Uk Settlement For Wife's Son...

[jasonr3255]

I am currently in Thailand with my wife for the next 2 months, we have returned from the UK where my wife was successfully granted her resident permit (ILR) in the UK. We are planning to take her 15yr old son back to the UK with us but i would like some advice regarding the settlement form VAF4 and application. My questions are as follows.

1. Should my wife be the Sponsor or should I...? confusing on the form..!

2. My wife has full custody of her son with he the official Goverment paper, does that need to be translated into English before we submit application..?

3. We are travelling back to the UK on the 22nd May, How long should we anticipate for process..?

4. Although we will put on the form we plan to travel together back to UK how does it stand if the application is not returned in time, can her son travel to the UK alone after my wife and I...?

5. Should I include a covering letter or just presume its straight forward fill out the form and submit documents..?

I am planning to submit all my recent bank statements and supporting evidence along with my wifes details too, but I am worried that if my wife acts as the sponsor her details may not satisfy the ECO as she has no permanent Job in the UK and I do not want to give them any chance of refusal, as I have been down that road before. I Hope this will be more straight forward than the visit visa's and settlement Visa we have applied for in the past, and I am hoping that now my wife has ILR it will be fairly straight forward in them granting settlement for her Son but I am also aware of the tight rules they are keeping in BKK from previous experience. Any extra help regarding this application would be greatly appreciated.

Many Thanks

Jason

[7by7]

1. His mother should be the sponsor; although you will be providing the financial support. This is not a problem.

2. No, they have Thai staff who can translate it for them.

3. Hard to say; they do seem busy at the moment and it currently seems to be taking about 5 weeks; see this thread.

4. Yes, he can; you should ask the airline if he can be escorted and they will get someone to stay with him through UK immigration and customs until he meets up with you. This service is usually free.

5. Never assume anything! You should include a covering letter, and I suggest that this includes why the boy has not applied to join his mother until now and who has been looking after him in the interim. You should also include evidence of what contact your wife has had with him while they have been separated, what financial support you and your wife have been providing and who has been taking the important decisions regarding his life, schooling etc.

See SET07 - Children, paying particular attention to SET7.8 What is sole responsibility? Sole custody is advantageous to a child settlement application when only one parent is in the UK; but sole responsibility is essential. The boy will not get a settlement visa unless his mother can satisfy the ECO that she has been exercising sole responsibility!

If the application is successful he will not be given a 27 month settlement visa. As his mother has ILR then he will be given Indefinite Leave to Enter, which to all intents and purposes is the same as ILR except it is issued outside of the UK. As he is under 18 he will not need to satisfy the knowledge of life and language in the UK requirement.

[ThaiVisaExpress]

Either can sponsor the child however the Mother is the best option with you also providing financial assistance.

You will need to demonstrate to the ECO that she has sole responsibility of the child.

If you require professional help feel free to contact me we have an office in Thailand.