Child Settlement Visa

[vanfan39]

My friend is going through the process of doing the child cettlement visa for his wifes 2 children,....now listen to this for a nightmare story, after waiting 3 months for his application he logged on to the track your application part of the visa application centre and got the message your passport is ready for collection so he assumed that the visas had been approved and just needed to be picked up....so he booked 3 1 way flights for his wife and 2 children (his wife had stayed on a extra 2 months to bring the children home ...his wife has been here 2 and half years) when his wife and kids went down to bangkok (11 hours by bus) to pick up the visa and fly out later that day, when she open the envolope " no visas" and the application had been denied..(she is flying into manchester today so we will know why better...the kids had to go back to the village "heart broke") he as wasted £1300 on the flights which he cant get back....and he is gutted about not seeing his step daughters...does anybody know what the prosedure is when you get that message on the visa application centre website becauce it his very misleading who do you have to ring a to find out if the visa has been approved or not...most people who apply are back in the uk becauce of the amount of time it takes to process the visa...i applied for my wifes daughters visa 2 weeks after my friend and need to know what happens next...this has been very costly for my friend and will now have to go down the appeal line....any advice most welcome

[Boo]

Without the reason of refusal it is very hard to give any advice.

Once you have more info please update but if he feels it was refused in error he should call the embassy directly to ask for a senior eco to review it & if that doesn't work submit an appeal immediately.

[ThaiVisaExpress]

Its correct always wait until you open your documents your visa is not guaranteed, it is just advising you that a decision has been made in his case it was very bad news.

You can go down the appeal route if you do this i suggest you use a qualified adviser at level 2 and above Davis Khan deal with entry clearance appeals we do not.

Edited June 26, 2009 by ThaiVisaExpress

[Thongkorn]

My friend is going through the process of doing the child cettlement visa for his wifes 2 children,....now listen to this for a nightmare story, after waiting 3 months for his application he logged on to the track your application part of the visa application centre and got the message your passport is ready for collection so he assumed that the visas had been approved and just needed to be picked up....so he booked 3 1 way flights for his wife and 2 children (his wife had stayed on a extra 2 months to bring the children home ...his wife has been here 2 and half years) when his wife and kids went down to bangkok (11 hours by bus) to pick up the visa and fly out later that day, when she open the envolope " no visas" and the application had been denied..(she is flying into manchester today so we will know why better...the kids had to go back to the village "heart broke") he as wasted £1300 on the flights which he cant get back....and he is gutted about not seeing his step daughters...does anybody know what the prosedure is when you get that message on the visa application centre website becauce it his very misleading who do you have to ring a to find out if the visa has been approved or not...most people who apply are back in the uk becauce of the amount of time it takes to process the visa...i applied for my wifes daughters visa 2 weeks after my friend and need to know what happens next...this has been very costly for my friend and will now have to go down the appeal line....any advice most welcome

Sorry you have lost your money ,Visas are not Garanteed, Never book any flight untill you have the visa stamp in your passport.As thai visa says is correct

[vanfan39]

Without the reason of refusal it is very hard to give any advice.

Once you have more info please update but if he feels it was refused in error he should call the embassy directly to ask for a senior eco to review it & if that doesn't work submit an appeal immediately.

They have said that the children are settled with the aunt and uncle and that is the best place for them.(i have yet to read the refusal myself) and that they have not made enough visits back to thailand to see the girls (they have been twice in 2 years) and that they sould go 3 / 4 times a year (who can afford that) or get the time off work...they have not been turned down over money or accomadation reasons so this seems a little unfair surley the kids have a right to say who thay want to live with they were not offered a interview so how can the eco officer make that decision....he is summiting a appeal and seeking legal advice....anybody any othere ideas

[vanfan39]

Sorry you have lost your money ,Visas are not Garanteed, Never book any flight untill you have the visa stamp in your passport.As thai visa says is correct

i understand what you are saying but i think the uk borders website is misleading ...what if you have no one in thailand to go check wether the visa has been approved or denied...

[7by7]

This sounds like they failed to satisfy the sole responsibility requirement (not sole custody; that's different).

Your friend should submit the notice of appeal immediately, and seek advice from someone qualified. That is an OISC registered adviser (tier 2 or above) or an immigration solicitor in the UK.

Do not let him fall into the clutches of one of the many unqualified con artists masquerading as immigration agents or lawyers in Thailand. They will not be able to help, but will still take his money!

[7by7]

what if you have no one in thailand to go check wether the visa has been approved or denied...

To apply for the visa, you have to be in Thailand!

I know this was two children's application, but you say their mother was in Thailand with them. If she hadn't been, then their guardian could have collected the result.

All the official advice is to not purchase tickets until you are sure you have the visa.

[ThaiVisaExpress]

One thing of note here if the children have formed an independent life away from the family unit then it can be refused which looks the case here.

Things they will take into account :

How long they have been separated as a family

Previous arrangements for the child before the Mother entered the UK

Who has had day to day care of the children since the sponsor arrived in the UK.

Who supports the children financially

Who takes important decisions on a daily basis

And the degree of contact from the parent claiming sole responsibility

And what role other relatives have had in the child's upbringing

You can appeal as we don't get involved in appeals i can put you in contact with a professional who may be able to help you in this matter.

Good luck

[vanfan39]

what if you have no one in thailand to go check wether the visa has been approved or denied...

To apply for the visa, you have to be in Thailand!

I know this was two children's application, but you say their mother was in Thailand with them. If she hadn't been, then their guardian could have collected the result.

All the official advice is to not purchase tickets until you are sure you have the visa.

i know you have to apply in person but because the visa takes 3 months most people have to be back in england...i know in my case my wifes mother is the tempory guardion but she doesnt have a clue how to do anything she is 68 and never been to bangkok and would not not know were to start

[7by7]

The applicant can't be back in England because they don't have a visa yet!

In the case of a child, if the parent has returned to the UK then surely they have left their child with a responsible person. If this person is not capable of collecting and opening an envelope, then how can they be capable of looking after a child?

[ThaiVisaExpress]

Without the GV51 we are not aware of the full facts but you may draw your own conclusions as to what has happened here.

I think he needs professional help with this case.

[CharlieB]

My friend is going through the process of doing the child cettlement visa for his wifes 2 children,....now listen to this for a nightmare story, after waiting 3 months for his application he logged on to the track your application part of the visa application centre and got the message your passport is ready for collection so he assumed that the visas had been approved and just needed to be picked up....so he booked 3 1 way flights for his wife and 2 children (his wife had stayed on a extra 2 months to bring the children home ...his wife has been here 2 and half years) when his wife and kids went down to bangkok (11 hours by bus) to pick up the visa and fly out later that day, when she open the envolope " no visas" and the application had been denied..(she is flying into manchester today so we will know why better...the kids had to go back to the village "heart broke") he as wasted £1300 on the flights which he cant get back....and he is gutted about not seeing his step daughters...does anybody know what the prosedure is when you get that message on the visa application centre website becauce it his very misleading who do you have to ring a to find out if the visa has been approved or not...most people who apply are back in the uk becauce of the amount of time it takes to process the visa...i applied for my wifes daughters visa 2 weeks after my friend and need to know what happens next...this has been very costly for my friend and will now have to go down the appeal line....any advice most welcome

I feel sorry for your mate not having got the visa's for the kids, but to be honest his monetary loss is all his own fault.

There are only 2 messages that ever appear on the tracking website. The first tells you that the passport/application has been sent across to the embassy. The second says it has been sent back to the vfs centre and is therefore ready for collection. Nowhere on the site does it mislead you into thinking that you have definitely got the visa.

The site is not run by the UK Border Authority, it's run by a third party company that facilitates the collection/filtering of UK visas to allow the embassy staff to concentrate on actually making decisions. The company that updates the website doesn't know the decision of any visa as they are all sent back from the embassy in sealed envelopes.

You can't phone anyone for the decision, you either request the passport is couriered to you, or collect it yourself. Your mate has lost his money by jumping the gun. If he had waited for the actual passports to be picked up then he'd have saved himself a lot of money. Contrary to your statement, most people who apply for visas are not back in the UK, they are in Thailand as their passport is in the UK embassy and they can't travel without one.

[CharlieB]

The applicant can't be back in England because they don't have a visa yet!

In the case of a child, if the parent has returned to the UK then surely they have left their child with a responsible person. If this person is not capable of collecting and opening an envelope, then how can they be capable of looking after a child?

To be honest, there's a lot of difference between feeding and caring for kids on a day to day basis and travelling down to Bangkok, visiting the vfs centre and collecting a visa application on behalf of someone else. Most old folks in Thailand will be well versed in taking care of kids, but many of them will not have travelled down to Bangkok and navigated themselves around a big city.

[7by7]

I apparently have a higher opinion of the abilities of the average Thai than some!

Surely there must be someone who is capable of collecting the passport from the VAC or courier, and in this case the mother was still in Thailand.

I simply don't see why this would be difficult.

[vanfan39]

My friend is going through the process of doing the child cettlement visa for his wifes 2 children,....now listen to this for a nightmare story, after waiting 3 months for his application he logged on to the track your application part of the visa application centre and got the message your passport is ready for collection so he assumed that the visas had been approved and just needed to be picked up....so he booked 3 1 way flights for his wife and 2 children (his wife had stayed on a extra 2 months to bring the children home ...his wife has been here 2 and half years) when his wife and kids went down to bangkok (11 hours by bus) to pick up the visa and fly out later that day, when she open the envolope " no visas" and the application had been denied..(she is flying into manchester today so we will know why better...the kids had to go back to the village "heart broke") he as wasted £1300 on the flights which he cant get back....and he is gutted about not seeing his step daughters...does anybody know what the prosedure is when you get that message on the visa application centre website becauce it his very misleading who do you have to ring a to find out if the visa has been approved or not...most people who apply are back in the uk becauce of the amount of time it takes to process the visa...i applied for my wifes daughters visa 2 weeks after my friend and need to know what happens next...this has been very costly for my friend and will now have to go down the appeal line....any advice most welcome

I feel sorry for your mate not having got the visa's for the kids, but to be honest his monetary loss is all his own fault.

There are only 2 messages that ever appear on the tracking website. The first tells you that the passport/application has been sent across to the embassy. The second says it has been sent back to the vfs centre and is therefore ready for collection. Nowhere on the site does it mislead you into thinking that you have definitely got the visa.

The site is not run by the UK Border Authority, it's run by a third party company that facilitates the collection/filtering of UK visas to allow the embassy staff to concentrate on actually making decisions. The company that updates the website doesn't know the decision of any visa as they are all sent back from the embassy in sealed envelopes.

You can't phone anyone for the decision, you either request the passport is couriered to you, or collect it yourself. Your mate has lost his money by jumping the gun. If he had waited for the actual passports to be picked up then he'd have saved himself a lot of money. Contrary to your statement, most people who apply for visas are not back in the UK, they are in Thailand as their passport is in the UK embassy and they can't travel without one.

when i said people who apply for the visas are back in the uk im meant the sponsers...i am very surprised at some of the comments on here 1 or 2 people are talking with a condersending tone.. lets not forget this a every day joe trying to do the right thing by his family ( not a imagration lawyer)

[vanfan39]

I apparently have a higher opinion of the abilities of the average Thai than some!

Surely there must be someone who is capable of collecting the passport from the VAC or courier, and in this case the mother was still in Thailand.

I simply don't see why this would be difficult.

in his case yes there was he simply did not know the procedure

[vanfan39]

The applicant can't be back in England because they don't have a visa yet!

In the case of a child, if the parent has returned to the UK then surely they have left their child with a responsible person. If this person is not capable of collecting and opening an envelope, then how can they be capable of looking after a child?

What a stupid comment..(i cant even be bothered to put you straight on that)

[7by7]

The sponsor cannot collect the visa, so whether or not they are back in the UK is irrelevent.

When my sister-in-law, who left school at 12, applied for her visit visa she understood perfectly, without my help, the instructions given to her by the VAC staff regarding collecting her passport. I assume that your average Thai is intelligent enough to do likewise.

All the official advice, not only on the VAC website but also on all the government ones, is to not pay for tickets until you are sure you have the visa.

Sorry, but it appears your mate made a blunder and you and he are now trying to blame someone else. We all make mistakes and the mature way of dealing with them is to learn by it so one doesn't make the same mistake again.

[vanfan39]

The sponsor cannot collect the visa, so whether or not they are back in the UK is irrelevent.

When my sister-in-law, who left school at 12, applied for her visit visa she understood perfectly, without my help, the instructions given to her by the VAC staff regarding collecting her passport. I assume that your average Thai is intelligent enough to do likewise.

All the official advice, not only on the VAC website but also on all the government ones, is to not pay for tickets until you are sure you have the visa.

Sorry, but it appears your mate made a blunder and you and he are now trying to blame someone else. We all make mistakes and the mature way of dealing with them is to learn by it so one doesn't make the same mistake again.

we know he has made a blunder i myself have learned from his costly mistake...anyway here another question i today recieved a e-mail from the embassy (we are doing a child settlement visa to) asking for a copy of my wifes full passport so the could check her immigration status...she is on a 2 year spouse visa planning on doing her british test soon and applying for her ILR visa will this go against her (only havin a 2 year spouse visa) we have a child together born here in the uk and she is 16 weeks pregnant with our 2nd child

[7by7]

She can apply to have her child(ren) join her at anytime, as long as she is legally resident in the UK, spouse visa or ILR or whatever doesn't matter.

You say that she is applying for ILR; when? She must send her passport with the ILR application and the UKBA will hold onto it until the ILR decision is made. If she asks for her passport back before this then the ILR application will be treated as withdrawn and you will lose the fee.

Edit.

Second paragraph redundant, didn't notice the word 'soon' with regards to LitUK test and ILR application!

(We all make mistakes.)

Edited June 29, 2009 by 7by7

[vanfan39]

She can apply to have her child(ren) join her at anytime, as long as she is legally resident in the UK, spouse visa or ILR or whatever doesn't matter.

You say that she is applying for ILR; when? She must send her passport with the ILR application and the UKBA will hold onto it until the ILR decision is made. If she asks for her passport back before this then the ILR application will be treated as withdrawn and you will lose the fee.

Edit.

Second paragraph redundant, didn't notice the word 'soon' with regards to LitUK test and ILR application!

(We all make mistakes.)

lol....ok ok she is planning to do it in december when hopefully all is settled with the child visa

[ThaiVisaExpress]

[AnyaDharu]

Sorry to hear this story ...

May I share some of my experience about children's settlement visa and this information might be useful for your friend's wife.

I was in Thailand a couple month ago to apply my children's settlement visa with fully evidence of documents supplied.

I would like to reckon your mate to pass on this information from me to his wife about how to prepare all the documents supply for children's settlement visa to UK.

I know that different people they have difference circumstances, but one thing is the same to all mother by nature is caring for their chil(dren) in any situation. I am Thai woman who married with British husband and both of us live in the UK. I left my children in Thiland with my parents for 3 years before I could submitted their settlement visa . I couldn't do it earlier because my ex had sole respontsibility to my children which he never does morally to my children, only came to visit my children at my parent's house time to time with toys supplied but day to day basic was with my parents to cared for them everything ie., school run, food supply at home, general homework, and caring for daily life etc,

I try to arranged and collected all the paper work at all the time I lived separate from my kids in the past 3 years. I went to Thailand once a year every year, and the kids got support from their father came to visited me in the UK once a year every year as well. We are just a normal middle calss people.

My son who is now 13 years of ages, had always wrote his daily diary when we lived apart about how he missed me, and therefore that was a supurb evidence which I think was helped a lot.

I never had right to custody my children because my ex didn't let me, but after sometime I found out that he hadn't look after my children well as he promised, so I went back to Thailand and took him to the Thai court and got sole responsibility out of him which he agreed.

I made a lot of efford for every step toward of sole responsibility to my children carefully, not only a moral support but also taught them their homeworks via internet (Skype or MSN) and I print out all what we've chatted and supplied that to the UK embassy as well. (between me and the kids). My husband and I wrote the covering letter explicited about my children's life in day to day basics, and explained why and when and what and where ... etc., including point in to the papers/pictures too.

What I want to suggest is your friend's wife must show a lot of caring toward her children, collect all the evidence when keep in touch with her children as much as she can, even though she couldn't go back to Thailand to see her children but she should show that she has been support her children morally and mentally too.

I only sent money to show support my kids twice a year and only in the last year before I submitted their settlement visa this year because my kids and my parents didn't need money to support them, but I had support my children everyday and only my decision about children's life had been accepted at my parents's house , including verbally and mentally support at all time when my children needed me and that shown from my children drawing pictures about me, daily diary writen by the kids, telephone bill, and internet chat, homework taught (can print out as a sheet/pictures/any information you teach them), their pictures in the UK every year with me and my husband etc.,

When I collected all the evidence of paper work enough then I was ready to apply their settlement visa in early this year.

Anyway, in this point you friend and his wife shouldn't careless about anything in this children settlement visa case because anything can go wrong at anytime. Your friend's wife should and must study UKBA website very well before she starts to apply her children settlement visa once again later this year or whenever.

I was in Thailand to waited for my children's settlement visa alone after my british husband had gone back to the UK because of work commitment, but he understood. I also have a secure job in the UK and my employer had to waited for my return to work, and they did. So many facts that the UK embassy in Thailand will look to see in your documents that supply to the children's settlement application.

Now, my children are settle in the UK with me and my husband, they got in to the school straightaway when they arrived. They are really happy to be with me and my husband and that is the important for the kids.

Only I want to say to your's friend's wife is ... Please do not careless about anything.

Hope your friend's wife will get a settlement visa for her children soon.

Best wishes,

AnyaDharu

Edited June 30, 2009 by AnyaDharu

[vanfan39]

Sorry to hear this story ...

May I share some of my experience about children's settlement visa and this information might be useful for your friend's wife.

I was in Thailand a couple month ago to apply my children's settlement visa with fully evidence of documents supplied.

I would like to reckon your mate to pass on this information from me to his wife about how to prepare all the documents supply for children's settlement visa to UK.

I know that different people they have difference circumstances, but one thing is the same to all mother by nature is caring for their chil(dren) in any situation. I am Thai woman who married with British husband and both of us live in the UK. I left my children in Thiland with my parents for 3 years before I could submitted their settlement visa . I couldn't do it earlier because my ex had sole respontsibility to my children which he never does morally to my children, only came to visit my children at my parent's house time to time with toys supplied but day to day basic was with my parents to cared for them everything ie., school run, food supply at home, general homework, and caring for daily life etc,

I try to arranged and collected all the paper work at all the time I lived separate from my kids in the past 3 years. I went to Thailand once a year every year, and the kids got support from their father came to visited me in the UK once a year every year as well. We are just a normal middle calss people.

My son who is now 13 years of ages, had always wrote his daily diary when we lived apart about how he missed me, and therefore that was a supurb evidence which I think was helped a lot.

I never had right to custody my children because my ex didn't let me, but after sometime I found out that he hadn't look after my children well as he promised, so I went back to Thailand and took him to the Thai court and got sole responsibility out of him which he agreed.

I made a lot of efford for every step toward of sole responsibility to my children carefully, not only a moral support but also taught them their homeworks via internet (Skype or MSN) and I print out all what we've chatted and supplied that to the UK embassy as well. (between me and the kids). My husband and I wrote the covering letter explicited about my children's life in day to day basics, and explained why and when and what and where ... etc., including point in to the papers/pictures too.

What I want to suggest is your friend's wife must show a lot of caring toward her children, collect all the evidence when keep in touch with her children as much as she can, even though she couldn't go back to Thailand to see her children but she should show that she has been support her children morally and mentally too.

I only sent money to show support my kids twice a year and only in the last year before I submitted their settlement visa this year because my kids and my parents didn't need money to support them, but I had support my children everyday and only my decision about children's life had been accepted at my parents's house , including verbally and mentally support at all time when my children needed me and that shown from my children drawing pictures about me, daily diary writen by the kids, telephone bill, and internet chat, homework taught (can print out as a sheet/pictures/any information you teach them), their pictures in the UK every year with me and my husband etc.,

When I collected all the evidence of paper work enough then I was ready to apply their settlement visa in early this year.

Anyway, in this point you friend and his wife shouldn't careless about anything in this children settlement visa case because anything can go wrong at anytime. Your friend's wife should and must study UKBA website very well before she starts to apply her children settlement visa once again later this year or whenever.

I was in Thailand to waited for my children's settlement visa alone after my british husband had gone back to the UK because of work commitment, but he understood. I also have a secure job in the UK and my employer had to waited for my return to work, and they did. So many facts that the UK embassy in Thailand will look to see in your documents that supply to the children's settlement application.

Now, my children are settle in the UK with me and my husband, they got in to the school straightaway when they arrived. They are really happy to be with me and my husband and that is the important for the kids.

Only I want to say to your's friend's wife is ... Please do not careless about anything.

Hope your friend's wife will get a settlement visa for her children soon.

Best wishes,

AnyaDharu

Thanks for your story and i will pass it on to my friend, you make a lot of good points, she did ring them 2/3 times a week but dont have internet so cant do skype...they have appealed the decsion and it will probably take 10/12 weeks before it is looked at again so i will tell them to get the extra subbmission evidence they need....

Thanks again for your kind post