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Posted

We have been looking at bringing my wifes two kids over from thailand.

we are finally in the position where we can look after then here.

The plan was for the wifes mother to come over with the kids and stay for a holiday, then return alone.

They went to the passport office and was told my wife would need to sign the paperwork,

Or fill in some forms from UK Home Office and Thai Embassy then fax them over.

Unfortunately the details of what paper work etc.. did not come across.

Can anybody tell me what we need to do to get the passports for the kids.

The grandmother already has her passport.

Once we have the passports, what visa do we need for them ???

Cheers in advance.....

Jonny

Posted

Can't help on the passports, sorry. Maybe Thai embassy can help.

Once they have their passports then getting a visa for them should be straightforward. Provided:-

They are under 18.

Their mother has, and has been exercising, sole responsibility over them. Where is their father? If dead, then she will need to supply his death certificate, if still alive then she will need a sole custody document. This can be easily obtained at the local Ampur if the father co-operates. If he doesn't, then she will need to get one through the Thai courts, which can be a lengthy process.

They can be adequately supported and accommodated in the UK.

See Guidance - Family members (INF 6) and Chapter 14 - Settlement entry for children.

The type of visa they get will depend on their mother's status in the UK. If she is still on a spouse visa or FLR then they will get a visa expiring at the same time as hers so that they apply for ILR together. If she already has ILR then they will get Indefinite Leave to Enter, which is effectively the same thing.

Posted

The father is not dead, but has not been involved since i showed up.

I doubt he would object, but we were hoping to get them here without going there.

Finding him may be an ordeal on its own.

My wife is on her second 2 year spouse visa, with the plan for IDL visa next time.

Can the paperwork regarding sole custody be attained by proxy or over in the UK.

Thanks for your help......

Jonny

Posted

I have known cases where an Ampur has granted sole custody without the father's permission/presence when his whereabouts were unknown and had been for some time, but never when his whereabouts are known. My stepchildren's father had had no involvement with them for some time and my wife had started to try and obtain sole custody before we met, but because his whereabouts were known the Ampur would not issue sole custody without his agreement, which he refused to give (not because he cared one iota about the kids, but simply out of spite toward their mother). So, she had to go to court.

Hopefully in your case the father can be persuaded to cooperate (a cash incentive might help).

Custody/responsibility has to be resolved in Thailand. If it goes to court your wife will definitely have to attend and as far as I'm aware her presence is also required if it can be resolved at an Ampur.

Posted

Also, simply having sole custody of the child is not sufficient to demonstrate sole responsibility, although it is a part of the puzzle.

Your wife will have to show that whilst she's been in the UK she has continued to provide the direction and control in her children's lives through regular contact, financial support and instructions to their carer on how to take care of them.

Scouse.

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