Uk Visa Application For Divorce.

[Geekfreaklover]

Hello,

I would like to have some advice in regards to a visa application for a Thai national traveling to the UK.

The Thai national (female) is married to a UK citizen. The relationship had finished some 3 years previously. They are still legally married. The Thai female resides in Thailand and the UK citizen resides in the UK. They have one five year old child from the marriage which the father (UK citizen) does not support financially. The child has lived with his mother since the relationship with the husband disolved.

The Thai wishes to divorce her UK husband, and has sent the appropriate documentation for his signature. However there has been no response for a period of months.

In the interim the Thai national has met another UK citizen and is looking towards settling in the UK. She has, I understand the required sponser / finances to support herself.

It is a little complicated but I hope you can understand her problem, which is threefold.

1) She needs a visa to travel to England and complete the divorce

2) After completing the divorce she wishes to settle in the UK.

3) She also needs a visa for her son. I understand that she cannot make a UK passport for her son without the signature of the UK father who is not cooperating.

I have sent a mesaage to the UK visa section for their advice, but would be interested to hear if anyone has any thoughts on the subject, or has ben through this process before.

Many thanks.

GFL

[Governor]

I think it depends where your friend married her British husband, if they married in Thailand and if, as you say, he has deserted her for more than one year then she can enter a claim to Thai court for a divorce.

There are various other ways she can divorce in Thailand without an unnecessary trip to the UK, and UK Visas will know this. It might be difficult for her to get a settlement visa whilst she is trying to get a divorce from her UK husband, if she is living in Thailand.

She needs to see a Thai lawyer, is she trying to sue for maintenance for their child?

[Geekfreaklover]

thanks for the reply.

They were married in Thailand.

Husband has not been on the scene for almost three years, I believe.

My understanding is that she can divorce on grounds of "abandonment" at an amphur without the husbands signature if he has been missing for over three years. It might be one year, not sure... would imagine this can be proved using immigration records.

But; I think that she would be better off trying to claim for some kind of child support.

It's obviously in her interest to divorce in the UK.

It's probably in his interest to offer some kind of settlement before she gets there. But he is being silent on the issue.

It;s an interesting one.

She has contacted a number of lawyer firms and she awaits their advice.

Thanks.