Thai Children Joining Mother & Stapfather In Uk

[ralphsilver]

Hi, Can anyone please advice me about getting a visa for my wife's two children for settlement in the UK.

Children are age, Boy 10, girl 11

I am British born citizen

My wife is living and working in the UK since our UK Marriage in 2006 she has ILR settlement visa. Pays taxes and NI etc.

We have all the right credentials and paperwork plus my assetts are around 500k so not problem suporting the children.

I did see somewhere that it would cost 40,000 baht per child seems high to reunite children with their mother and stepfather.

Will it require us to do the Visas in Thailand or is their a way to apply in the UK

I have received valuable information from Scouse in 2005 when my wife first visited the UK.

Thank's in anticipation RS

[ralphsilver]

I think i have put this topic in the wrong category would admin please move it for me to visas for other countries thank's

[Maestro]

Moved to the forum "Visas and migration to other countries"

[VisasPlus]

Getting visas for children to join parent(s) in the UK can sometimes be difficult, but not always. The sponsoring parent ( your wife, in this case ) must show she has had what is called "sole responsibility" for the child(ren). This means, in effect, that although she and the childen have been apart, she must show that has had the responsibility for making major decisions in their lives. The visas must be obtained in Thailand.

The 40,000 Baht that you mention sounds like the visa fee. The children need settlement visa, and at the moment these cost 40,500 Baht each ( 810 GBP). In addition they will need ( aged 11 or over) TB Tests showing them to be clear of TB.

If you, your wife, or her family are near Pattaya at any time, please feel free to call in to our office for a chat.

[ThaiVisaExpress]

The processing eco will be looking at the following for sure :

• When was the last time your wife visited the children & how many times has she visited since she arrived in the UK.
• Do you send financial support
• Do you also have evidence of close contact phone records etc
• Does the Father take any role in the children's life
• Who takes care of the children in Thailand ( not the fathers family)

We deal with a lot child settlement applications I am currently working from my UK office (free advice) and my number can be found on my website.

[7by7]

Have a read of Settlement; children, paying particular attention to SET7.8 What is sole responsibility?.

Unlike VP and TVE I am not a professional, but in my opinion as mother and children have been separated for 5 years you may have difficulties with sole responsibility.

I would also explain in their applications why you have waited 5 years before applying for them to join their mother.

[ralphsilver]

A big thank's to all you guys for the valuable information received so far, much to consider and do.

We have been through all the hurdles with wife's first tourist visa, marriage visa, ILR visa so are well aware of all the paperwork and proof involved.

The reason for wanting the children to join us now aftwer 5 years is that wife's aunt who looks after them is 60+ and her health is failing. Our daughter is nearing a teenager and getting more difficult to control as teenagers are.

My wife and myself have fully supported them financially since she left Thailand and has made all major decisions. Both children go to private school in Bangkok. My wife has returned to bee with them every year for at least five weeks a time and for the last two years has returned two times a year.

The childrens father and my wife were never married, he has only visited the children once in the last five years, and his family have never been in contact with them.

We send 22,000 baht per month for their upkeep and have done so for 5 years in access to this all medical bills, clothes and uniform paid, and school fees paid by us at 120,000 baht per year for two terms.

My wife speaks to them at least 5 times per week by telephone and every Saturday and Sunday spends around 10 hours on SKYPE with them.

Once again thank's and please keep posting with any further information.

RS

[ThaiVisaExpress]

A child settlement visa is totally different the embassy will conduct a telephone interview with the children's guardians. In my last three cases the embassy conducted interviews so ensure you have everything covered.

Good luck

Edited December 15, 2011 by 7by7
Unnecessary full quote of preceding post removed.

[ThaiVisaExpress]

Have a read of Settlement; children, paying particular attention to SET7.8 What is sole responsibility?.

Unlike VP and TVE I am not a professional, but in my opinion as mother and children have been separated for 5 years you may have difficulties with sole responsibility.

I would also explain in their applications why you have waited 5 years before applying for them to join their mother.

All applications have difficulties & in my opinion I can already see the possibility of problems arising 5 years is a long time to leave a child in the care of family.

We had a case of only a 2 year separation & that went to appeal in the UK & it was subsequently overturned. However its all about how the eco interprets who has sole responsibility.

[bobrussell]

If there are genuine health reasons why a relative/guardian can no longer look after a child it seems to me be quite appropriate for a child to move to the UK in order to live with the parent. Proof of this might be required to convince the ECO/ECM. In this situation I cannot see any justification in a visa being rejected even if there had been a significant period of separation.

I am sure a refusal would be overturned at appeal. You need to show sole-responsibility and might have a battle to convince the ECO that circumstances have changed. It is a requirement that the welfare of the child has been taken into account.

If you are applying on the basis that the present carer is no longer able or suitable to continue care you must be prepared to provide good evidence. Perhaps this is one of the occasions where it may be appropriate to get professional help to prepare the application especially as there will be a charge to appeal from the 19th!

Good luck!

Edited December 14, 2011 by bobrussell

[VisasPlus]

You could be right. The exception to sole responsibility would be covered by this section of the immigration rules :

"one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care"

The criteria are strict. If there are other relatives that the child can live with in Thailand, then the visa officer would probably make a case that the child could live with them. This could be a fairly complicated application.

Edited December 15, 2011 by 7by7
Unnecessary full quote of preceding post removed.

[brynpugh]

Im currently going through this process and can ensure you that no matter how much you send, keep in contact or visit at the end of the day the ECO will go down the line of the time apart, that was a big part of the reason we were refused. We appealed and still got refused so just beware it isnt straight forward and please listen to the likes of VP and TVE. All applicants have their reasons for the time apart, thats your business but go and get professional help so you avoid the disappointment/hurt that we are currently going through. i wish you all the best in the future especially to reunite the children to their mother that is the main issue

Edited December 15, 2011 by 7by7
Unnecessary full quote of previous two posts removed.

[bobrussell]

I would agree, get professional help with this one. It is possible to get visas for the children but great care will be needed with its preparation. if the present carer is unable to look after them then it may need a medical report, for example, to show this. If there are other family members the ECO will almost certainly resist so it will be necessary to show reason for this being impossible.

I don't think anyone has said it will be easy but there is scope within the rules for visas to be issued but the difficulty is convincing the ECO initially and possibly an appeal judge later. It is probably going to be an uphill struggle but it is possible.

Edited December 15, 2011 by 7by7
Unnecessary full quotes of previous three posts removed.

[7by7]

The reason for wanting the children to join us now aftwer 5 years is that wife's aunt who looks after them is 60+ and her health is failing. Our daughter is nearing a teenager and getting more difficult to control as teenagers are.

The reason for you wanting them to live with you now is, in my opinion, far less important than the reason why they have not come to live with you before now.

[ralphsilver]

Thank's guys I am sure there are many hurdles.

They must put the children first, and formost imho

Their carer has just had a tripple heart bypass, and my wife only has a brother who is single, and is a seaman, so there are no other family members. Their father is in Bangkwang for the next 15 years so no help there.

Monday i asked my brother who is a senior officer in the special branch in London with over 30 years service if he could help, and just got some good news his contact at the British embassy London has made enquiries and based on our evidence of the situation, and proof of this sees no problem with the 5 year seperation. Yes he does not control the Official in Bangkok but tells us to let him see our application befor applying. He also suggests that my brother make a affidavid statement confirming our reason for wanting the children to join us in the UK he would also be prepared to write a letter for us outlining our pending application and his views.

[7by7]

Having a professional check over the application is always a help, of course. However............

There is no British embassy in London! If you mean someone at the Home Office then, with respect, unless that person has experience in entry clearance his advice only has as much worth as that of anyone here. To be frank, less than someone like VisaPlus who has worked as an Entry Clearance Officer.

The ECO will make their decision based upon the requirements of the immigration rules, para 297(e) being the most relevant here, using the guidance linked to earlier to aid them.

Affidavits, even from senior police officers, will carry little weight if the requirements of the rules are not met.

From what you have said, para 297(f), quoted by VisaPlus above, applies here; but you must provide compelling evidence that it does. If you don't, all the affidavits in the world wont help.

They must put the children first, and formost imho

No, they must, as already said, judge the application on it's merits. If it meets the requirements of the rules; fine. If not, they wont issue a visa.

Playing devils advocate for a moment; if the interests of the children are primary to you, one does have to wonder why you have waited for five years before considering having them live with you. Indeed, it seems from what you have said that you are only considering it now because of their current carer's, your wife's aunt, increasing age and frailty!

That may seem harsh, but I am sure similar thoughts will be in the ECO's mind; you need to deal with such doubts before they occur!

[ThaiVisaExpress]

Thank's guys I am sure there are many hurdles.

They must put the children first, and formost imho

Their carer has just had a tripple heart bypass, and my wife only has a brother who is single, and is a seaman, so there are no other family members. Their father is in Bangkwang for the next 15 years so no help there.

Monday i asked my brother who is a senior officer in the special branch in London with over 30 years service if he could help, and just got some good news his contact at the British embassy London has made enquiries and based on our evidence of the situation, and proof of this sees no problem with the 5 year seperation. Yes he does not control the Official in Bangkok but tells us to let him see our application befor applying. He also suggests that my brother make a affidavid statement confirming our reason for wanting the children to join us in the UK he would also be prepared to write a letter for us outlining our pending application and his views.

Ask him for it in writing please he/she wont be processing your application.

[ralphsilver]

Sorry I should have said senior official at the Home Office in London not embassy.

The main worry for us is the five years, but should anything happen to aunt god forbid the children would be alone, and then my wife would have to return to Thailand. Maybe i am wrong but surely the aunt's illness is a compeling reason for granting the visa application.

Edited December 15, 2011 by ralphsilver

[ThaiVisaExpress]

Sorry I should have said senior official at the Home Office in London not embassy.

The main worry for us is the five years, but should anything happen to aunt god forbid the children would be alone, and then my wife would have to return to Thailand. Maybe i am wrong but surely the aunt's illness is a compeling reason for granting the visa application.

Have you evidence about the Aunts illness backing up your claim ?

[ralphsilver]

Sorry I should have said senior official at the Home Office in London not embassy.

The main worry for us is the five years, but should anything happen to aunt god forbid the children would be alone, and then my wife would have to return to Thailand. Maybe i am wrong but surely the aunt's illness is a compeling reason for granting the visa application.

Have you evidence about the Aunts illness backing up your claim ?

100% evidence, from doctor through to heart bypass operation even got some pictures. Maybe i should have mentioned before that aunt lives with children in our house in Bangkok and she has little help herself so may have to go back to her family for care in her home villiage.

I know it is going to be a lot of work preparing, and presenting the settlement application. I hope my 40 years in business have taught me presentation and evidence are vital.

I do have a concern that it may be suggested our children change from being a day pupil to a boarder at their school but that would leave them with no support.

[norrona]

excuse me for asking, but what exactly was the reason they wasn't brought here in the first place...you got 40 years in business so must be a business man and have assets and could afford it in the first place, so what is the reason they were not brought here with their mother?

I have a friend whose wife dreams about getting her daughter over here but she came here over 5 years ago and from what I have read it seems they will never let that happen!

5 years ago you could have had them come here quite easily....nowadays I am not so sure?

Good luck

[steve187]

I think that you are going to have more problems than you anticipate, and it will be a uphill battle, this statement is based on a friends battle to do the same which ended in failure.

Why oh why have you left it so long to try and get the children to the uk, there was a thread a short while ago by a person in similar circumstances. and as i posted there, I am not connected with any agents, and i would not normally advise the use of them in most circumstances, but in your case i would advise using a good agent with a good track record for cases in the same circumstances as yourselves.

[bobrussell]

The experienced posters are all pretty clear and united about what needs to be done! Get proper help to prepare the application. Do not assume anything! Just because a senior civil servant says it will be alright do not assume it will be.

You have to prove to an acceptable level to the ECO that for the childrens welfare there are no options other than for them to join you in the UK. The five years separation is a fact and cannot be changed. You will pretty much have to show that if they do not get visas they will not be looked after in Thailand.

If you can show evidence that the carer is completely unable to care for them and there are no other family members then visas should be issued. The ECO's know all the tricks of the trade and will have become a little cynical. Evidence will need to be watertight.

Get professional help! Do not try it on your own unless you are extremely sure of your capabilities. Assistance from a good professional may save you a lot of heartache and delays and will be well worth the cost.

The immigration rules do provide for this situation but don't take anything for granted.

[ralphsilver]

Nothing taken for granted, i am sure it will be a tough application, but one that i will prepare for with the help and advice i have received here, and other.

The main hurdle is the 5 years. imo subject to all paperwork, and proof i feel confident. Why would application be rejected unless they want to leave the children alone in Thailand. This is the criteria for compelling settlement. We now want the children with us not just because they are missed but for their safety.

I am sure we will proceed with the settlement application in 2012 and the children will not be left alone they will join us one way or another as far as i know settlement visa is not the only way we can get them here though it is the better to get a ILR VISA than trying to sort it out one they are here.

[bobrussell]

Nothing taken for granted, i am sure it will be a tough application, but one that i will prepare for with the help and advice i have received here, and other.

The main hurdle is the 5 years. imo subject to all paperwork, and proof i feel confident. Why would application be rejected unless they want to leave the children alone in Thailand. This is the criteria for compelling settlement. We now want the children with us not just because they are missed but for their safety.

I am sure we will proceed with the settlement application in 2012 and the children will not be left alone they will join us one way or another as far as i know settlement visa is not the only way we can get them here though it is the better to get a ILR VISA than trying to sort it out one they are here.

The skill is not so much what you present to the ECO as much as how it is presented!

I am a firm believer that a child should be with a parent if that is possible and don't like the fact that the period of separation comes into the equation at all! Sadly it does and other posts have been started by people that have struggled with visa rejection based on the time separated.

A truly sympathetic immigration system would allow parents to base these decisions on what they decide is best for the child. The one we are struggling with is a system that looks for reasons to reject.rather than reasons to approve.

If in doubt perhaps post a summary of intended documents for allow one of the real experts on the forum to help! (keeping personal details to a minimum of course!).

[ralphsilver]

I agree with you post Bob, i will consult a visa specialist for a look over application before submitting but my wife and i will handle it from there. I do have the ability to put forward our case in a compelling, and articulate mannor.

I am in no doubt this will be the toughest visa application we have applied for, but saying that the Tourist / Marriage / and ILR were easy despite all the horror stories told to us prior to applying.

Edited December 16, 2011 by ralphsilver

[transam]

Nothing taken for granted, i am sure it will be a tough application, but one that i will prepare for with the help and advice i have received here, and other.

The main hurdle is the 5 years. imo subject to all paperwork, and proof i feel confident. Why would application be rejected unless they want to leave the children alone in Thailand. This is the criteria for compelling settlement. We now want the children with us not just because they are missed but for their safety.

I am sure we will proceed with the settlement application in 2012 and the children will not be left alone they will join us one way or another as far as i know settlement visa is not the only way we can get them here though it is the better to get a ILR VISA than trying to sort it out one they are here.

The skill is not so much what you present to the ECO as much as how it is presented!

I am a firm believer that a child should be with a parent if that is possible and don't like the fact that the period of separation comes into the equation at all! Sadly it does and other posts have been started by people that have struggled with visa rejection based on the time separated.

A truly sympathetic immigration system would allow parents to base these decisions on what they decide is best for the child. The one we are struggling with is a system that looks for reasons to reject.rather than reasons to approve.

If in doubt perhaps post a summary of intended documents for allow one of the real experts on the forum to help! (keeping personal details to a minimum of course!).

BUT, the lady looking for her better life in UK started the ball rolling when the kids were probably 3 or4, that looks like abandonment to me as the new farang hubby could easily pay for mum to be with her kids, bring them up. They are paying someone to do just that and another can easily be found cos the cash is there. So why should an immigration guy, looking at mums history bring them in now.

If the lady splits with this guy the UK tax payer will have to take care of them all.

[ralphsilver]

Way of base. The UK taxpayer will never support our children they both have trust funds. They would also receive private education in the UK

Allways one appears eh

[transam]

Way of base. The UK taxpayer will never support our children they both have trust funds. They would also receive private education in the UK

Allways one appears eh

Yes one always appears after reading the facts. Your lady abandoned two kids a little older than babes and after 5 years wants them with her now cos someone else doesn't want to take care of them.

Sorry if l upset you but it is a forum for comment and after reading your post and thinking about it, my post.

[norrona]

still no explanation from the OP as to why kids with trust funds and private school education were not able to travel with their mother in the first place?

If you run the explanation by the forum members then you will get experienced opinions and comments so surely it is in your best interest to say?

I am interested in this topic as a very good friend of mine is dreaming they can do the same as exactly what you are looking to do and whilst not impossible it is indeed very tricky