of immediate family. Children over 14 years may be interviewed alone.

Scouse.

Actually on the interview CONFIRMATION letter from the Embassy it stated that the child was to young to be interviewed and her guardian or parent must attend CORRECT. However, when the the mother and child entered the interview room, the mother was told to move seats away from the microphone as the child was being interviewed and NOT her.

Because the refusal decision was made by the officer on what the daughter said (NOT THE MOTHER) an appeal has gone in with the mentioning of her daughters age of 8 years only and to young to be interviewed.

We just hope the embassy record all interviews.

[teacher]

The interviewing of a minor is a skill which can only be undertaken by a trained officer. Furthermore, it cannot be conducted unless an appropriate adult representing the child's interests is also present. The notion that the appropriate adult is to be subject to some sort of behavioural constraint dictated by the visa officer, as outlined by a previous poster, is as disgraceful as it is fanciful.

Disgraceful is the word for this case the girl is still only 8 years old. She was also told Not to look at her mother by the thai assistant, the mother was told by the interviewer the same do not look at your daughter when i ask her questions.

[the scouser]

You say a spate of refusals on such grounds make me think how can they refuse then as met all the requirements.

Mother has sole responsibility of her child, she can maintain and accommodate as the couple both work and have a new house in both name here in the uk. The couple have been together for 7 years 5 in the uk, mother has a british passport. And the child was booked into a school in the uk.

I dont want to doupt you Scouse but, the very fact they have refused her along with a spate of others must be worrying?

The words in the refusal letter were no serious and compelling reasons for her to leave thailand. She has her grandmother caring for her, good schooling, eats well and has running water.

They have appealled and are awaiting the date to come through and, as you rightly say it will be around 7 months.

The couple had 28 days to appeal, this was recieved at the appeal section in the uk. The appeal section in turn sent it back to the Embassy in BKK and the embassy have till November to comment. (The applicant has 28 days and the embassy has three months!!!!!)

It is worrying, although the reasons for it are not apparent. However, one possibility is that a new ECO has arrived and thinks s/he has hit upon an easy method of refusing such applications. The methodology is, though, flawed.

If you look at paragraph 297 of the Immigration Rules:-

The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:

(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:

(a) both parents are present and settled in the United Kingdom; or

( both parents are being admitted on the same occasion for settlement; or

© one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or

(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or

(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child's upbringing; or

(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and 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;

you will see that it begins by listing the circumstances a-f in which a parent can seek to bring a child to the UK for settlement. You will also see that each point ends in "or". This means that the applicant needs to fit in to only one category, and not a combination. Therefore, your sister-in-law's child's application fell under point (e) whereas the ECO appears to have considered it under point (f) which, if the provisions of (e) are met, is redundant. Basically, the application was made on the basis that your sister-in-law is settled in the UK and has had sole responsibility for her child's upbringing, not on serious and compassionate grounds.

Once the ECO's bundle arrives, your sister-in-law will get the opportunity to prepare and submit her case and the foregoing factor is worthy of mention as it undermines the ECO's entire consideration of the application.

Scouse.

[twentythreemc]

On reading the most recent posts on this thread, I would ask this question if you as the person being interviewed namely my wife and not her daughter, would it be presumptious of the interviewee to point out to the ECO that there line of questioning is in fact irrelevant if in fact it follows the same pattern as the lady who's eight year old was interviewed ?

Is it feasible to challenge these decisions to a higher authority ? Can any representations be made ? Can any compensation be claimed ?

I for one would like to see some fundamental changes to the process of obtaining a visa in Bangkok.

In respect of your post Gent are you suggesting I should contact the embassy to ask them if they are going to apply the rules prior to the interview ?

Cheers

23