Thai Children Joining Mother & Stapfather In Uk

[ralphsilver]

Not a dream. It will happen but i do not want it to take 2 or 3 tries and appeals. As to your question about why they did not join their mother, and me there is a very good explanation but it is a personal matter not up for discussion.

Thank you to all members posting sensible, constructive information, we now know the areas to address for the application.

[ralphsilver]

Please try to get your facts right the Aunt is now in poor health, not as you suggest. Have you never made a decision you regret later ?

[norrona]

Not a dream. It will happen but i do not want it to take 2 or 3 tries and appeals. As to your question about why they did not join their mother, and me there is a very good explanation but it is a personal matter not up for discussion.

Thank you to all members posting sensible, constructive information, we now know the areas to address for the application.

when I wrote dream I was not directing at you or your wife but my friends wife whose daughter has been away from her for over 8 years now...

personal or not your reason for not bringing the children over here at the start after what you have said would have been a very beneficial life to them, i.e you are not short of money-have means to house them along with trust funds etc the fact you refuse to discuss this on a forum of anonimity rings bells....

like I said before, Good Luck :jap:

[ralphsilver]

Not a dream. It will happen but i do not want it to take 2 or 3 tries and appeals. As to your question about why they did not join their mother, and me there is a very good explanation but it is a personal matter not up for discussion.

Thank you to all members posting sensible, constructive information, we now know the areas to address for the application.

when I wrote dream I was not directing at you or your wife but my friends wife whose daughter has been away from her for over 8 years now...

personal or not your reason for not bringing the children over here at the start after what you have said would have been a very beneficial life to them, i.e you are not short of money-have means to house them along with trust funds etc the fact you refuse to discuss this on a forum of anonimity rings bells....

like I said before, Good Luck :jap:

Being a westham supporter rings no bells lol. Edited December 16, 2011 by 7by7
Response moved out of quote

[7by7]

I am a firm believer that a child should be with a parent if that is possible..........

As am I. However, as I'm sure you appreciate, for a variety of reasons it is not always possible for mother and child to emigrate together; usually because of finance and/or accommodation issues.

My step-son did not come to the UK when his mother and sister did; partly due to accommodation issues, which could have been fixed, but also because he was 17 and in his last year of high school with a university place virtually secured. After much discussion we decided it was better for him to remain in Thailand and finish his education rather than move to the UK and a different education system in a foreign language. His sister was 10, and settled into a UK state school very well; mainly due to the excellence of the head and other teachers at her initial school.

My wife missed her son terribly; still does. Eleven years later he is married, but still her little boy and she still phones him nearly every day.

From what he has said, his finances, the children's ages etc., none of this was a consideration in the OP's case. For the life of me I cannot understand why he and his wife have waited over five years before applying for settlement for the children; and appear to be doing so now only because their current carer is to old and frail to continue caring for them.

But, he no doubt has what he considers to be valid reasons for following that path.

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.

Whether an immigration system should be 'sympathetic' or based on law is a matter for a larger debate than is appropriate in this topic; as is whether 'we' are 'struggling' with the system or not.

ECOs do not look for reasons to reject; they look to see whether or not the application meets the requirements of the immigration rules. If it does; granted. To make this judgement they look at all the relevant circumstances, using evidence supplied by the applicant and/or sponsor, and each case is judged on it's own merits.

For child settlement, sole responsibility is a, if not the, major requirement. If parent and child have been living together and are applying together, sole responsibility is very easy to show. But if they have been separated it becomes harder; and the longer the separation the harder it becomes.

Ralphsilver, best of luck with these applications; take nothing for granted and ensure that you have anticipated all possible questions or doubts the ECO may have and answered them in the application or supporting documents.

[ThaiVisaExpress]

All I will add is myself & Tony deal with the embassy daily submitting a lot of applications. And what in general terms is a good solid application a simple phone call to the child's guardians can end as a refusal.

• How long has the child lived with you
• The father does he have any contact (do you have his number)
• How often does the mother call
• Who chose the school
• When was the last time the mother visited

An example of what they ask & they will conduct telephone interviews for sure to check the facts.

[candyman123]

Send the children to an EU school for six months and move them to England under the EU rights act!!!! done and dusted and very simple

[BigJohnnyBKK]

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!).

> 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!

The idea that children really **have to** stay with the biological parents rather than the extended family unless there is a "really good reason" is so culturally specific to the West with its sick idea of the isolated nuclear family. It's quite arguable that having them raised in their native country, in accordance with their native culture by extended family was truly in their interest, helping them grow up to be decent people.

I'm not arguing with the bureaucratic reality here, but would hope that more real people here wouldn't take a judgmental attitude. The mother has been turning herself inside out to do what's best for the kids and deserves full support in bringing them over if that she feels that's what's best for them now.

[arthurwait]

I know absolutely nothing about this subject, but would adopting them help with Visas ?

[7by7]

Send the children to an EU school for six months and move them to England under the EU rights act!!!! done and dusted and very simple

They are not EEA citizens, so would need the appropriate visa from which ever country they were sent to school in.

That they have been living in an EEA state does not necessarily mean they can then move to the UK using the EEA regulations. To be able to do so the OP would need to have been living and working in that state with his wife and the children and now be returning to live in the UK. See EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases)

I know absolutely nothing about this subject, but would adopting them help with Visas ?

Inter country adoption is a very complex and lengthy process and would not help. See SET7.18 How do adopted children qualify for settlement? and immigration rules, paras 309A to 316F

[norrona]

Not a dream. It will happen but i do not want it to take 2 or 3 tries and appeals. As to your question about why they did not join their mother, and me there is a very good explanation but it is a personal matter not up for discussion.

Thank you to all members posting sensible, constructive information, we now know the areas to address for the application.

when I wrote dream I was not directing at you or your wife but my friends wife whose daughter has been away from her for over 8 years now...

personal or not your reason for not bringing the children over here at the start after what you have said would have been a very beneficial life to them, i.e you are not short of money-have means to house them along with trust funds etc the fact you refuse to discuss this on a forum of anonimity rings bells....

like I said before, Good Luck :jap:

Being a westham supporter rings no bells lol.

nearly top of the championship...that'll do me :jap: