Uk Settlement Visa For My Stepson

[naomisri]

We moved back to the UK (Thai husband and our 3 y/o daughter) in March. My step-son lived with us in Thailand until he started high school and moved to be with his aunt who lives near one of the best schools in the province. When we moved over we had a vague notion that he might come and study over here for University. We didn't really think about settlement as he was 16 at the time and I believed that it wasn't possible after his 16th birthday. I have since been trawling the net for more information and believe that it would be possible. He misses his Dad so much and asks him every time he calls when he would be able to come over. He is 100% Thai so I am not sure how he would adapt, but it seems like a sensible option to give it ago. If we get him a student visa and he comes over for a couple of years, once he completes his studies I believe he will have to go back to Thailand.

My other issue is schooling. He won't be finished at school for another year and a half, but by then he will have missed the cut off age wise. He would have to come over and complete his studies here in a different language. I think he could do it, but I have no idea of cost and would also be interested in others opinions of whether it would be to his detriment to miss that last year in Thai school.

Thanks in advance

[7by7]

I know exactly how you feel, as my wife and I were in the the same position; except her son was nearly 17 when she came to the UK. We agonised for a long time over this, including the boy in all discussions, of course. Eventually we decided that as he was in the last year at high school and spoke very little English, it would be better for him in the long run to stay in Thailand, finish high school and attend university there.

Mother and son missed each other terribly at first; talking on the phone every day; but 9 years later he is still in Bangkok, engaged to a lovely girl and embarked upon a successful career. We all believe that we made the right decision.

Her daughter, who was 9 at the time, did come with us, and being younger she did adapt to English schooling very well.

If you do decide to bring him to the UK then, as you say, you will have to move quickly. Only in exceptional circumstances is it possible to get a settlement visa for a child over 18.

The cost of a child settlement application is £585.

See Settlement; Children

If he did come to settle, then as he is 16 and so nearly above compulsory school age, I don't think that he would be entitled to a place in a state school, and it is also possible that he would have to pay the full fee for a university place as he would not have lived in the UK for long enough to qualify for the reduced fee as a resident.

Hopefully someone else can advise on this point, or you could ask your local education authority.

A student visa may be possible, but he would need to be sponsored by an education provider who is registered with the UK Border Agency as a licensed sponsor. He will also need to show that he has the tuition fees and his living expenses either in his or your and your husband's bank account.

See Tier4 General & Child Student (INF 29)

The cost of a Tier 4 application is £145.

If you decide that it will be best for him to remain in Thailand, then he can, of course, always apply to come to the UK as a visitor. We had no problems doing this for my step-son, his university place being his 'reason to return.' Remember, though, that visitors can only spend a maximum of 6 months in the UK on any one visit and no more than 6 months out of any 12 in total.

Best of luck with whichever course you decide upon.

[naomisri]

Thank you for your reply

It's definitely something that we need to talk about more. He is studying English at High School and he is fortunately very good at it so I do think that the language would be okay, what I think would be more of an issue is how he would respond to the cultural differences, we want him to thrive of course. He lived with his dad all his life as his mum was out of the picture till we all moved in together when he was about 10. Then he left us for high school on the mainland.

My worry is that he isn't happy over there without us and if we can have him here with us then it would be worth it.

Thanks for the advice

[kennkate]

Your Situation is almost identical to mine My wife had a 17 year old son and a 11 year old Daughter when we applied for the settlement Visa in March.

We agreed that it would be better for her son to stay in Thailand,

He was not going to university and his English skills were almost zero. To apply for a settlement visa and bring hom back to the UK would have meant having to suport him.

Even if your stepson has good English skills getting a job in the presant economic climate is not going to be easy.

Having said that if he wants to come and you will be happy to look after him untill he gets a job. That might be any job.

then go for it, dont wait, get the application in ASAP.

If he tries it and he wants to go back you have only lost the visa Fee If you wait, that door will be Closed

Whatever you decide goog luck

[7by7]

Obviously everyone's circumstances and feelings are different, and although Mr and Mrs Kennkate came to the same conclusion as my wife and I, this may not be right for you.

One important point to consider is whether he would wish to continue his education, or start work.

If he wants to continue his education then, as I said before, I'm not sure if this would be possible without you paying for it. The law requires LEAs to provide a school place for any child aged between 4 and 16 who is resident in their area, regardless of their immigration status. However, what I'm not sure of is whether this obligation ceases when the child reaches 16 or 17.

If you were able to obtain a school place for him, how would he fare? A strange school where he knows nobody, a different curriculum conducted in a language in which he is not very proficient, surrounded by contemporaries who are busy studying for GCSEs which he would not have sufficient time to prepare for and so have no hope of passing.

My step-daughter coped very well when she started at her school in England, with excellent assistance provided by her school; but she was 9 and at that age found it a lot easier to adapt than a 16 year old would, and there was no pressure of imminent exams.

Maybe you decide that he should forget about school and look for work.

New to the country, no qualifications to speak off, poor English ability; what sort of work would he find? What sort of future career would he have?

I appreciate that all the above sounds harsh and negative; but these are the things you have to consider.

At present it seems that the separation from his father will be unbearable; I understand that as my wife and step-son went through the same thing. However, for the boy's sake you have to take the long view. Where will his future prospects be better; in the UK or Thailand?

Only you, your husband and his son can decide that between you.

[naomisri]

Thanks for your well though out replies. We're waiting to talk to him on Friday so that we can decide one way or another. I appreciate the small window that we have so we'll have to make that decision one way or another.

Perhaps our situation is different to some in that my husband brought up his son alone without help from family since he was 3. Both sets of grandparents wanted to raise him but my husband wanted to raise him on his own. My step-son's bond with his extended family isn't as strong as in some other Thai families (although he loves his aunt and cousins that he is living with) and he spends most of his holidays back with friends where he feels more at home. I think only he can choose whether he needs to give it a go or not. He asks about coming over every time they talk, but he needs to know the harsh facts about what the move would mean in terms of education and career.

Thanks again for the input

[naomisri]

We've decided to go for it. He finished school in May so he won't miss out and we can then possibly get him ready for education in the UK by September/October. We won't have this chance again and we won't loose anything if it doesn't suit him. He can, however, gain a lot if it works out for him.

Wish us luck with the process, it starts today!

[7by7]

Good luck with it, and if he doesn't like it in the UK he can, ofcourse, always return to Thailand.

Remember, you must make sure that you submit the application before his 18th birthday.