Child Uk Settlement Visa

[andyandythai]

Hi,

My question is, Do we need written permission from the father to take a child to the UK on a child settlement visa, application will be made at the same time as his mother who will also be coming to the UK?

Here is a little back ground information

My wife is about to submit her UK settlement visa application, originally her son age 16 (to a Thai) was planning on living with his father in Bangkok and going to college.

To cut a long story short he can no longer live with his father, his father dosnt want any responsibility what so ever. He has not seen his father for 15 years and just spoke on the phone now and again, nothing regular at all. The father has not contributed what so ever financially or otherwise. He left my wife when the child was 1, they never married legally.

The last meeting my wife had with his father was in December to sort out his birth certificate and that became a viloent and dangerous situation due the fathers actions.

We will find it very difficult to contact the father again, more than likely impossible.

Two questions really?

1. Do I need anything from the father? If so what is needed?

2. If we can't contact the father what can I do then?

I also have another stepson who is aged 11 and has a British Passport so no issues with him coming to the UK, its just the Visa's I need for his mother and brother as we all want to settle in the UK.

I would appeciate any help and advice, thanks in advance

Andy

[7by7]

Does she have a sole custody document issued by an ampur or court? If so, no problem. If not, then whilst this is not definitely required, it would be better if she could obtain one.

If the father is willing, doubtful from what you have said, then they can both turn up at the ampur, sign a few forms; job done. If not, then she will have to get a court to issue the document, and she should seek the advice from a Thai lawyer on this.

Sole custody is not a precondition of obtaining settlement for a child, the important factor is whether she has been exercising sole responsibility.

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

[andyandythai]

Thanks....I did a bit of reading yesterday. As my wife never married the father this means by Thai law that he has no legal rights over the child, Is this ture?

Also any idea how long going to court will take and roughly what the procedure is? Time isnt really on our side at the momement, do you think that submitting a visa application with a full explenation of the situation will be enough? I am not sure what evidence I can submit to prove the my wife had sole responsibility over the child apart from the birth certificate?

I just dont want the application to be refused due to lack of paperwork.

Thanks

Andy

[mark515]

I think it comes down to if he registered the birth at the Ampur.

Is name can be on the birth cert but at the bottom is the person who registered if farther you may have a problem. If wife or wifes family you will be OK.

If wife or family, custody document is easy to get. Just go to the amper, wife a witness and the head of the village.

Just gone through this. My wife & Step daughter arrived in the UK a few weeks ago. Send me a private message if you want my phone number I can talk you through what I did.

[7by7]

Mark is correct; if the father is not named on the birth certificate then there is no need for any sort of custody document. If he is, then the embassy may want to see one.

When my wife divorced her first husband he would not cooperate over custody of the children; he wasn't interested in them, but wouldn't sign any forms. My wife had to go to court, and this took nearly a year. Mainly because the father wouldn't turn up and the hearing kept on being adjourned to give him another chance to do so; until the court eventually lost patience and heard the case in his absence.

This was in Bangkok; things may be easier in the sticks.

As I said, sole custody is not a precondition of obtaining settlement for a child, sole responsibility is more important.

For how to demonstrate this, see Para SET7.8 in the link provided earlier.

If the child has spent most of his life living with his mother, then sole responsibility should not be much of a problem.

[andyandythai]

Thanks for your help guy's. My wife was at the Amphur today sorting out the lads ID card and asked, they said the same, come back with the head of the village and a witness and they will sort it. Hopefully we will get it done this week then we can start the applications.

Thank once again for your sound advice.

Andy