Taking My Thai Wifes Daughter To Live In England

[hodgiebudgie]

Could someone please share their knowledge of the basics and the right and wrongs of how I apply for a settlement visa for my wifes daughter?

My current situation is I live in England with my Thai wife who I met in Thailand and married in England and have lived in England together for almost 3 years. We have a young lad (16months) who was born in England and my wife has a 7 year old daughter who was born in Thailand. My wifes daughter lives with her grandparents and she is supported financially by my wife and I.My wife is in England on her 2nd FLR as there was a timing issue with the completion of my wifes ESOL course that prevented us for applying for a ILR. My wifes daughters surname is that of her fathers who has had no contact with her all her life.

My wife is going over to Thailand in 2 weeks to prepare all the necessary ready to submit a visa application as I believe once I have all the documents prepared and applied for the visa it could be a further 3 months before a decision is made.My wife is going to fly back as soon as the visa is submitted and in an ideal world once we hopefully get a positive result we are going to fly back out with my son and then return with my wifes daughter.

I am trying to cover all angles to ensure this works first time as not only is my wife missing her daughter there is the cost of doing all this.

Any advice would be appreciated especially advice on how the best way to apply for my wifes daughters passport as her surnames in her fathers name.

Thanks

[Mario2008]

If you search you will find soem threads of people in the same situation as you and your wife.

I believe one of the first steps is to ensure that your wife has sole custody over the children OR permission from the father that the children leave Thailand an start living in the UK.

[chanthas]

Could someone please share their knowledge of the basics and the right and wrongs of how I apply for a settlement visa for my wifes daughter?

My current situation is I live in England with my Thai wife who I met in Thailand and married in England and have lived in England together for almost 3 years. We have a young lad (16months) who was born in England and my wife has a 7 year old daughter who was born in Thailand. My wifes daughter lives with her grandparents and she is supported financially by my wife and I.My wife is in England on her 2nd FLR as there was a timing issue with the completion of my wifes ESOL course that prevented us for applying for a ILR. My wifes daughters surname is that of her fathers who has had no contact with her all her life.

My wife is going over to Thailand in 2 weeks to prepare all the necessary ready to submit a visa application as I believe once I have all the documents prepared and applied for the visa it could be a further 3 months before a decision is made.My wife is going to fly back as soon as the visa is submitted and in an ideal world once we hopefully get a positive result we are going to fly back out with my son and then return with my wifes daughter.

I am trying to cover all angles to ensure this works first time as not only is my wife missing her daughter there is the cost of doing all this.

Any advice would be appreciated especially advice on how the best way to apply for my wifes daughters passport as her surnames in her fathers name.

Thanks

hello there me and the mrs will be in the same position in the near future.

my mrs was in the same situation thai father of her daughter done the flit after baby born,no contact ,

never paid any kind of upkeep,just dissapeared, nice fellow wouldnt you say.anyway 6months after there was no contact or anything

from this individual, my now wife went to the local umper to have the babys name changed to her surname ,fair enough given the circumstances,

but the staff in the umper didnt want to do this for her,simply said no cannot do,leave it at least two year and come back.

so after laeveing it three years we went back to the umper together,and still then they really didnt want to do this,then they agreed but only before they asked her many question regaurding the why the name change etc etc.

anyway they didnt change the name on the original birth cert,just give her another cert with the name change to use along side with the original,

and also changed the surname in the tabien baan,i do think this cert they gave to us will be ok to get her a new passport in my wifes maiden name.

i dont no what is up with these people in these umpers,maybe the small bit of power that they have goes to there heads.or maybe i forgot the

brown envolope under the table,silly me

[7by7]

You will need to show that:-

The child will be adequately maintained and accommodated in the UK

Your wife has sole custody or the father is dead (the father's permission is not enough, Mario)

Your wife has been exercising sole responsibility over the child.

See SET07 - Children, paying particular attention to Para SET7.8 What is sole responsibility?

[learningcurve]

As always, good advice by 7by7. May I add that last year a friend of mine was in a similar situation, and with reference to 'sole custody' he was informed by his laywer that: If the mother and father of the child was legally married at the time of the child's birth, then they would need the permission of the father for the child leave the country, however if the mother and father were not legally married at the time of the child's birth then the mother has sole custody of the child and it does not matter who's name is on the birth certificate or what the child's family name is. A letter of confirmation of sole custody can be applied for at the Amphur after showing proof of relationship (mother/child) and marital status at the time of birth.

Good luck.

[7by7]

with reference to 'sole custody' he was informed by his laywer that: If the mother and father of the child was legally married at the time of the child's birth, then they would need the permission of the father for the child leave the country, however if the mother and father were not legally married at the time of the child's birth then the mother has sole custody of the child and it does not matter who's name is on the birth certificate

This may satisfy the requirements of Thai law, but it would not satisfy the UK immigration rules, I'm afraid.

If a parent is applying for settlement in the UK for their child without the other parent, then they must provide either the other parent's death certificate or a document granting them sole custody; in Thailand this could be issued either by an ampur or a court.

That the parents were not married does not change this.

[hodgiebudgie]

with reference to 'sole custody' he was informed by his laywer that: If the mother and father of the child was legally married at the time of the child's birth, then they would need the permission of the father for the child leave the country, however if the mother and father were not legally married at the time of the child's birth then the mother has sole custody of the child and it does not matter who's name is on the birth certificate

This may satisfy the requirements of Thai law, but it would not satisfy the UK immigration rules, I'm afraid.

If a parent is applying for settlement in the UK for their child without the other parent, then they must provide either the other parent's death certificate or a document granting them sole custody; in Thailand this could be issued either by an ampur or a court.

That the parents were not married does not change this.

Thanks for that, I have just printed off the SET07 and will read through tonight.

Some of the factors it states we should consider in SET7.8 are predominantly based upon the parents marriage status which in my wifes case they were never married. My wifes parents have taken care of the day to day upbringing of her daughter since she migrated to England with daily contact by phone from my wife and financial support from the both us i.e schooling, clothes, toys.

[Mario2008]

If your wife was never marreid to the child's biological father, there is a good chance he doesn't have costudy over the child.

To gain costudy the father would have had to register the birth of the child in person at the amphur. if anybody alse then the father registered the birth, he is not the legal father and will not have costudy.

Sole costudy can be esteablished with form Por Khor 14 from the amphur.

[hodgiebudgie]

If your wife was never marreid to the child's biological father, there is a good chance he doesn't have costudy over the child.

To gain costudy the father would have had to register the birth of the child in person at the amphur. if anybody alse then the father registered the birth, he is not the legal father and will not have costudy.

Sole costudy can be esteablished with form Por Khor 14 from the amphur.

Just spoke to my wife and it appears that probably the only thing he has done after my wifes daughter was born was to go to the amphur and register the birth himself. The last 7 years he has had no involvement.

[7by7]

My wifes parents have taken care of the day to day upbringing of her daughter since she migrated to England with daily contact by phone from my wife and financial support from the both us i.e schooling, clothes, toys.

That should be fine for sole responsibility. Explain this in your covering letter and provide as much evidence as you can; phone bills etc.

As the father is named on the birth certificate you will need to show your wife has sole custody. If he is contactable and agreeable this can be sorted very quickly by him and your wife attending the local ampur, as Mario says.

However, if he is not contactable or does not agree then it may be more difficult; depending on where your wife's family lives. If in a rural area it may be that the ampur will issue sole custody without the father's agreement or involvement; especially after 7 years.

But, my wife lived in Bangkok. Her ex refused to cooperate and she had to go to court to get custody of her children; a process which took over a year; mainly because he didn't turn up to the hearing so it was adjourned. He didn't turn up to the next one, so that was adjourned, and so on! Eventually the court lost patience with him and it was heard in his absence.

Sorry to be negative, and I hope your wife doesn't have to go through this process; but forewarned is forearmed.

[hodgiebudgie]

My wifes parents have taken care of the day to day upbringing of her daughter since she migrated to England with daily contact by phone from my wife and financial support from the both us i.e schooling, clothes, toys.

That should be fine for sole responsibility. Explain this in your covering letter and provide as much evidence as you can; phone bills etc.

As the father is named on the birth certificate you will need to show your wife has sole custody. If he is contactable and agreeable this can be sorted very quickly by him and your wife attending the local ampur, as Mario says.

However, if he is not contactable or does not agree then it may be more difficult; depending on where your wife's family lives. If in a rural area it may be that the ampur will issue sole custody without the father's agreement or involvement; especially after 7 years.

But, my wife lived in Bangkok. Her ex refused to cooperate and she had to go to court to get custody of her children; a process which took over a year; mainly because he didn't turn up to the hearing so it was adjourned. He didn't turn up to the next one, so that was adjourned, and so on! Eventually the court lost patience with him and it was heard in his absence.

Sorry to be negative, and I hope your wife doesn't have to go through this process; but forewarned is forearmed.

Thanks again.

My wife has spoke to her daughters father this morning and he as agreed to go to the Amphur and sign the necessary. 2 of the 'bosses' from her village and neighbouring village have said they would go also.

Assuming he does as he has said would it be hard work and timely to change my wifes daughters surname from her dads to my wifes maiden name?

[chanthas]

My wifes parents have taken care of the day to day upbringing of her daughter since she migrated to England with daily contact by phone from my wife and financial support from the both us i.e schooling, clothes, toys.

That should be fine for sole responsibility. Explain this in your covering letter and provide as much evidence as you can; phone bills etc.

As the father is named on the birth certificate you will need to show your wife has sole custody. If he is contactable and agreeable this can be sorted very quickly by him and your wife attending the local ampur, as Mario says.

However, if he is not contactable or does not agree then it may be more difficult; depending on where your wife's family lives. If in a rural area it may be that the ampur will issue sole custody without the father's agreement or involvement; especially after 7 years.

But, my wife lived in Bangkok. Her ex refused to cooperate and she had to go to court to get custody of her children; a process which took over a year; mainly because he didn't turn up to the hearing so it was adjourned. He didn't turn up to the next one, so that was adjourned, and so on! Eventually the court lost patience with him and it was heard in his absence.

Sorry to be negative, and I hope your wife doesn't have to go through this process; but forewarned is forearmed.

Thanks again.

My wife has spoke to her daughters father this morning and he as agreed to go to the Amphur and sign the necessary. 2 of the 'bosses' from her village and neighbouring village have said they would go also.

Assuming he does as he has said would it be hard work and timely to change my wifes daughters surname from her dads to my wifes maiden name?

hello there as i sai in my other post my wife did change her babys surname from the absent fathers name to her(wifes maiden name)but i think they made it quite difficult but anyway it can be done,but that was her local umper maybe it just depends on who you get to speak at your wifes umper.also my wife wasnt legaly married to him,but he registerd the baby.

[hodgiebudgie]

My wifes parents have taken care of the day to day upbringing of her daughter since she migrated to England with daily contact by phone from my wife and financial support from the both us i.e schooling, clothes, toys.

That should be fine for sole responsibility. Explain this in your covering letter and provide as much evidence as you can; phone bills etc.

As the father is named on the birth certificate you will need to show your wife has sole custody. If he is contactable and agreeable this can be sorted very quickly by him and your wife attending the local ampur, as Mario says.

However, if he is not contactable or does not agree then it may be more difficult; depending on where your wife's family lives. If in a rural area it may be that the ampur will issue sole custody without the father's agreement or involvement; especially after 7 years.

But, my wife lived in Bangkok. Her ex refused to cooperate and she had to go to court to get custody of her children; a process which took over a year; mainly because he didn't turn up to the hearing so it was adjourned. He didn't turn up to the next one, so that was adjourned, and so on! Eventually the court lost patience with him and it was heard in his absence.

Sorry to be negative, and I hope your wife doesn't have to go through this process; but forewarned is forearmed.

Thanks again.

My wife has spoke to her daughters father this morning and he as agreed to go to the Amphur and sign the necessary. 2 of the 'bosses' from her village and neighbouring village have said they would go also.

Assuming he does as he has said would it be hard work and timely to change my wifes daughters surname from her dads to my wifes maiden name?

hello there as i sai in my other post my wife did change her babys surname from the absent fathers name to her(wifes maiden name)but i think they made it quite difficult but anyway it can be done,but that was her local umper maybe it just depends on who you get to speak at your wifes umper.also my wife wasnt legaly married to him,but he registerd the baby.

Cheers, our situation is similar then, as my wasn't (isn't) married to him and it was he who registered the birth.

[7by7]

Your wife may, for understandable reasons, want to change her daughter's surname, but as far as the visa application is concerned it is not necessary.

When my wife, finally, got sole custody of her children from the court she went straight to the Ampur to change their surname's. Took about 30 minutes and most of that was queuing. It was also free.