Getting My Son To England

[jamesy]

hi...hope someone may be able to offer some advice...

I've been living and working in Thailand for over 6 years and am unfortunately not too clued up about something i frankly should be...that is my sons' right to go to England...I didn't register my sons' birth with the home office as to be blunt I was and still am very happy in Thailand. After a short visit to England recently for the 1st time in 6 years I came back to Thailand knowing that I need to get my son and his mom (my Thai girlfriend) back to England for his best chance in education and his right to experience European culture.

Here is my situation as it stands right now...

I am not married to my girlfriend but have been together for over 6 years...

My son is 4 years old - born 2004 (i think that since i didn't register him at birth this affects matters somewhat)

I do not have money or property in the UK (or in Thailand) - My girlfriend is also in the same situation

I have been given varying info from different people regarding visas and vast amounts of money to get my family back to England.

If someone out there can give me some info on the cheapest and quickest way to go about this I would be very grateful

Best wishes

James

[Mario2008]

Moved to this section as you posted in the section releted to visas for Thailand.

[InterestedObserver]

Start by getting your son a UK passport from the UK Embassy in Bangkok. Your name is on the birth certificate, isn't it? Might have to marry his mom to speed things up a little.

[jamesy]

Start by getting your son a UK passport from the UK Embassy in Bangkok. Your name is on the birth certificate, isn't it? Might have to marry his mom to speed things up a little.

Thanks for that...do I need to register him with the British home office first?

[Mario2008]

Register him at the embassy. The Embassy website should give you all details.

[InterestedObserver]

Check out UK Embassy website: Link.

[torrenova]

You sound as though you are wanting to make a move to the UK which is quite different from going for a visit.

Without going down the various European directives of not separating a mother from her baby irrespective of visa status, I don't think your girlfriend can get any permanency without being married to you. Others may be able to shed more light on this.

One of the criteria for bringing someone into the UK is that they not seek recourse to government funds. However, you say you have no money (or limited) and no property or assets in the UK. This creates some problems but they are not insurmountable. Let's have a look.

If you alone go back to the UK they are going to say that you are not resident and blah blah etc. you cannot get any benefits. This is utter rubbish but they just don't know the rules. Dig out information on the Swaddling case. Here is one reference http://www.cpag.org.uk/cro/wrb/wrb155/habitual.htm

As your son was born before July 1st 2006, this paragraph comes into force

British Fathers, who are not married, can now apply to register children who are born abroad prior to 1 July 2006, with the Home Office. Please note this is discretionary. Those applying should expect to receive a decision in approximately 4 months. The fee for this will be £400 payable in local currency plus a Consular forwarding fee of Baht 3,068. Please ask us for form MN1 or obtain it from the Border and Immigration Agency.

http://ukinthailand.fco.gov.uk/en/help-for...register-birth/

If you marry the mother then from the same reference, this paragraph comes into force

British fathers are unable to automatically transmit their nationality to children born outside of marriage before 1 July 2006 (see below). If the parents marry after the child’s birth, it is possible that the child’s birth will be “legitimated” by the parents’ marriage. In order for us to establish whether or not legitimation has taken place, both parents need to sign paternity declarations in person at the Embassy and the father to complete a “domicile questionnaire”. Please ask us for the paternity declaration forms.

The purpose of this is to establish whether the father has retained a domicile in the UK (this basically means close connections) and can therefore benefit from the provisions of British nationality law.

The fact is that you fall through a crack in the system. Immigration will say that your girlfriend would be a drain on the system as you may have to claim benefits when you return. However, the benefits people don't give a toss where she comes from as they only rate your allowance on whether you are married (no way if you are not married) or not. Thus, you are a greater drain on resources due to marriage and her being in the UK but she, directly, is a zero drain. Thus, immigration will say no but for reasons which are not aligned with what happens in the real world.

Personally, I would get married if you are serious. Then I suggest you go to the UK and get a job and rent somewhere. Save some cash and bring her and the kid over. As for amounts, well a few grand I suspect but more importantly that you have a job and somewhere for you all to live.

Best of luck.

[stbkk]

Start by getting your son a UK passport from the UK Embassy in Bangkok. Your name is on the birth certificate, isn't it? Might have to marry his mom to speed things up a little.

Thanks for that...do I need to register him with the British home office first?

The Embassy bit is very straightforward (or was when I registered my son 4 years ago). Admittedly I was married to his mum, but not until after he was born. They asked me to fill in a form asking all sorts of strange questions (where do you want to be buried, was one!), and then said I'd need an 'interview', which pretty much consisted of them asking if I'd like to stump up the 6,000 odd baht for his first passport there and then! I politely declined, and in next to no time we had his British birth certificate.

So unless things have changed dramatically, don't worry too much about that part of it.

[gregchambers]

if u r not married it will be at the discretion of the home office and will cost you around 25k baht to get a British passport for your son. u will have to write a letter stating you intend to return to the UK etc. You can also get your wife a cohabitation visa but you will need a job or money to pull it off (same as marriage visa)

If you really think about it though your son would probably be better off in Thailand, what with all those Oriental gals and an economy likely to expand quicker than the UK

[7by7]

I have been given varying info from different people regarding visas and vast amounts of money to get my family back to England.

I assume that you are talking about so-called visa agents in Thailand; most of whom are mere form fillers who are unqualified and will overcharge you and give you bad advice. Do not under any circumstances seek advice from a visa agent in Thailand unless they are also qualified, registered and regulated in the UK, i.e. appear on the OISC register of advisors, such as some of this forum's sponsors.

I do not, however, think that there is any need for you to seek professional advice as your case is actually fairly straightforward.

Firstly, you girlfriend qualifies for an unmarried partners visa. Indeed, as you have been together for over 6 years she actually qualifies not for a 2 year unmarried partner's visa, but Indefinite Leave to Enter. See Uk Settlement; Spouse Visa Or Ile? for more details on this.

You will need to show that you have been living together in a relationship akin to marriage for at least 2 years to get an unmarried partner's visa, 4 years to get ILE. Also that you can maintain and accommodate yourselves in the UK without recourse to public funds.

See:-

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

As explained by Torrenova, as your son was born prior to 1st July 2006 and you are not married to his mother he is not automatically British. As also explained by Torrenova, and here, it may be possible to legitimise his birth or otherwise obtain a British passport for him. However, this can be a lengthy process and you may prefer to obtain a child settlement visa for him and sort out his British nationality once you are in the UK.

See Chapter 14 - Settlement entry for children.

If you decide to go the visa route for him, then as mother and child are applying at the same time, whatever entry clearance the mother is given the child will receive the same.

The fee for a settlement visa is currently £515 (payable in local curency; w.e.f. 31/3/09; 26,780THB) for each application, so if you go the visa route for your son rather than a British passport you would need to pay this fee for him as well as your girlfriend. Be warned, substantial increases in the fees are in the pipeline (thank you, Gordon)!

Any other questions you may have, or clarification required, feel free to ask.

Edited March 30, 2009 by 7by7