Spousal Visa With Child As Dependant

[Mariann]

Hello, I will apply for spousal visa with my son as dependant, my husband british citizen present in UK ( step father of my son) will be our sponsor .

I prepared 2 folders one for our as couple and other for my son:

Checklist child as dependant ( 11 years old):

1_Passport, birth certificate and copy, form ,letters from my husband as sponsor

2_ Legal sole custody and copy1 september 2009 but inside father agree my child always have been with me and I have been sole responsable withtout any support from him

3_proofs of sole responsability ( 5 reports school each three months where is my sign every year , legalized copys of medical prescriptions,some recipes from pharmacys, librarys,market.)

4_Legalized Permission from my son ´s biological father, for to live in UK untill21 years old,get visas citizenship and all the necesary for live there ( and copy)

5_Legalized permission from my son´s father for to travel outside my country ,any country untill 21 years old

6_Accomodation : tenancy agreement , pictures,letters from landlord telling my son and me can live there

7_Emails to council asking for schools as part of arragment, pictures from his bedroom as part of arrangment

8_Bank statement, wage slips,tax, health care from my husband as sponsor

Questions:

1 )Do I need to add my letters as mother and a copy from my bank statement, tax if I am not the sponsor ?( b.statement and tax I added in my folder)

2 )Beeing so recently the sole custody do you think I will have some trouble? because I have one provisory custody from july 2005 but it is just a copy do you thing I have to add the both custody or with the recently is ok?

Thank you so much

[CharlieB]

2 )Beeing so recently the sole custody do you think I will have some trouble? because I have one provisory custody from july 2005 but it is just a copy do you thing I have to add the both custody or with the recently is ok?

I don't think it should be a problem. They are looking to see that you have sole custody, not when you got it. Include all paperwork just to be safe. It is better to include things you think they may require than to exclude them. By including it you are at least supplying the ECO with all the relevant info, even if he doesn't specifically require it. Don't give them an excuse to reject your application. I don't think you will find anyone who has had a visa application rejected for including too much information, but there are many who have had rejections for missing information.

[ThaiVisaExpress]

Again sole custody is just a document.

Sole responsibility is what they are looking for you to demonstrate people get confused thinking that sole custody is the priority they are two totally separate things.

The ECO will be looking for you to demonstrate you have sole responsibility the child is applying for settlement in the UK with the mother.

You look to have everything covered why just a picture of the bedroom ??

May i ask why until he is 21 he will be an adult and hold a UK passport hopefully and he is free to make his own decisions ?

I think you will find the mother/Relative may sponsor the child it does not matter which however i would think financially the husband will be the main earner so to speak.

Check the document guidance.

In applications from children, the sponsor is the parent or relative who you will live with.

Good Luck

[orchidofsiam]

Sole custody is a matter of fact, not just a piece of paper. It is irrelevant how long sole custody has been existing as long as it is existing at the time of application. Proof of financial support is vital as well.

[Mariann]

Again sole custody is just a document.

Sole responsibility is what they are looking for you to demonstrate people get confused thinking that sole custody is the priority they are two totally separate things.

The ECO will be looking for you to demonstrate you have sole responsibility the child is applying for settlement in the UK with the mother.

You look to have everything covered why just a picture of the bedroom ??

May i ask why until he is 21 he will be an adult and hold a UK passport hopefully and he is free to make his own decisions ?

I think you will find the mother/Relative may sponsor the child it does not matter which however i would think financially the husband will be the main earner so to speak.

Check the document guidance.

In applications from children, the sponsor is the parent or relative who you will live with.

Good Luck

Because in my country he is adult later 21 years old and now for example in UK someone can ask a visa fiance later 21 years old so in doubt was better to write 21 .

One or more pics from his future own bedroom and anothers from the rest of the house )

I wrote one because we are waiting untill new bed come for my husband send me pics

Thank you for the advice

[7by7]

As you have legal sole custody, then permission from his biological father is not required for anything!

However, as you have these permissions you may as well include them.

Your bank statements etc. will not be a lot of use, as presumably you will be leaving whatever job you have in Thailand when you both move to the UK. So your husband needs to show that he can support you both. However, if his income is insufficient for this then do include your statements to show that you have enough savings to tide you over until you find work in the UK.

On the sole responsibility question; you should be OK, but who has the boy been living with? If you, then provide any proof of this you may have, if someone else then a brief note to say why.

You seem to have everything else covered, but may find the following useful:-

Maintenance and accommodation

Settlement; Spouses

Settlement; Children

[Mariann]

As you have legal sole custody, then permission from his biological father is not required for anything!

However, as you have these permissions you may as well include them.

Your bank statements etc. will not be a lot of use, as presumably you will be leaving whatever job you have in Thailand when you both move to the UK. So your husband needs to show that he can support you both. However, if his income is insufficient for this then do include your statements to show that you have enough savings to tide you over until you find work in the UK.

On the sole responsibility question; you should be OK, but who has the boy been living with? If you, then provide any proof of this you may have, if someone else then a brief note to say why.

You seem to have everything else covered, but may find the following useful:-

Maintenance and accommodation

Settlement; Spouses

Settlement; Children

Thank you for your advice ,I just have been separated from my son 45 days for to go to UK to marry my husband and while my mother has been caring of my son .During the 45 days I have been calling my son for twice every day ( I will show it) but I dont know what else to add as proof of sole responsability it is dificult because I dont keep normally receipts because ,nobody will pay me back.

[7by7]

If parent and child have been living together, then sole responsibility is generally taken as read; it certainly was as far as my wife and step-daughter were concerned; all we provided was the birth certificate, sole custody document and a letter from her school to confirm her address.

It may be worth your husband pointing out in his sponsor's letter, though, that you wont have much evidence of sole responsibility as you and your son have been living together; apart from a short period away whilst you have been in the UK and he staying with his gran.

From the information you have given here, I can't foresee any problem.

[ThaiVisaExpress]

Sole custody is a matter of fact, not just a piece of paper. It is irrelevant how long sole custody has been existing as long as it is existing at the time of application. Proof of financial support is vital as well.

However do you not agree sole responsibility and sole custody are separate issues ?

You have to demonstrate you have sole responsibility of the child even if you hold the sole custody paper ?

[RobinHolmes]

Useful information can be found here http://www.vfs-uk-th.com/thai/index.aspx It will take up to 3 months to get your Visa's from when all the forms and documents are submitted to the British Embassy. A friend has just been through the same as you (mother and child wanting to go to uk) and although straightforward it does take a long time. For my wife to come to the uk two years ago, it only took a matter of days but now they say "at least 3 months".

[Mariann]

Again sole custody is just a document.

Sole responsibility is what they are looking for you to demonstrate people get confused thinking that sole custody is the priority they are two totally separate things.

The ECO will be looking for you to demonstrate you have sole responsibility the child is applying for settlement in the UK with the mother.

You look to have everything covered why just a picture of the bedroom ??

May i ask why until he is 21 he will be an adult and hold a UK passport hopefully and he is free to make his own decisions ?

I think you will find the mother/Relative may sponsor the child it does not matter which however i would think financially the husband will be the main earner so to speak.

Check the document guidance.

In applications from children, the sponsor is the parent or relative who you will live with.

Good Luck

Thank you for the advice about the anothers matters but about sole custody , when ECO sent me the visa fiance refused they wrote :"outside this application I note your son will intend join you in UK I advice SOLE CUSTODY AND LETTERS FROM HIS BIOLOGICAL FATHER NOT DESAGREE ABOUT TO TAKE THE CHILD OUT THE COUNTRY will be required.So I `m sure it is not just a paper as I told I`m showing sole responsability at same time but I dont know if my proofs are suficients I am sorry for my English jeje

[Bladefire]

I hope i can be of help. I just went through the visitor visa process to bring my thai girlfriend and her 4 year old daughter; we got sole custody papers, we also got her name changed to her mums maiden name. Having submitted the visa application, we received a phone call from the embassy, stating we hadnt enough documentations. My girlfriend had to travel all the way back to Korat; had to get in touch with the local boss of the village who then agreed to basically go to the amphur and testify that my girlfriend takes care of her daughter only; not ex boyfriend. Just her, these legal documents were obtained and offically stamped at her local amphur. I have them with me in my possession. Good luck.

[Bladefire]

I hope i can be of help. I just went through the visitor visa process to bring my thai girlfriend and her 4 year old daughter; we got sole custody papers, we also got her name changed to her mums maiden name. Having submitted the visa application, we received a phone call from the embassy, stating we hadnt enough documentations. My girlfriend had to travel all the way back to Korat; had to get in touch with the local boss of the village who then agreed to basically go to the amphur and testify that my girlfriend takes care of her daughter only; not ex boyfriend. Just her, these legal documents were obtained and offically stamped at her local amphur. I have them with me in my possession. Good luck.

[Mariann]

I heard I will need some kind of report about the house healthy and safety someone know about?

[7by7]

I advice SOLE CUSTODY AND LETTERS FROM HIS BIOLOGICAL FATHER NOT DESAGREE ABOUT TO TAKE THE CHILD OUT THE COUNTRY will be required.

That may be the ECO's advice, but it's not a requirement of the rules. Sole custody is required, but for settlement a letter of consent from the father is not. We didn't have one when my wife and step-daughter applied and I know many other couples who also did not have one. We all got the visa.

I heard I will need some kind of report about the house healthy and safety someone know about?

You should describe the accommodation available and provide confirmation from the owner that there is sufficient room. Usually this is enough.

From Para MAA14 Overcrowding of Maintenance and accommodation

Only where overcrowding seems likely, and there is no other way of determining this, should an ECO need to write the local authority or landlord, or ask the applicant to provide such evidence.

[Mariann]

I advice SOLE CUSTODY AND LETTERS FROM HIS BIOLOGICAL FATHER NOT DESAGREE ABOUT TO TAKE THE CHILD OUT THE COUNTRY will be required.

That may be the ECO's advice, but it's not a requirement of the rules. Sole custody is required, but for settlement a letter of consent from the father is not. We didn't have one when my wife and step-daughter applied and I know many other couples who also did not have one. We all got the visa.

I heard I will need some kind of report about the house healthy and safety someone know about?

You should describe the accommodation available and provide confirmation from the owner that there is sufficient room. Usually this is enough.

From Para MAA14 Overcrowding of Maintenance and accommodation

Only where overcrowding seems likely, and there is no other way of determining this, should an ECO need to write the local authority or landlord, or ask the applicant to provide such evidence.

THANK YOU FOR YOUR ADVICE ,VERY HELPFUL .

[Mariann]

I advice SOLE CUSTODY AND LETTERS FROM HIS BIOLOGICAL FATHER NOT DESAGREE ABOUT TO TAKE THE CHILD OUT THE COUNTRY will be required.

That may be the ECO's advice, but it's not a requirement of the rules. Sole custody is required, but for settlement a letter of consent from the father is not. We didn't have one when my wife and step-daughter applied and I know many other couples who also did not have one. We all got the visa.

I heard I will need some kind of report about the house healthy and safety someone know about?

You should describe the accommodation available and provide confirmation from the owner that there is sufficient room. Usually this is enough.

From Para MAA14 Overcrowding of Maintenance and accommodation

Only where overcrowding seems likely, and there is no other way of determining this, should an ECO need to write the local authority or landlord, or ask the applicant to provide such evidence.

If my son is living with me and my mother in my country and I have sole custody and proofs of sole responsability still ECO can decide dont give the visa to my son because he has my mother for care of him?

[7by7]

You do need to show that you have been making all the important decisions regarding your son's upbringing, this is known as Sole Responsibility.

This can sometimes difficult to show when the parent and child have been separated, but as you and your son have been living together then you should not have any difficulties over this issue.

That the two of you have been living with your mother is irrelevant for his visa application.

Edited September 19, 2009 by 7by7