Looking For Uk Visa Advice With Regard To Thai Gf And Unborn Baby

[Castor83]

ok so this is a bit of a long story, but i would appreciate some advice as i cannot ifnd much specific to my situation online.

I am a british citizen living in england, and met my thai girlfriend here almost two years ago. she became pregnant around august last year and wanted to go home to see family etc and have the baby there. She had also overstyed her visa already by quite a long time. the thai embassy helped her sort out gettin back (they told her to "lose" her passport and gave her a permission to travel document).

The baby is now due in around a month and i will be flying over for 3-4 weeks for the birth. i was planning to simply get married while we are over there then help her apply for a visa, come back myself and for her to follow when the visa is done. now however we have realised she was not even divorced (her thinkin it had been done while she was in england) so she has finalised that in the last few weeks and tells me we cannot now marry for around 300 days. so i have been lookin into fiancee visas.

The question i have is mainly toward the evidence you need to provide that you have met each other and know each other and stuff. i obviously have alot of photos of us together showin when she was in england which are dated and things. but since she went to thailand, although we speak on the phone everyday, i have no evidence of this as i do not recieve itemised billing and have changed phones twice. Surely the baby will be proof enough of our relationship? or will i still need some other proof, and if so what?

also i would like to kno if there is anyway of speeding the process up because we have a child together as i want to spend as much time with them both as soon as possible. does anyone know if there is special application or type of visa for this? or anyone in a similar situation could share their experience.

i really would appreciate any advice or suggestions greatly as i feel like there is nothing i can do at the moment and the waiting around is killing me.

[barrybike]

ok so this is a bit of a long story, but i would appreciate some advice as i cannot ifnd much specific to my situation online.

I am a british citizen living in england, and met my thai girlfriend here almost two years ago. she became pregnant around august last year and wanted to go home to see family etc and have the baby there. She had also overstyed her visa already by quite a long time. the thai embassy helped her sort out gettin back (they told her to "lose" her passport and gave her a permission to travel document).

The baby is now due in around a month and i will be flying over for 3-4 weeks for the birth. i was planning to simply get married while we are over there then help her apply for a visa, come back myself and for her to follow when the visa is done. now however we have realised she was not even divorced (her thinkin it had been done while she was in england) so she has finalised that in the last few weeks and tells me we cannot now marry for around 300 days. so i have been lookin into fiancee visas.

The question i have is mainly toward the evidence you need to provide that you have met each other and know each other and stuff. i obviously have alot of photos of us together showin when she was in england which are dated and things. but since she went to thailand, although we speak on the phone everyday, i have no evidence of this as i do not recieve itemised billing and have changed phones twice. Surely the baby will be proof enough of our relationship? or will i still need some other proof, and if so what?

also i would like to kno if there is anyway of speeding the process up because we have a child together as i want to spend as much time with them both as soon as possible. does anyone know if there is special application or type of visa for this? or anyone in a similar situation could share their experience.

i really would appreciate any advice or suggestions greatly as i feel like there is nothing i can do at the moment and the waiting around is killing me.

ive never heard of proof like that before but anyway what you need most importantly is proof that you pay tax working etc ,maybe some electricity bill in your name to prove you have a house for them to live when they go back with you full time , a bank statement of course to prove you can provide for them ....the divorce bit sounds tricky ,get married in a proper regristrary office in bangkok .you will need a birth certificate , passport . your gf will need certificate too , go to thai embassy with your gf to sort all the stuff out before you do this and go to the uk embassy in bangkok also they will tell you and her what you need too , about the proof sure when baby is born ,they can do a test on you to prove you are the father ,just a hair from your head or swab in your mouth...alot of people go to these visa agencies any pay them stupid money for just going to the few places i mentioned already.takes a bit of going around but its no bother when you have everything correct ........pity she didnt have the child in the uk as it would have saved a lot of hassle ,...hope this helps a little ....i just wrote this coz the way you were saying simply go over get married and come back ,its not that simple................shit loads of paper work involved...

[cookyboy]

ok so this is a bit of a long story, but i would appreciate some advice as i cannot ifnd much specific to my situation online.

I am a british citizen living in england, and met my thai girlfriend here almost two years ago. she became pregnant around august last year and wanted to go home to see family etc and have the baby there. She had also overstyed her visa already by quite a long time. the thai embassy helped her sort out gettin back (they told her to "lose" her passport and gave her a permission to travel document).

The baby is now due in around a month and i will be flying over for 3-4 weeks for the birth. i was planning to simply get married while we are over there then help her apply for a visa, come back myself and for her to follow when the visa is done. now however we have realised she was not even divorced (her thinkin it had been done while she was in england) so she has finalised that in the last few weeks and tells me we cannot now marry for around 300 days. so i have been lookin into fiancee visas.

The question i have is mainly toward the evidence you need to provide that you have met each other and know each other and stuff. i obviously have alot of photos of us together showin when she was in england which are dated and things. but since she went to thailand, although we speak on the phone everyday, i have no evidence of this as i do not recieve itemised billing and have changed phones twice. Surely the baby will be proof enough of our relationship? or will i still need some other proof, and if so what?

also i would like to kno if there is anyway of speeding the process up because we have a child together as i want to spend as much time with them both as soon as possible. does anyone know if there is special application or type of visa for this? or anyone in a similar situation could share their experience.

i really would appreciate any advice or suggestions greatly as i feel like there is nothing i can do at the moment and the waiting around is killing me.

i think you will find that when you apply for another visa for her because of the over stay she will probaly be refused since the new rules came in at the embassey, they are clamping down on the over stays, i would look into that first

[GungaDin]

This should be moved to

"Visas and migration to other countries"

You need to talk to a professional.

Davies Kahn are sponsors, call Scouse @ Tel: 0151 284 7314

http://www.davieskhan.co.uk/index.php

http://www.thaivisa.com/forum/Scouse-tag.html

Good luck.

Edited March 17, 2009 by GungaDin

[7by7]

She had also overstyed her visa already by quite a long time. the thai embassy helped her sort out gettin back (they told her to "lose" her passport and gave her a permission to travel document).

I am amazed that the Thai embassy would advise her to 'lose' her passport. Such action is common among those who wish to try and hide a previous overstay or similar and is bound to cause suspicion when she applies again for a UK visa.

However, it is not an insurmountable problem as long as she is honest about her past when she applies.

In a covering letter she must admit to her previous overstay and explain the reasons for it. She should explain that the 'loss' of her previous passport was done on the advice of the Thai embassy in London. She should express contrition for breaching the immigration rules in the past.

If she does not admit to her overstay and the embassy discover it, and they will, then she will not get a visa and could be banned from applying for the next 10 years.

she has finalised (her divorce) in the last few weeks and tells me we cannot now marry for around 300 days

Not quite.

Under Thai law, in order to avoid possible paternity problems and doubts, a divorced or widowed woman cannot remarry less than 310 days after the previous marriage has expired, unless

• Has given birth to a child.
  
• Remarrying the same person.
  
• Not pregnant, as certified by doctor. (in case of early remarriage)
  
• Approval to remarry from a court is obtained. (Source)
  

So I guess you will be able to marry once the child has been born. At this late stage in her pregnancy no airline will carry her, so she going to have to wait until then before she can fly to the UK anyway.

Marrying in Thailand and obtaining a spouse visa for her is cheaper that getting a fiance visa as it cuts out an extra application in the UK after you have married and so saves that fee. See Guidance for British nationals wishing to marry in Thailand.

Remember that as you are the father the child will be both British and Thai, even if you have not yet married; provided you ensure that you are named as the father on the birth certificate and you register the birth at the ampur yourself.

You can then get a British passport for the child and so s/he will not need a visa to live in the UK. See How to register a birth from the British embassy for how to do this. You should get a Thai passport for the child as well, although you can always do so at the Thai embassy in London once you are all in the UK.

You may find the following useful when preparing her visa application:-

Guidance - Husbands, wives and partners (INF 4)

Chapter 9 - The maintenance and accommodation requirements

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

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

For how and where to apply see UK Visa Application Centre in Bangkok.

i would like to kno if there is anyway of speeding the process up because we have a child together

There isn't. Applications are dealt with on a strict 'first come, first served' basis. The published processing time for settlement applications is 10 working days, however they seem to be taking longer than this at the moment for some reason. If they want to interview her, which given her past is a distinct possibility, then the wait for an interview could be up to three months.

I can only counsel patience and make sure that you prepare the application thoroughly.

Finally, if you do wish to seek professional advice, read this thread first.

[vinny]

Remember that as you are the father the child will be both British and Thai, even if you have not yet married; provided you ensure that you are named as the father on the birth certificate and you register the birth at the ampur yourself.

Father must be British otherwise than by descent. Else, child may register to become British under either section 3(2) or subsequently 3(5).

I'm not sure if you need to register the birth at the ampur yourself, as the hospital may handle the registration.

[CharlieB]

Remember that as you are the father the child will be both British and Thai, even if you have not yet married; provided you ensure that you are named as the father on the birth certificate and you register the birth at the ampur yourself.

Father must be British otherwise than by descent. Else, child may register to become British under either section 3(2) or subsequently 3(5).

I'm not sure if you need to register the birth at the ampur yourself, as the hospital may handle the registration.

When my wife had our daughter, I had to register the baby with her father at the local amphur.

Edited March 18, 2009 by CharlieB

[CharlieB]

ok so this is a bit of a long story, but i would appreciate some advice as i cannot ifnd much specific to my situation online.

I am a british citizen living in england, and met my thai girlfriend here almost two years ago. she became pregnant around august last year and wanted to go home to see family etc and have the baby there. She had also overstyed her visa already by quite a long time. the thai embassy helped her sort out gettin back (they told her to "lose" her passport and gave her a permission to travel document).

The baby is now due in around a month and i will be flying over for 3-4 weeks for the birth. i was planning to simply get married while we are over there then help her apply for a visa, come back myself and for her to follow when the visa is done. now however we have realised she was not even divorced (her thinkin it had been done while she was in england) so she has finalised that in the last few weeks and tells me we cannot now marry for around 300 days. so i have been lookin into fiancee visas.

The question i have is mainly toward the evidence you need to provide that you have met each other and know each other and stuff. i obviously have alot of photos of us together showin when she was in england which are dated and things. but since she went to thailand, although we speak on the phone everyday, i have no evidence of this as i do not recieve itemised billing and have changed phones twice. Surely the baby will be proof enough of our relationship? or will i still need some other proof, and if so what?

also i would like to kno if there is anyway of speeding the process up because we have a child together as i want to spend as much time with them both as soon as possible. does anyone know if there is special application or type of visa for this? or anyone in a similar situation could share their experience.

i really would appreciate any advice or suggestions greatly as i feel like there is nothing i can do at the moment and the waiting around is killing me.

There is no way of speeding up the process. It is currently taking over a month, close to 2 months to process settlement visas judging by the recent posts in the forum.

As for evidence, you do need to provide lots of good evidence that you have kept up a long term genuine relationship. A few photos will help, but are by no means going to be enough. Is there no way you can get any phone records, even if it just shows regular calls to an access number for calling Thailand. Have you sent her any money and kept any receipts? Have you ever been to Thailand to see her (Visa stamps, flight details, hotel details etc)?

Barrybike pointed out that evidence that you are together is only the tip of the iceberg. You are going to have to show that you have a place for her and the baby to stay (Copies of mortgage docs, rental documents, bills) when she comes over and evidence that you have enough savings, or a job providing enough money for the three of you to live on without resorting to public funds (Payslips, bank statements, letter from employer). The process is not easy and if you go in half-arsed, you will get a rejection and lose £500.

Edited March 18, 2009 by CharlieB

[Castor83]

Hey,

Thanks for all the help folks. Sorry #i've not replied earlier but ive been tryin to get all my stuff sorted cos im flyin out there in about 12 hours time.

So far ive got an assload of paperwork to take with me. Few letters from work sayin my job title, salary and length of service and last 12 months of payslips. about a year of bank statements. no itemised billing for my phone, however i have got my phone bill everymonth which jumps from £45 a month before she left to like £150 so im hopin that will be sufficient? any ideas? got my folks to write a letter sayin its ok to stay at their house. Cos my place is a bit small and they have a massive house. and ive got copies of their morgage agreement (are copies ok?)

i think thats about it really. oh yeah ive got one of those affirmation to marry form downloaded, but i doubt we will be marrying to be honest. just got soo much goin on this trip with the baby being born i think il just have to be patient and wait a month or so. for money reasons as well...]

also does anyone kno a good place to find out if her overstay is gonna be a problem? id hate to waste £500 applying so if there is some site i can scroll through or an embassy i can call and talk to someone, it woiuld make me feel alot better...

but thanks for the feedback guys, if you anyone has any suggestions or things i missed please let me kno

[7by7]

no itemised billing for my phone, however i have got my phone bill everymonth which jumps from £45 a month before she left to like £150 so im hopin that will be sufficient? any ideas?

Should be ok, simply point out the increase in your covering letter and say this was because you have been phoning her in Thailand.

However, if you can show that you've been together in the UK then establishing the relationship should not be a problem; especially as she is pregnant by you.

got my folks to write a letter sayin its ok to stay at their house. Cos my place is a bit small and they have a massive house. and ive got copies of their morgage agreement (are copies ok?)

Copies should be fine. Have your parents described their property to confirm that there is room for you?

also does anyone kno a good place to find out if her overstay is gonna be a problem? id hate to waste £500 applying so if there is some site i can scroll through or an embassy i can call and talk to someone, it woiuld make me feel alot better...

Unfortunately any official enquiry will just elicit the response that each individual case is judged on it's own merits and the only way to find out is to apply. Even a professional adviser may be able to tell you if she had no chance, but would not be able to say for sure if she would succeed.

One big factor in her favour is that she left the UK voluntarily and is (I trust) being open and honest about her overstay in this application.

Best of luck.

[Castor83]

Thanks,

Hmm, I hadn't thought about a cover letter better get one of those written up.

Yes we are going to be open and honest about why she overstayed and stuff. I hope they will have some consideration for her reasons. I'm not sure whether to mention about the Thai Embassy in london telling her what to do to get home ok. I remember them saying something about the Law changing on 1st oct. last year. Not sure which law exactly, but they seemed to think if she went back before then she wouldn't get a record, which would stop her from applying for ten years I think she told me. I could find nothing online to back this up however.

Thank you all for your help........ 11 hours 'til wheels up

[7by7]

Simply saying that she has lost her passport will, I feel, cause suspicion in the ECOs mind. Better, I feel, to say that she did so on the advice of the RTE.

However, it's your decision.

[Mario2008]

You might have aproblem with the fathership of the child. The reason you have to wait 310 days after the divorce is beacuse if she is pregnant the child will be considered her ex-husband child. I suggest you contact a lawyer to investigate this point and see how you can become the legal father.

[Castor83]

Hey again all, so im in thailand now (love this country by the way) and we're gonna go to bangkok tomorrow to embassy to apply for the visa, which is why i'm up so late... kinda nervous.

I'm just wondering about these official translations that are required, need some for the babies passport too, where to get them? (is it near the embassy?) and also what sort of price they are, cos it seems to me anything you need for a passport or visa, you seem to get absolutely screwed for! anyone had some translations done recently?

Also just realised I had forgotten about the TB testing, so will have to try to get an appointment at that IOM place this morning. You reckon I had a chance a gettin a sameday appointment?

also...

You might have aproblem with the fathership of the child. The reason you have to wait 310 days after the divorce is beacuse if she is pregnant the child will be considered her ex-husband child. I suggest you contact a lawyer to investigate this point and see how you can become the legal father.

We already registered the birth at the Amphur place and we have a birth certificate, albeit a Thai one, which names me as the father... Can there still be a problem, or is that sorted now?

I'm gettin more confused by the second :S

[CharlieB]

Also just realised I had forgotten about the TB testing, so will have to try to get an appointment at that IOM place this morning. You reckon I had a chance a gettin a sameday appointment?

Only if you turn up and are prepared to wait around for a no-show. We did this, but we had to wait for about an hour or so until they had some slack time. We had a baby with us too and they do seem to be a bit lenient towards you in that situation.

You should be ok with the Thai birth certificate with your name on.

[snuggzzz]

In order to process your application you need to have the TB certificate. So concentrate on that first. Also, photocopy everything that you submit, so that you can refer back to paperwork should you want, questions about overstay should be openly admitted; there are translation services available in the same building.

All the best of luck.