Civil Partnership, All Settled In Uk, Thai Partner Now Uk Citizen

[logansmith]

Hi everyone, the story so far:

I met my Civil Partner in Thailand, after a struggle he was granted his marriage visa, we are now married (civil partnership). He had no problems getting his ILR and is now a British Citizen and currently has his UK passport application being considered.

My partners son still lives in Thailand with his mother and grandfather. My partners ex-wife is in agreement that her son can come and live with us in the UK and is currently signing all the documentation and my partner is in consultation with a lawyer in Thailand.

Is there any other info anyone can tell us about what we should be aware of? For example,

Will the UK embassy in Thailand want to interview my partners son?

We have also heard that there are new regulations which mean he will need to have a finger print scan, does anyone know anymore?

Can we apply for my partners sons visa from the UK?

Plus anything else anyone can tell us that we would find useful.

Many Thanks

[7by7]

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

If the sponsoring parent and child are separated, the child will normally be

expected to have been in the care of the sponsoring parent's relatives rather than the relatives of the other parent. An application should normally be refused if the child has been in the care of the other parent's relatives and the other parent lives nearby and takes an active interest in the child's welfare.

As the child has been in the care of his mother, then I am afraid you face an uphill struggle.

You may want to seek professional advice on this, but if so please ensure that you use an adviser who is both qualified and regulated in the UK, see Visa Agents, Read this before using one.

You cannot apply in the UK, the application must be submitted in Bangkok.

See Official UK visa application website in Thailand

[ThaiVisaExpress]

You must demonstrate that you have sole responsibility of the child ?

Do you have a sole custody document ?

If you require professional help or advice feel free to contact me via my website we have an office in Pattaya and the UK.

Edited January 8, 2010 by ThaiVisaExpress

[logansmith]

You must demonstrate that you have sole responsibility of the child ?

Do you have a sole custody document ?

If you require professional help or advice feel free to contact me via my website we have an office in Pattaya and the UK.

As far as I am aware these are the documents my partner is getting organised in Thailand. I know he has had to get several documents together and when we visit thailand in April my partner and his wife will be going to court.

[7by7]

Remember that your partner obtaining sole custody is not enough.

Sole responsibility is far more important, and if you cannot adequately deal with this then I'm afraid the boy will not get settlement visa.

How long has your partner been living in the UK separated from his son? (it must be at least three years for your partner to have got his British citizenship.)

Has he been in regular contact with his son during the three years plus that he's been living in the UK?

Has he been providing the financial support for his son?

Has he been taking the major decisions regarding his son's life?

Who has the boy spent the majority of time living with since his parents split up and your partner moved to the UK? His mother and her relatives or your partner's relatives?

Is living with his mother a temporary agreement made until your partner could bring him to live in the UK? If so, can your partner prove it?

Why has it taken three years plus before attempting to bring the boy to the UK?

These questions must be satisfactorily answered if you are to stand any chance of bringing the boy to the UK to live.

[logansmith]

Remember that your partner obtaining sole custody is not enough.

Sole responsibility is far more important, and if you cannot adequately deal with this then I'm afraid the boy will not get settlement visa.

How long has your partner been living in the UK separated from his son? (it must be at least three years for your partner to have got his British citizenship.)

Has he been in regular contact with his son during the three years plus that he's been living in the UK?

Has he been providing the financial support for his son?

Has he been taking the major decisions regarding his son's life?

Who has the boy spent the majority of time living with since his parents split up and your partner moved to the UK? His mother and her relatives or your partner's relatives?

Is living with his mother a temporary agreement made until your partner could bring him to live in the UK? If so, can your partner prove it?

Why has it taken three years plus before attempting to bring the boy to the UK?

These questions must be satisfactorily answered if you are to stand any chance of bringing the boy to the UK to live.

Thank you very much for your detailed reply:

My partner has been living with me in the UK now for just over 3 years. During that time we have been able to visit his son twice, however my partner does telephone him every week, sometimes more.

Since my partner and his ex wife have separated my partner has never failed to provide financial support, including providing for him to attend private school. My partner sends the money to his own family who in turn pass this on to his son's grandfather (ex wifes father).

I can confirm that my partners son does spend most of his time living with his ex wifes father, his ex wife is never home and works away, but he is 100%financially supported by my partner, even the house he lives in belongs to my partner.

The reason it has taken 3 years is because it was initially decided that it would be wrong to disrupt him during his schooling and also my partner was not sure how his son would react to his father being gay, he has since told his son (now he is getting older) and he does not have a problem with it.

Do you feel these answers will satisfy the UK embassy?

Thanks again

[7by7]

They are all points in your favour; provide as much documentary evidence as possible, particularly of the finances.

But the biggest obstacle, in my opinion, is that he has been living with his mother and maternal grandfather. You will need to show a strong reason why this is no longer possible. I'm afraid that your partner and his ex deciding the boy will be better off in the UK will not be enough.

I don't usually advocate the use of an agent as most applications are simple and straightforward; but in this case I think professional advice may well advisable.

[logansmith]

They are all points in your favour; provide as much documentary evidence as possible, particularly of the finances.

But the biggest obstacle, in my opinion, is that he has been living with his mother and maternal grandfather. You will need to show a strong reason why this is no longer possible. I'm afraid that your partner and his ex deciding the boy will be better off in the UK will not be enough.

I don't usually advocate the use of an agent as most applications are simple and straightforward; but in this case I think professional advice may well advisable.

Thanks again 7by7.

Does the fact that his mother is very seldom home and she does not want any responsibility for her son, also his grandfather is now over 70 years old and is finding things difficult to manage on his own.

Do you think this would be taken into account?

Thanks

[7by7]

All relevant facts will be taken into account.

A lot of it will, I feel, come down to how convincing your argument is; especially as the boy and his father have been separated for three years.

I am right at the edge of my knowledge here, and really think you should seek professional advice.

[ThaiVisaExpress]

UK/BA children

one parent is dead and the other is settled or coming to settle here; or<LI>the parent who is settled or coming to settle in the UK has had sole responsibility for the child's upbringing; or one parent is settled or coming to settle in the UK and there there are serious reasons why the child must be allowed to come here.

Your child must show that they:

• are not leading an independent life;
  
• are not married or in a civil partnership;
  
• have not formed an independent family unit; and
  
• are aged under 18
  

I believe if your case is set out correctly and you can demonstrate to the ECO that you have sole responsibility then you have a good chance of success. The one thing that could be a concern is the Mothers involvement in the child's upbringing, you will require the sole custody document it is a relevant piece of evidence IMO.

Edited January 13, 2010 by ThaiVisaExpress

[logansmith]

UK/BA children

one parent is dead and the other is settled or coming to settle here; or<LI>the parent who is settled or coming to settle in the UK has had sole responsibility for the child's upbringing; or one parent is settled or coming to settle in the UK and there there are serious reasons why the child must be allowed to come here.

Your child must show that they:

• are not leading an independent life;
  
• are not married or in a civil partnership;
  
• have not formed an independent family unit; and
  
• are aged under 18
  

I believe if your case is set out correctly and you can demonstrate to the ECO that you have sole responsibility then you have a good chance of success. The one thing that could be a concern is the Mothers involvement in the child's upbringing, you will require the sole custody document it is a relevant piece of evidence IMO.

Can someone tell me what visa form I need to complete for this visa?

Thanks

[logansmith]

There have been further developments with our situation:

My partners ex-wife has signed a sole custody document stating that my partner has sole custody, although this is all in Thai will it need to be translated?

His ex-wife has also moved away, her father, who was also living with my partners son, is now too old and is no longer willing to take any responsibility, therefore my partners son has had to move in with my partners parents who are willing to have him temporary live with them because he has no where else to go and my partner will continue to support both his son and his parents finacially.

With these changes do you feel our case of getting a settlement visa for my partners son more probable.

Can someone also confirm which visa application form we should use, it is all so confusing.

Many thanks

[7by7]

Form VAF4A

See also Supporting document checklist; Settlement, Child. Remember, though, that this is not an exhaustive list, other documents may be required; especially in the circumstances you describe in your previous posts.

Documents in Thai do not need to be translated. Is the sole custody document signed by the mother an official one obtained from an Ampur? Only a document from an Ampur or a court is acceptable.

You should explain the changes in the child's circumstances fully, explaining why his mother and/or maternal family can no longer look after him; plus all the other points mentioned in earlier posts.

The danger, as I see it, is that the ECO may feel that this decision by the mother and her family is simply a ruse to get the child into the UK. You need to convince them otherwise.

[logansmith]

Form VAF4A

See also Supporting document checklist; Settlement, Child. Remember, though, that this is not an exhaustive list, other documents may be required; especially in the circumstances you describe in your previous posts.

Documents in Thai do not need to be translated. Is the sole custody document signed by the mother an official one obtained from an Ampur? Only a document from an Ampur or a court is acceptable.

You should explain the changes in the child's circumstances fully, explaining why his mother and/or maternal family can no longer look after him; plus all the other points mentioned in earlier posts.

The danger, as I see it, is that the ECO may feel that this decision by the mother and her family is simply a ruse to get the child into the UK. You need to convince them otherwise.

Thank you very much for your reply. In addition to the details that you have mentioned and taking into account I am in full time employment and my partner is in part-time employment what is the best way to go...

Would it be better that I sponsor his son or my partner should as his natural father?

If my partner sponsors will they take into account my earnings?

What amounts do they like to see in savings?

Many thanks

Edited May 9, 2010 by logansmith

[7by7]

Doesn't really matter who is the sponsor, although it makes more sense if your partner is as he is the boy's father.

Yes, they will take both your incomes into account, so you should provide evidence of both.

Provided your joint income is enough to support yourselves and the boy, there is no need for any savings. Although if you have them, I'd suggest providing evidence of them (belt and braces approach!).

[logansmith]

Doesn't really matter who is the sponsor, although it makes more sense if your partner is as he is the boy's father.

Yes, they will take both your incomes into account, so you should provide evidence of both.

Provided your joint income is enough to support yourselves and the boy, there is no need for any savings. Although if you have them, I'd suggest providing evidence of them (belt and braces approach!).

Many thanks for your answer, you have been very helpful

[logansmith]

Hi again everyone, we are having to go ahead with this, as my partners son has had to move in with my partners parents as previously stated and things are not great there as my partners parents are not getting any younger and its not fair on them. We believe we fullfill all the requirements for the visa and need to get things moving within the next few months. What we need to do is found out the exact procedure:

Obviously my partner lives in the UK with me and his son lives in a village in North Thailand.

Who does the application actually come from me and my partner or from my partner's 14 year old son?

Obviously depending on which one applies will depend on my next question.

Thanks

[ThaiVisaExpress]

May I add again IMO the sole custody document is important but you must demonstrate you have had sole responsibility of the child this is the important factor.

Is the child leading an independent life ?

And various other factors must be considered in this case for entry clearance.

Good luck to you both.

[logansmith]

May I add again IMO the sole custody document is important but you must demonstrate you have had sole responsibility of the child this is the important factor.

Is the child leading an independent life ?

And various other factors must be considered in this case for entry clearance.

Good luck to you both.

I can confirm that my partner does have sole responsibility even though there are 6000 miles between them. He lives with my partners parents but any decisions are conducted via the telephone with my partner. My partners ex-wife does not have anything to do with him anymore. We have issued my partners parents with a UK debit card and my partner puts money in it on a regular basis to cloth feed and pay for his sons school fees.

My partners son is not leading an independant life he lives with my partners parents and and decisions about his upbringing are discussed over the telephone with my partner and me.

Thanks

[7by7]

All of that needs to be put in the sponsor's letter, and evidence (bank statements, phone bills, passports to show visits to the boy etc.) supplied to confirm it.

Although it is not officially recognised, a Kor Por 14 from the local ampur may help as well; it certainly wont hurt. See this post from Sumrit.

Your partner's son makes the application, supported by his father. Remember that as he is over 11 he will need a TB certificate.

[logansmith]

All of that needs to be put in the sponsor's letter, and evidence (bank statements, phone bills, passports to show visits to the boy etc.) supplied to confirm it.

Although it is not officially recognised, a Kor Por 14 from the local ampur may help as well; it certainly wont hurt. See this post from Sumrit.

Who does the application actually come from, me and my partner, or from my partner's 14 year old son?

[7by7]

Sorry, edited my previous to answer that while you were posting.

[logansmith]

All of that needs to be put in the sponsor's letter, and evidence (bank statements, phone bills, passports to show visits to the boy etc.) supplied to confirm it.

Although it is not officially recognised, a Kor Por 14 from the local ampur may help as well; it certainly wont hurt. See this post from Sumrit.

Who does the application actually come from, me and my partner, or from my partner's 14 year old son?

Sorry 7by7, just seen your reply, thank you.

OK so my partner's son makes the application, which I assume needs to be completed in english. My partners son's knowledge of english is no where near enough to complete one of their forms and with my partner being here in the UK and his son in his village in North Thailand, what normally happeneds in these circumstances?

Thanks

[7by7]

You or your partner can either complete an online application on his behalf or complete a paper form and send it to him to sign and take to the VAC.

Either way, remember to send him the sponsor's letter and supporting documents to take with him when he goes.

[logansmith]

You or your partner can either complete an online application on his behalf or complete a paper form and send it to him to sign and take to the VAC.

Either way, remember to send him the sponsor's letter and supporting documents to take with him when he goes.

OK thank you. Let us say we fill in an online application, I was under the impression (as with my partner when he applied for his settlement visa) that my partners son will have to enclose his TB certificate with the application. Obviously we are trying to get his application form submitted without my partner having to actually fly out to Thailand untill his son is due to collect his visa, we have arranged for my partners sister to travel with him to Bangkok (9 hours by bus) if he requires an interview, from what you are saying my partners son will have to go to the embassy anyway to take supporting documentation or can this also be submitted by post?

Thank you

[7by7]

Apart from certain exceptions, of which your partner's son isn't one, all applicants need to attend the VAC to hand in their supporting documents and have their biometrics taken. Completing an online application means that they can make an appointment to do this; completing a paper form means that they simply turn up and wait. See How to Apply.

Remember that he will also need to travel to Bangkok for his TB certificate. This should be available the same or next day if the X-ray is clear. However, if further tests are required it may take several days for these to be carried out. See IoM Information Sheet.