Thai Child With Usa Passport To The Uk

[tigerjohn]

hi can anyone give me advice on this one, my wife is in the uk on settlement visa, her 10yr old son is in thailand but is a usa passport holder, can anyone tell me could he come to the uk for a 6mth holiday using his american passport (he has no thai passport at the moment, it is expired) without having to apply for him a visa, all replies greatly appreciated,

[VisasPlus]

Your question is not as simple as it seems. Firstly, a US passport holder can enter the UK as a visitor visa free for up to six months. However, this boy's mother is in the UK, and he is a child of school age. The immigration officer, on the child's arrival in UK, will consider the merits of a claimed six month holiday, the fact that the child's mother is there, what will happen to the child's schooling if he is in UK for six months, his circumstances in Thailand, etc, etc, and whether he is likely to return to Thailand and to whoever looks after him now. The IO may well come to the conclusion that more than a six month visit is intended.

Edited October 21, 2010 by VisasPlus

[bangkockney]

As VP says, this is not a straightforward question.

Immediate concerns will be raised that the child has no intention to return to Thailand.

What are the child's current circumstances in Thailand? Who does he live with? In what capacity? Whoever is responsible for the child in Thailand will also have to give their full written consent to the trip.

What assets etc are held by whoever is responsible for the child in Thailand? How can you show beyond all reasonable doubt that the child will return to Thailand after the trip?

Does the mother have the child's birth certificate? This will have to be shown to satisfy the UKBA that it is indeed a parent who will be responsible for the child during the stay in the UK, otherwise the UKBA would consider it a fostering arrangement, and a new set of requirements would be thrust upon you.

[tigerjohn]

As VP says, this is not a straightforward question.

Immediate concerns will be raised that the child has no intention to return to Thailand.

What are the child's current circumstances in Thailand? Who does he live with? In what capacity? Whoever is responsible for the child in Thailand will also have to give their full written consent to the trip.

What assets etc are held by whoever is responsible for the child in Thailand? How can you show beyond all reasonable doubt that the child will return to Thailand after the trip?

Does the mother have the child's birth certificate? This will have to be shown to satisfy the UKBA that it is indeed a parent who will be responsible for the child during the stay in the UK, otherwise the UKBA would consider it a fostering arrangement, and a new set of requirements would be thrust upon you.

it was just a thought to bring him for holiday, when i said 6mth im sorry if i was a bit misleading it was just that i had heard he could come for 6mth without a visa but i didnt really mean for the full 6mth sorry, at the moment he is with his g/mother in my wifes house, our original plan was once we get sorted in the uk we was going to apply for a settlement maybe feb/march of next yr for him, but just thought as we are both working now maybe he could come for holiday as she misses him and vice versa, but seriously thinking and reading about it i think the best option is wait and apply for settlement as first planned, thanks for the replies

[7by7]

Just to add that if he may also have problems leaving and re-entering Thailand with an American passport and no Thai visa. Although I do believe children under 14 are not subject to overstay fines etc.

As you are considering applying for settlement for him early next year, it may well be best to forget a visit now and concentrate on that.

There is more to obtaining a settlement visa for him than showing that he is his mother's son. As he has a US passport his father is presumably American; where is the father now? What part does he play in the boy's upbringing? The ECO will want to know the answers to these, and other, questions.

I strongly suggest that you read SET07 Children ; paying particular attention to SET7.8 What is sole responsibility?

[tigerjohn]

Just to add that if he may also have problems leaving and re-entering Thailand with an American passport and no Thai visa. Although I do believe children under 14 are not subject to overstay fines etc.

As you are considering applying for settlement for him early next year, it may well be best to forget a visit now and concentrate on that.

There is more to obtaining a settlement visa for him than showing that he is his mother's son. As he has a US passport his father is presumably American; where is the father now? What part does he play in the boy's upbringing? The ECO will want to know the answers to these, and other, questions.

I strongly suggest that you read SET07 Children ; paying particular attention to SET7.8 What is sole responsibility?

yes 7b7 thanks, as i wrote in post above i think that is the best road to take, the father although he pays a little every mth into his bank has not seen him since he was a baby and had nothing to do with his upbringing apart from the monthly payment when he can be bothered, hes had chances to see him but never wanted to,

[samran]

Just to add to 7 by 7's note, he is a Thai citizen so should get a Thai passport, which he'll need to leave Thailand with, and then re-enter Thailand on so he isn't subject to immigration controls when he comes back to Thailand.

Simple to apply for and take 3 days to issue.