Settlement For Wifes Children

[Roblpl]

Hi All,

I wonder if you guys would mind providing some advice.

My wife is approaching the last stages of her 2 year visa and we have almost finished our preparation. She has expressed a desire to bring her children over from Thailand. which we may well prepare for in the next few months.

My question is, what would be the immigration status of the children. My wife by then should have ILR and maybe, if we delay a bit, British Citizenship.

I am presuming that the children will not be entitled to gain immediate British citizenshp passed on from my wife. If this is the case, does it mean the children would fall into the category of the 5 year rule before gaining British citizenship?

Or, if my wife has ILR, does that mean the children will gain the same status?

Thanks Guys

RobLpl

[the scouser]

Rob,

The children will gain the same immigration status as your wife. If she is still on the probationary 2 years, then their status will be in line with that and if she has either indefinite leave or British citizenship, the children will be given indefinite leave. They will not automatically derive British citizenship from your wife even if she has naturalised by that point. After they've spent approx 5 years in the UK, they can think about registration as British citizens unless, of course, by that time they will have attained the age of 18 in which case they will have to naturalise and pass the Life in the UK test.

Scouse.

[Roblpl]

Thanks for that really quick response Scouser.

Not a problem with that as I just wanted to be clear.

Incidentally, you'll se my original set of documents for the 2 year Visa was pinned at the top.

I'm preparing the ILR documentation, which is a bit bigger, and would be happy to supply that also if it would help

Regards

RobLpL

[the scouser]

THanks, Rob: tip me the wink when you're ready and your new information can be added accordingly.

In relation to your step-children, be aware that they each must make a visa application, with the cost implications that go with that; i.e. their visa applications will cost a combined total of £1030.00. However, if your wife will have indefinite leave by then, no further applications to the UKBA will be mandatory. Even if she doesn't, the kids can be added to her ILR application as dependants at no further cost.

The only questions I would have are:-

1. Who currently looks after the children?

2. Where is their father?

3. Who provides for the children financially?

4. What evidence of contact with the kids does your wife have?

5. Does she have any evidence that although the children are, by necessity, cared for by another in day-to-day terms, she still provides the direction and control in their lives?

Scouse.

[Roblpl]

Thanks Scouser,

Due to our viewing this site we have a fairidea of the logistical challenges involved. We have a reasonable income and my wife has already talked to the Amphur about the father issue. Thai Baht does help.

Can I just clarify the circumstances when the visa is free or not free...

Does this mean that in order to get the visa for free, the children would have to go on the visa application at the same time as my wife applies. If this is the case, how is the fact that the children are in Thailand and she is here, factor in?

Or,

Does it mean that the children can be added to the ILR visa once it has been issued in the UK? Which,in effect, means that she travels out to THailand and ask the British Embassy to add them on at no cost? (Presuming we have satisifed the responsibility criteria)

[the scouser]

Rob,

The kids will need to pay for their visas, come whatever, at a total cost of £1030. On the assumption that they get the visas, they will get the same status as their mum. Once the children are in the UK and if your wife will still be on her probationary 2 years at that point, when she applies to either extend her leave or obtain ILR, the kids can be added to her UK application free of charge.

Scouse.