Visa For My Wife'S Child

[gunn09]

Hi guys

I got a lot of help and information on here when I applied for my wife's visa to come to the Uk and now she is settled in the UK and we have everyhting working smoothly we are getting ready to start the process of a visa for her son to come and live with us.

I think we have everything we need to know and what to do but if anyone can add they're experiences of this process and what they did that would be great just so we do it properly and use the correct forms.

We will not be traveling to Thailand until the start of next year but want to try and get it handed in and processed so he can travel back to the Uk with us (a family friend is doing what needs to be done in Thailand) so any help and advice would be great.

Thanks gunn09.

[7by7]

My experience of obtaining a visa for my step daughter is a bit out of date (over 10 years) but we did have no trouble at all. The main reason for this was that mother and child applied at the same time.

The biggest hurdle for those who apply separately is showing that the parent has been exercising sole responsibility for the child during the separation, so you must provide evidence that your wife has been doing so. See What is sole responsibility?

N.B. I've amended your topic title to show that you are asking about the UK.

[bobrussell]

We applied for my step-daughter nearly two years ago. As stated by 7by7 the key thing is to 'prove' sole-responsibility. Without knowing a bit more about your situation it is difficult to be more helpful.

The key thing seems to depend on the fathers situation. If there is no father on the scene it will make the application much more straight forward. You will be required to show evidence of this!

Who has been taking the day to day decisions on behalf of your child? Who decides on which school for example? If your wife does then this should be an example of sole responsibility. If the father has an input it will be more difficult to show sole responsibility. The argument will run along the lines that the child could live with the father!

We explained that there was no close family able and willing to look after her. The biological father was not on the scene (nor on the birth certificate). Although it is common for extended family to look after children in Thailand this does not seem to be relevant when a mother settles in the UK. It is still expected that the child will settle with the responsible parent.

The Embassy did not make a big point of it and the visa was issued without question.

Not much more advice can be offered without more details. If you are happy to give a little more information I am sure good advice will be forthcoming. If things are very complicated then professional advice would be worthwhile!

[gunn09]

HI again,

The situation with sole responsibilty should not be a major concern I think as the father has never seen the child and is not present on birth certificate or had any dealings in his up bringing,

My wife sends money each month to her mother who is looking after the child and talks on the phone every few days and also makes all the major decisions for him.

I will basically provide all the same sort of info as I did for my wifes visa I.e phone records, bank statements showing transfers.

1 quick question do we use the same settlement forms as we did for my wife's visa as I cant see any others that fit the purpose?

Thanks gunn09.

[7by7]

If you read the link I provided earlier, you will see that sole responsibility is not just a matter of what, if any, interest the father takes in the child's upbringing.

The important factor is what part your wife plays. You need to provide evidence of regular contact between them, contact between your wife and whoever is currently caring for the child,, financial support provided by your wife (or you) etc.

Yes, it is the same form and, unfortunately, the same fee. As he is not applying as a spouse, fiance or partner he will not need an English test, but if he is 11 or older he will need a TB certificate.

Your step-son's visa, assuming he is successful, will match his mother's. If she does not have ILR then his visa will expire when hers does so they can apply for ILR at the same time. If she does have ILR then he will be granted ILE; which is the same as ILR except it is granted outside the UK and ILR is granted inside the UK.

[gunn09]

Thanks for the reply 7by7,

One more quick question about this, I didn't realise that his visa would run out when his mothers did, so basically when it does will we have to pay 2 fee's when they apply for ILR or will he be added to his mothers and 1 fee will be needed?

The reason for asking is her visa will expire next april and we'll then apply for the ILR when we are able so if her son comes to the UK in January he'd only have 3 months before we would then have to pay out more money so would it make sense for us to get her ILR sorted and then apply for his visa.

I'm a bit confused now but thanks for your help.

Gunn09.

[7by7]

The ILR fee for the main applicant is £972 by post or £1350 in person.

The fee for each child under 18 applying at the same time is £486 by post or £675 in person.

These are the current fees and are subject to change.

Remember, though, that ILR applications can take as long as 6 months to process; so if you wait until your wife has her ILR, it may be October next year before you can apply for her son.