Can A Sponsor Revoke Their Support?

[smellyskater]

Hello All,

If…

A Thai national goes to Europe with a three month schengen visa. After getting to the country the relationship breaks down. Can the original sponsor revoke the support and ask them to just get back on the plane? What if they don’t?

If they can support themselves can they stay?

Thanks for the time. Usual jokers and “troll” comments always welcome but ignored.

[morphious]

Whats a schengen visa

[smellyskater]

Whats a schengen visa

http://www.schengenvisa.cc/

[Lumumba]

This is half the story, I need the details of why and how the relationship broke down before I can comment.

[theoldgit]

If the relationship breaks down you cannot simply just order them on a plane home, they have been issued with the visa and it's up to them to comply.

Obviously I don't know the circumstances surrounding your relationship but you can renege on the undertaking you gave when the visa was approved, you may wish to advise the relevant issuing authority, but I think they are unlikely to take any action.

As I say I don't know the circumstances surrounding the breakdown of the relationship but put yourself in their shoes, you are travelling Europe together, you have split up and you are now seemingly going to abandon them, it may be their fault but put yourself in their position, how will they survive, are you pushing them into a corner?

I'm certainly not going on the moral high ground, it must be very difficult for you both. I presume you have offered to pay their fare home, that may help focus the mind.

Good luck.

[NanLaew]

Unless some crime has been or will be committed, the visa remains valid for whatever duration it was issued. The 'sponsor' doesn't have recourse to do anything about that. It's up to the visa holder to remain in compliance with the visas validity and restrictions.

Sh!t happens. Get over it.

Edited October 29, 2010 by NanLaew

[smellyskater]

If the relationship breaks down you cannot simply just order them on a plane home, they have been issued with the visa and it's up to them to comply.

Obviously I don't know the circumstances surrounding your relationship but you can renege on the undertaking you gave when the visa was approved, you may wish to advise the relevant issuing authority, but I think they are unlikely to take any action.

As I say I don't know the circumstances surrounding the breakdown of the relationship but put yourself in their shoes, you are travelling Europe together, you have split up and you are now seemingly going to abandon them, it may be their fault but put yourself in their position, how will they survive, are you pushing them into a corner?

I'm certainly not going on the moral high ground, it must be very difficult for you both. I presume you have offered to pay their fare home, that may help focus the mind.

Good luck.

Thanks everyone for the replies.

I am not the one that is currently in this position. However, I do have a female friend away from Thailand and is not having a good time with her boyfriend. She thinks that a breakdown in the relationship is looming and worried what she will do. Hence at the start of my post - If... As to why it is broken down is not needed here. Take a big guess I’m sure you will be near!

I understand that they were originally invited out there with the idea they would be looked after. I’ve advised that she keep things as amicable as possible and get herself back if she is not happy and notch it down to experience.

Thanks again

[smellyskater]

Corrected!

Edited October 29, 2010 by smellyskater

[NanLaew]

Sh!t happens. Get over it.

Another great comment where some bored idiot goes out of his way to post something worthless but not quite far enough to be helpful.

Yeah... that was a pretty puerile comment, sorry. Your OP sounded like the possibly aggrieved sponsor or friend of same but subsequent posts looks like you are voicing the concerns of the one more likely to be up sh!t creek. Very admirable Sir.

But, while you were tearing me a new arsehol_e, I did an amendment. Hope it makes you happier but, if not...

Sh!t happens. Get over it.

[VisasPlus]

Assuming that, when the visa was applied for, everyone was acting in good faith, then:

The sponsor has done nothing wrong. He should, however, notify the Embassy that issued the visa about what has happened. As stated earlier, they will not do anything, but the sponsor has protected himself in the event of any future applications.

The applicant has done nothing wrong if the relationship has broken down. She should either continue with her her visit to Europe up until the visa expiry date, or return to Thailand immediately. Then she too will have complied with the terms of the visa that was issued. Should she wish to apply for another visa in the future then she should have no problems.

[Lumumba]

OP is saying that he is not the original sponsor but was wondering if he could still be getting freebies as long as her visa is still valid.

Let me guess,OP, you are the reason why the relationship broke down.

Well done mate, when farang comes in aid of the Thai partner in a mixed relationship, I always have doubts of his sincerity.

Shit happens, enjoy the free ride, mate.

[7by7]

The OP is asking about Schengen visas.

Stick to that and leave the moral judgments out of it; particularly as we do not know the circumstances.

Any more off topic remarks will be deleted and the poster given a holiday.

[maswov]

As stated earlier the sponsor cannot tell the person they must leave the country. The sponsor can cease support if they chose to do so, however a statement has been made to the embassy guaranteeing support. I am not sure of the details in the EU countries but I know for Japan is is very specific about living expenses and responsibility in the event the visitor commits a crime. The smart thing for your "friend" to do is change her ticket and go home.

[samjaidee]

Assuming that, when the visa was applied for, everyone was acting in good faith, then:

The sponsor has done nothing wrong. He should, however, notify the Embassy that issued the visa about what has happened. As stated earlier, they will not do anything, but the sponsor has protected himself in the event of any future applications.

The applicant has done nothing wrong if the relationship has broken down. She should either continue with her her visit to Europe up until the visa expiry date, or return to Thailand immediately. Then she too will have complied with the terms of the visa that was issued. Should she wish to apply for another visa in the future then she should have no problems.

Maybe I'm mis-reading this but are your suggesting that the sponsor, whilst in Europe, phones an Embassy in Thailand to inform them of a change in circumstances? Surely an Embassy takes care of a country's affairs in the country in which it is based. How can they do anything once the people sponsoring and being sponsored are in Europe. They can't exactly pop in for a quick chat can they?

[theoldgit]

Assuming that, when the visa was applied for, everyone was acting in good faith, then:

The sponsor has done nothing wrong. He should, however, notify the Embassy that issued the visa about what has happened. As stated earlier, they will not do anything, but the sponsor has protected himself in the event of any future applications.

The applicant has done nothing wrong if the relationship has broken down. She should either continue with her her visit to Europe up until the visa expiry date, or return to Thailand immediately. Then she too will have complied with the terms of the visa that was issued. Should she wish to apply for another visa in the future then she should have no problems.

Maybe I'm mis-reading this but are your suggesting that the sponsor, whilst in Europe, phones an Embassy in Thailand to inform them of a change in circumstances? Surely an Embassy takes care of a country's affairs in the country in which it is based. How can they do anything once the people sponsoring and being sponsored are in Europe. They can't exactly pop in for a quick chat can they?

Reading the post from VisaPlus he doesn't say that the person should phone the consulate issuing the visa at all, he is simply saying that they should be advised of the change of circumstances and he gives the reasoning, I think that advice is sound, maybe send an email at some stage.

However as we now know the OP is concerned about the lady with the visa it's a mute point, but still sound advice for anybody else that finds themselves in a similar position.

I would suggest that if the lady concerned finds herself in difficulty whilst in Europe she should go to the nearest Thai Consulate and seek advice.

[sawadeeken]

Undoubtedly every country is different but for a sponser of a person coming to the USA, your sponsership is irrevocable. If a country issues a visa based upon your sponsership, when in fact they would not permit that person to enter otherwise - then you have been the one to influence the issuance of that visa and their responsibility rests on you. If they become a public burden then, at least in the USA, the government can take recourse and collect from you. That is exactly why you really need to think about what you are getting yourself into when you sign your name. HUMAN TRAFFICKING is one of the many reasons for this responsibility. I had it explained to me once at the US embassy also, that one person cannot assume responsibility for another (except for financial responsibility) since that is contrary to slavery laws, where one person owns another person and can force that person to do things forceably. In the modern world you can't force any person to do anything, therefore you can't assume responsibility for any one to leave a country if they choose not to. If a country is 'put on the spot' to pay somebody's airfare home and there is somebody financially responsibile for them, then the government will attempt to collect the cost of the airfare from the sponser.

Seems only fair to me............... NEVER BITE OFF MORE THAN YOU CAN CHEW............

[sompoo44]

when i took my wife to uk she had a definate leave to remain in uk. at the begining many freinds filled her head with crap.so i phoned imigration in uk home office.they told me that when the visa finish in 2yrs if i dont sponser her she has to return to thailand.they said she can not be sponsered by anyone else.has it hapens we are still together 10yrs on.

[Bastian]

Which Schengen country is the visa from? What exactly did the sponsor promise/sign and whom did he promise it to?

A sponsor is usually not required during the apllication of a Schengen visa. An invitation however with a statement that the applicant will be staying with and be cared for by the inviting party, submitted with the application helps to prove that the stated intention of the visit is true and not just a pretension.

If during the visit the sponsor withdraws his support the invited foreigner may have a claim against the sponsor, if the foreigner relied on the promise of support and incurs costs because the promise is broken. However most (all?) Schengen countries have system of civil law and not common law like the anglo saxon countries and it will be nigh impossible for an average foreigner ignorant of the local laws to pursue such a claim and by the time the case comes before a judge the foreigner will be long gone home anyway plus the sponsor will inject that the invited foreigner violated some implicit term of their agreement, betrayed him and hence was at fault too. So much for a promise of a sponsor to the foreigner.

In my (Schengen) country if a foreigner, who seeks a Schengen visa and who is not well off himself, will require a solvent guarantor to make a written commitment to the state that he will cover all cost the state will possibly incurr from the foreigner. In that case the guarantor promisses the foreigner nothing and hence the foreigner has no claim against the guarantor at all. If the foreigner is in distress however (homeless, no money for food or a ticket) he may seek assistance from the state at any time and will receive welfare and the state will later reclaim the money from the guarantor, who, except for bankruptcy, has no way of getting out of the commitment.

Of course the sponsor can ask the foreigner to leave the Schengen area, but the foreigner has no need to comply at all, whether he can support himself or not. The foreigner may even threaten the guarantor, that he will overstay and resist repatriation, in which case there are huge costs comming the guarantors way, as the foreigner will eventually be arrested and repatriated, accompanied by officers on the plane, then the bill for the guarantor can easily exceed € 10,000. So a rational guarantor would not only just ask the foreigner to return home but also try to maintain an amicable relationship and give him with some pocket money to return.

Please don't try to transfer what you believe to know about common law systems in the UK or USA to civil law systems of Schengen countries.

[7by7]

Please don't try to transfer what you believe to know about common law systems in the UK or USA to civil law systems of Schengen countries.

Indeed.

Whilst comments about the system in Japan, the US and the UK are of general interest, they are not much use when one wants to know about the situation in a Schengen country.

[yellow1red1]

If the relationship breaks down you cannot simply just order them on a plane home, they have been issued with the visa and it's up to them to comply.

Obviously I don't know the circumstances surrounding your relationship but you can renege on the undertaking you gave when the visa was approved, you may wish to advise the relevant issuing authority, but I think they are unlikely to take any action.

As I say I don't know the circumstances surrounding the breakdown of the relationship but put yourself in their shoes, you are travelling Europe together, you have split up and you are now seemingly going to abandon them, it may be their fault but put yourself in their position, how will they survive, are you pushing them into a corner?

I'm certainly not going on the moral high ground, it must be very difficult for you both. I presume you have offered to pay their fare home, that may help focus the mind.

Good luck.

Thanks everyone for the replies.

I am not the one that is currently in this position. However, I do have a female friend away from Thailand and is not having a good time with her boyfriend. She thinks that a breakdown in the relationship is looming and worried what she will do. Hence at the start of my post - If... As to why it is broken down is not needed here. Take a big guess I'm sure you will be near!

I understand that they were originally invited out there with the idea they would be looked after. I've advised that she keep things as amicable as possible and get herself back if she is not happy and notch it down to experience.

Thanks again

now it's 'they'? thot only spousal visas had 'sponsors', not tourist visas.

buy a ticket home some said? she, they, would have return tickets...

details?

IF she they cannot afford to enjoy her tourist visa without staying at his place and if he is 'requiring' unwanred services, no sh_t it 'could' be hunan trafficking.

he should be the polite host that was part of the original plan, what is the cause of relationship break down, not putting the toilet seat down?

if he is using financial control to demand you know what, the authorities should be informed.

tell her to visit a womens center for advice

[Thongkorn]

If in the UK , the visas can run its full length of stay , 6 months or what ever is granted depending on the visa type , As long as the person exits before the expire date you can do nothing , Its up to the boarder agency.