Help With Settlement Visa For Son

[kate46]

Hi this is my first time posting so be kind please

My son married his Thai girlfriend on October 20th last year in Thailand. He has known her for over 2 years and has been going backwards and forwards to visit her. He has been in Thailand now since July doing his diving instructor training on Koh Tao and living off his savings. They have now gone to live in his wifes village, she is 5 months pregnant and they have decided to come and live here once the baby is born.

I have been reading up on what is needed for a settlement visa application, and my mine worry is that he hasnt worked in the UK since July and that his savings are nearly gone.

I could put some of my money into his bank to show there is money in there and could also get his uncle to say there is a job waiting for him on his return, would that be necessary do you think.

Also i am unsure about the baby does he need to get a visa for the child as well?

He has only been married in the village, will he also need to get some sort of paperwork connected to this?

I have seen the companies online that offer to help with visa applications are they to be trusted?

Hope thats not too many questions, thank you

Kate

[Boo]

Hi kate

The settlement visa is quite straightforward & IMO a visa agent is no worth it.

You say they were married in the village, what do you mean by that exactly? Was the marriage registered at the Amphur (registry office) in Thailand or was just a buddhist ceremony? If the latter then in the eyes of the british embassy (and law in thailand & UK) they are not married. Do they intend to legally marry befrre applying for the visa?

As long as they can show proof of their relationship via bills in both their names, photos, flight stubs, letter from family & friends who know them & attesting to them being a couple etc (basically anythiign that shows their relationship history no matter how silly) then the proving their relationship part of the visa application will be covered. A baby is also good proof

The baby will be enititled to a British passport so no visa will be needed (yor son will need his full birth certificate to apply for the babies passport once it is born, if he doesn't have then it arrange for it to be sent to him asap)

To the no money part..... I got my thai husband a residency visa with 2k pounds to my name, my mum wrote a letetr of invite & stated we could stay with her for as long as we needed, she sent a copy of her deeds & also specified how many bedoroms , livign rooms etc she has. She also added that she would support us financially if need be but putting some cash into his account wont hurt the process imo. You could say it is a wedding present if the eco questions it.

I showed copies of my past few years p60's but I too had not been working for over 8 months, I added a bit in the covering letter stating the work I do & how much I usually earn so having a job offer will help towards the eco seeing that he has a means to support his new family.

So def include that in any correspondence.

Hope this has helped in some way & congratulations on soon to becoming a Nan

[ubonjoe]

I am assuming yor are from the UK.

To help you get started your son needs to register his marriage with the Thai goverment he will then need to have the certificate translated and certified. The first step for the registration is getting an affirmation of freedom to marry from the UK embassy.

This webpage gives all the steps for the registration. http://ukinthailand.fco.gov.uk/en/help-for...gister-marriage

The child can be a Thai and UK citizen. There will a process to go through to get the child a UK passport which can be found on the embassy website also.

Others that are more knowledge than me can help with the visa process. But you can start checking on the website for some information on the visa also.

[7by7]

As said above, if he did not register his marriage at an ampur (a sort of combined town hall and registry office) then his marriage is not legal in Thailand and so not recognised by the UK. To register his marriage he would have first had to complete an affirmation of freedom to marry and have it notarised by the British embassy and stamped by the Thai Ministry of foreign Affairs.

If he didn't do the AFM then he could not have registered his marriage.

See Marriage guidance.

Even if he is not legally married by the time the baby is born, as long as he is named on the birth certificate as the father the child will be British. It would be a good idea to register the birth at the British embassy and he can apply for a British passport for him/her at the same time. The advantages of dual nationality are such that he should get a Thai passport for the child as well.

See How to register a birth.

For his wife's visa, you may find the following helpful:-

Requirement for Tuberculosis testing for applicants visiting the UK for longer than 6 months.

Guidance - Husbands, wives and partners (INF 4).

Chapter 13 - Settlement : Fiance(e)s, proposed civil partners, spouses, civil partners, unmarried and same-sex partners

Chapter 9 - The maintenance and accommodation requirements.

You will notice that Para 9.7 that financial help from family or friends for a married couple is against the Immigration rules, however the entry clearance office (the person who decides the application) is allowed discretion on this point; provided they are satisfied that

it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK.

So provide as much evidence as possible to show your son's employment prospect.

Boo has covered the accommodation requirement in her post above; but I will just add that your son and his wife will need at least one room for there exclusive use. As the child will be newborn it should be acceptable for him/her to share a room with his/her parents, but if there is another room available this would be better.

For how to apply, fees etc. see the UK Visa Application Centre in Bangkok.

The use of an agent is a personal choice. As your daughter-in-law's application appears to be straightforward I don't, myself, see the need.

However, if you do decide to use one, beware. Most so-called visa agents in Thailand are no more than mere form fillers. They are unqualified and unregulated. They offer guarantees that they have no intention of keeping. They overcharge. In some cases I know of following their advice has resulted in a refusal. this applies just as much to agents owned or run by ex-pat Brits as it does to those run by Thais.

Tell your son to avoid them.

If you do decide to use an agent, choose one that is qualified and regulated in the UK and registered with the OISC, such as the two who sponsor this forum.

Best of luck, and if you need any more advice don't hesitate to ask.

[mariner29]

That covers everything just be careful third party support for a married couple is short term only any large deposits appearing in a bank account may cause a problem also.

Evidence

The ECO should also ensure that when an applicant produces evidence of funds, that they are immediately available. A bank statement should show regular transactions. A statement indicating merely a large deposit but no evidence of normal transactions should be treated with caution. Statements covering at least 3 months should give a satisfactory picture of a person’s financial means.

Accommodation

If the accommodation is not owned by the couple (or one of them), the Rules require that there be adequate accommodation which is for their exclusive use. This need not be as elaborate as a self-contained flat. It is acceptable for a couple to live in an existing household, e.g. that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use.

If you require any help myself or Davis Khan who sponsor this site can help you.

Good luck

[kate46]

Hi thanks for the replies and thanks Boo for the congratulations i am very excited

From what i can make out he isnt legally married is he? He did say to me on the phone that he was going to get the marriage registered, but he has never had the AFM he wont be able to do that will he. So what does he do now, should he go and get the AFM form and not say anything about his wedding in the village (the dates will obviously be back to front) or does he maybe apply for a fiance visa instead?

Remembering that she is pregnant would they be likely to grant her a visa as a fiance? I am now thinking it might be better to have the baby here, well try straight away for the visa and see how long it takes. She is about 20 weeks gone so she should be alright for another 8 weeks to be able to fly and then if the visa comes quickly leave then.

I have another 1500 pounds of my sons money in my bank that i was going to put in his for tickets, visa etc. now i am a bit worried about putting lump sums in as i dont want it to look funny.

He has only one email from her of nearly 2 years ago when they met, they have nothing in their joint names at all. All the places they have stayed together have been in just his name, he has been doing his diving training in Koh Tao would it help if say the people who were training him could confirm they were a couple? Also the people that own the apartments where he always stays in Koh Phangnan could maybe do the same. Otherwise i cant think of anything, i do have photos of the 'wedding' but if he goes down the route of saying she is his fiance they are not going to help.

I am beginning to despair, any thoughts gratefully received

[Boo]

He can tell them about the village wedding & include the pictures etc as it will be continuing proof of their relationship, the embassy although not recognizing the village ceremony as legal DO recognize it as part of the Thai cultural thing so don't worry about them thinking he is lying or anything. The AFM can be got in 48 hrs & imo it will save money in the long run to get married in Thailand & apply for SV as a FV costs money & then they have to marry in UK within 6 months (costs more to marry in UK registry office too) & then pay for another visa (FLR) after 6 months. Better to just pay upfront for SV & be done with it for 2 years.

The other proof, def include the letter from 2 years ago & make it clear in the covering letter he writes that he has been on all the rental agreements but if he can get landlords etc to write letters saying they have known them as a couple for xyz years then that will help. Really, don't worry, he just has to make sure that they fill in any gaps in the application on the letter, making it clear why they don't' have this document or that.

As for having the baby in UK, well tbh, she will probably be better having it in Thailand as 1) she has had no prenatal care in the UK & getting registered at GP, getting to see a midwife etc all within a few weeks of delivery is going to be a push & 2) being newly arrived in a foreign country, heavily preggers & not knowing the way things are done may be overwhelming for her. AT least in Thailand she will be near her family & familiar surroundings. Again, this is just my own opinion but I had a baby 20 months ago & specifically moved back to the UK prior to getting pregnant for these exact reasons so feel a little able to comment

Also visa waiting times are sometimes running into the 3 month mark if recent reports here are anything to go by so there would be no guarantee that she would get a visa in time anyway.

Whatever they chose to do, eventually they will be in the UK with the baby & you will be all wondering what you were worrying about

[7by7]

Excellent advice from Boo. The ceremonial wedding, she being pregnant with his child are all excellent indicators that the relationship is genuine.

A three month wait for a settlement visa is only if the embassy want to interview the applicant. If no interview is required then we are talking a couple of weeks at the most.

If they do wait until after the baby is born, and I agree with Boo that it would be best to do so, they must arrive in the UK within 3 months of the start date of the visa. This is because the visa will be valid for 27 months and your daughter-in-law must have been in the UK for 24 months in order to qualify for indefinite leave to remain. If she has not been here for 24 months when her visa expires then she will need an expensive extention. When applying they can ask that the visa be postdated for up to three months, but if this is done they cannot change it nor can she enter the UK until the date of the visa at the earliest.

Do not worry about the village wedding or her being pregnant effecting her chances of a fiance visa or their ability to legally marry in Thailand or the UK. As already said, the village ceremony is not a legal marriage so they are perfectly able to legally register their marriage. Whether they do so in Thailand or the UK is up to them. You son is also able to complete an AFM as he is not legally married.

Also, if they can show that they have been living together in a relationship akin to marriage for at least two years then there is no need for them to legitimise the marriage (unless they want to) as she can apply for an unmarried partner's visa. Although if he has spent much time away from her in the UK or elsewhere this may be difficult to do.

So I suggest he goes to Bangkok and does the AFM, which will take him two days, then get to an ampur and legally marry. Then they can relax, wait for the baby and when they have all their evidence together submit her visa application, As she has to do this in person, they may want to wait until after the birth. Depends on how soon they want to be in the UK.

Tell your son to remember to get a British passport for the child as well as a Thai one.

Edited January 10, 2009 by 7by7

[kate46]

Thanks both of you, is there anything else they can do while in Bangkok getting the AFM. It is quite a trek for them to get to Bangkok as they are up in Nam Som near Udon Thani...does she have to have the biometric fingerprints done? also could she have a TB test done even though she is pregnant to get it out of the way?

Thank you

[7by7]

Biometrics will be taken when she submits the application.

The TB certificate is valid for 6 months, so she could have the test while they are in Bangkok sorting out the AFM. However, as she is pregnant she will not be X-rayed. Instead they will do a sputum test, which takes longer to get the results.

See Requirement for Tuberculosis testing for applicants visiting the UK for longer than 6 months

and

Information Sheet for Tuberculosis Testing (PDF, 30.9KB)

From the information sheet:

Required Documents:

1) Valid passport, and copy of the passport;

2) ID Card and copy of the ID card;

For children from 11 – 15 Original birth certificate and copy;

3) Two recent colour photos, size 45mm x 35 mm

(not older than 6 months);

4) Ante-Natal Care Book for pregnant women.

[kate46]

Thanks again...if he did postdate the visa application and the baby hadnt been born yet how would that work? does he not need to wait until he knows what sex and name the baby has to put on the visa app. or doesnt the baby go on it

[7by7]

Children should be entered on the application in the appropriate place, even if they are mot themselves applying.

However, if the child is not yet born then you cannot enter it's details. Simply say in the sponsor's letter that she is pregnant and they will be travelling after the birth and after your son has obtained a British passport for the child.

[kate46]

My sons wife will need to write a covering letter explaining a couple of things...my question is should my son write it in English and get her to sign it, or should she write it in Thai, or should she write it in Thai and get it translated? Thank you for all previous replies

[Boo]

I'm not sure what the current advice is but (5 years ago) I wrote the covering letter on my husbands visa application explaing what was in it, how we met, where we had lived & a time line of our relationsship up to date as well as our intended plans in the UK & for the future & they asked him questions from the information on it. He didn't actualyl write his own letter.

If she does wrote a letter in Thai it iwll need to be translated into English but IMO a letter from your son, in English as I did should be fine. Just be sure she is fully aware of what it says in case they question her on the info it contains.

[7by7]

I agree, your son should write the letter.

[kate46]

Thank you both of you

[kate46]

Help with a couple more things please.

Sons wife has two children (by Thai man) they live with their father i think they are 7 & 4, she sees them every now and again but doesnt support them financially. She has no intention of them coming to the UK with her but i need to know when she fills the forms in should she include copies of their birth certificates of something?

Also as regards to either his Uncle or latest boss writing a letter to say that there might be a job for him, what sort of thing should they put in? Think it is going to look very suss if either of them just write saying "there is a job for him starting in June" which is when he is coming back. I am going to start putting some money into his bank so he has savings in there so how important will a letter be?

Thank you

Sorry also if his Thai wife went through a religious ceremony with father of her children but never registered it is she married to the Thai guy???

Thanks

[7by7]

Sons wife has two children (by Thai man) they live with their father i think they are 7 & 4, she sees them every now and again but doesnt support them financially. She has no intention of them coming to the UK with her but i need to know when she fills the forms in should she include copies of their birth certificates of something?

She doesn't need copies of their birth certificates, but she should certainly mention them on the appropriate part of the form. If she doesn't then any future visa application made for them, even a visit, will have difficulties and may even be refused.

She or you son should also say why they are not coming to the UK with her in the supporting letter.

if his Thai wife went through a religious ceremony with father of her children but never registered it is she married to the Thai guy

No, a religious ceremony alone is not a legal marriage under Thai law and so is also not recognised as such by the UK. To be a legal marriage the couple need to register it at an ampur.

However, she should mention this relationship in the application.

Also as regards to either his Uncle or latest boss writing a letter to say that there might be a job for him, what sort of thing should they put in? Think it is going to look very suss if either of them just write saying "there is a job for him starting in June" which is when he is coming back

I don't see a problem. A letter from one of them (not both!) saying that he has a job at whatever salary is a plus point. Simply say why he is being offered this job.

I am going to start putting some money into his bank so he has savings in there

How will he explain this money? He is in Thailand and presumably not working, so where will it have come from? Beware, padding a bank account prior to an application is a ruse the ECOs see many times, and unless it is properly explained can raise doubts in the ECO's mind and even tilt the balance toward a refusal!

[mariner29]

Third party support may not be accepted by the ECO.I would advise you insert the children's birth certificates, as in my experience once the applicant arrives he/she often changes their mind in respect of the children and decides to apply for settlement for them. Once they get used to the advantages of the UK education system they want the same opportunities for their children.

Unless you insert a guaranteed job i would not personally bother.

Regards Paul

[kate46]

Just to say that my sons wife put in her application on 8th April. She did three days of sputum tests, she got the result on the afternoon of the third test. Now all we can do is wait, their baby is due middle of May and was hoping to have them home middle of June.

Thank you everybody who gave me advice and help.

Kate