Uk Settlement Visa

[sumrit]

Hi all,

I have been living in Thailand for just over three years now with my Thai wife and stepdaughter. I've got to go back to the UK soon (work related) so am in the process of getting everything together to apply for settlement visas for both of them so we can all travel there together. My wife has been to the UK with me three times already on tourist visas but my stepdaughter hasn't been at all.

The first query is over proof of us living together. Will I have to provide all the proof since day one (three years ago) again or will they just accept that we've been together and that I provided the proof when they gave her the three tourist visas. (All the old paperwork is packed away in the village miles away)?

Next, what proof will we need to supply to show that my stepdaughter lives with us? Her name is on the tabien baan here and my wife has a document from the Amphur confirming that she has sole custody of her daughter (we needed that to get her daughters passport two years ago). I could probably also get a letter from her school confirming she attends there and that I pay the fees but I can't think of anything esle we could provide. Would that be sufficient?

Lastly, When we get to the UK we will be staying with my son for the first two/three months (or as long as it takes) until we've settled in and organised somewhere permanent. What information will I have to get from my son to show that we can stay there?

Edited February 5, 2009 by sumrit

[mariner29]

You will need a letter from your son inviting the family to stay with him. As for the child you will need to show that your wife has have sole responsibility of that child. A sole custody paper alone does not prove sole responsibility. A letter from the school will help and i would ask for one if i was preparing your application. If your son is offering third party support this may only be a short term measure. As she has travel history that will help as we have history already between you.

Guidance.

http://www.ukvisas.gov.uk/en/ecg/chapter14/#point%20five

http://www.ukvisas.gov.uk/en/ecg/chapter9/#point%20three

[7by7]

Your son will need to show that there is sufficient room for you. At least one room for the exclusive use of you and your wife and another for the child. So he should include a brief description of the property to show this is the case.

If he rents then he will need a letter from his landlord granting permission for you to live there. If he owns then some form of proof of ownership such as a mortgage statement.

[mariner29]

Include as much evidence as you .

[sumrit]

You will need a letter from your son inviting the family to stay with him. As for the child you will need to show that your wife has have sole responsibility of that child. A sole custody paper alone does not prove sole responsibility. A letter from the school will help and i would ask for one if i was preparing your application. If your son is offering third party support this may only be a short term measure. As she has travel history that will help as we have history already between you.

Guidance.

http://www.ukvisas.gov.uk/en/ecg/chapter14/#point%20five

http://www.ukvisas.gov.uk/en/ecg/chapter9/#point%20three

Thanks for the quick reply.

As far as my stepdaughter is concerned my wife was never legaly married (just a 'village wedding') to the father so there was never an issue over custody. They parted when she was about two years old and my wife and daughter moved back to her parents house where they remained living until meeting me. They have never been apart and my wife provided for everything as a single parent before we met and I've provided everything since then, but what else, apart from a letter from the school, which is in the same town we live in, stating that she attends there and I pay the fees, can we supply to prove she lives with us?

I've just looked at the translation of the document from the Amphur again. In one part it confirms that the father had no legal right to custody and that my wife has sole custody and in another paragraph it 'confirms that my wife is taking care of her daughter' but doesn't mention the word 'responsibility'. What's the difference?

As well as a letter from my son will he have to supply any details of his house and ownership?

edited because I've just seen 7by7's reply and he's answered the question about my son's house. Thanks

Edited February 5, 2009 by sumrit

[7by7]

Para 14.5 of Chapter 14 - Settlement entry for children explains 'sole responsibility' and you will see how it differs from sole custody. She will need to demonstrate both.

However, as the child is applying at the same time as the mother and as they have been living together continuosly this should not be a problem. Sole responsibility only becomes an issue when parent and child have been seperated.

The document you describe shows she has sole custody. It's not strictly necessary, but I would recommend getting an English translation and submitting both.

[mariner29]

7 by 7 lets not forget the double application fee 2 x £515

No TB is required if 11 and under as for biometrics if 5 and under.

Regards

Paul

[sumrit]

Para 14.5 of Chapter 14 - Settlement entry for children explains 'sole responsibility' and you will see how it differs from sole custody. She will need to demonstrate both.

However, as the child is applying at the same time as the mother and as they have been living together continuosly this should not be a problem. Sole responsibility only becomes an issue when parent and child have been seperated.

The document you describe shows she has sole custody. It's not strictly necessary, but I would recommend getting an English translation and submitting both.

Thanks for the reply, but I'd already read that and thats why I asked the question, HOW do we show that she lives with us and my wife has been soley responsibile for 'exercising parental care'. Apart from a letter from the school saying she attends there and we pay the fees I think we've taken her to the doctors once for some antibiotics. What proof can we give the Embassy? I don't know if I'm worrying unnessasarily but we would have to travel together, if the embassy refused my stepdaughters visa because we hadn't proved my wife had 'sole responsibility' I don't know what we'd do, we couldn't just leave an eleven year old here on her own.

[mariner29]

You must supply a covering letter explaining the situation.

If the ECO requires more evidence he will ask for it you can only supply what you have.

[sumrit]

7 by 7 lets not forget the double application fee 2 x £515

No TB is required if 11 and under as for biometrics if 5 and under.

Regards

Paul

Thanks, I was aware of the fees and the TB tests.

I've successfuly applied for three tourist visas for my wife and helped four of my friends to put together settlement visa applications to take their wives to the UK (all successful) so I think I do have at least a basic understanding of the system and whats required, but all of those friends live in the UK so it was just applying for their wives to join them, and none of the visa applications involved taking children as well. It's only when I started getting everything together I realised we don't really have any proof that my stepdaughter actually lives with us and the Ebmassy in Bangkok are not really known for just taking somebodys word for it without any documentary proof are they. That's why I asked the question, I was hoping you or somebody else could say what the Embassy expected to be shown as proof.

Thanks

Sumrit

[7by7]

As Mariner says, explain the situation in your sponsor's letter.

As I said before, sole responsibility is only an issue when the parent and child have been living apart and are applying at different times. In most cases this is because the parent is already in the UK and now wants the child to join them.

As in your case, my wife and step-daughter applied at the same time. The only evidence we supplied for my step-daughter was her birth certificate and the sole custody document. As mother and child were living together and applying at the same time sole responsibility was taken as read by the ECO.

[mariner29]

As we said a brief letter explaining should be enough i feel you are worrying far too much.

I'M also aware its important it is correct but you can only work with what you have.

If the ECO wants more evidence he/she will ask for it.

[Kharzi]

Self serving though it may seem, photographs of your home and your respective possessions corroborating a family occupation wouldn't go amiss as indeed photographic evidence of your 3 years together. I don't know your accommodation but if in rented property obtain evidence from the lease owner confirming who has actually occupied the property. Additionally, a statement from your child's school headmaster that over whatever period you and/or your wife have been known to be the guardians.

The evidence is tested on the balance of probabilities but sometimes this can be lost on those chaps at Ploenchit although I would be confident if I were you. Remember, the settlement application will be entirely consistent with your wife's previous visit applications in which she would have already referred to the existence of the child and presumably her responsibility.