First Steps To Bring My Thai Wife'S 2 Daughters To Uk

[Danart69]

Hi my thai wife has been in the uk with me for 3 mints now on a spouse visa we have just had our first daughter born here 2 weeks ago we would like to now bring her 2 daughters here age 14 and 9 they both have passports and live with her older sister there father has signed over all lllegal documents to my wife as sole carer and has consented to them luviving in uk if a visa is granted.. What procedures do we now take to go through the process of getting them here any help Ivor advice would be great thanks

[7by7]

It would have been better had the children applied at the same time as their mother. Applying on or after 9th July means that they will be subject to the new financial requirements.

This means that you will need to show that you have an income of at least £24,800. (See page 20 and Appendix B of this document.)

In addition you will need to show that they will be adequately accommodated and that your wife has been exercising sole responsibility.

[VisasPlus]

It would have been better had the children applied at the same time as their mother. Applying on or after 9th July means that they will be subject to the new financial requirements.

This means that you will need to show that you have an income of at least £24,800. (See page 20 and Appendix B of this document.)

In addition you will need to show that they will be adequately accommodated and that your wife has been exercising sole responsibility.

As 7x7 says, the first hurdle is the financial requirement. Do you have an income of at least 24,800 a year ? This is not necessarily from salary alone.

If you meet the income requirement, then your next hurdle is probably showing that your wife has has sole responsibility for the children. This may not be as easy as having a letter from her ex-husband saying that this is so. In fact, having a letter like that, from an ex-husband, often leads the ECO to believe, or argue, that the ex-husband still has some responsibilty in decisions concerning the child(ren).

[Danart69]

Hi thanks for that info..have the first hurdle covered regarding income.. For second hurdle what sort of evidence should I gather for proof of my wife's sole responsibility over her daughters well being

[VisasPlus]

Hi thanks for that info..have the first hurdle covered regarding income.. For second hurdle what sort of evidence should I gather for proof of my wife's sole responsibility over her daughters well being

Have a look at Section 4 of this document ( Guidance on sole responsibility ) for a start :

FM 3.2 Child_gen and sole resp.pdf

[ThaiVisaExpress]

They will interview family members that is a certainty & possibly the father, Tony has already posted some guidance take a look at that.

[all done]

^{It would have been better had the children applied at the same time as their mother. Applying on or after 9th July means that they will be subject to the new financial requirements.}

^{This means that you will need to show that you have an income of at least £24,800. (See page 20 and Appendix B of this document.)}

^{In addition you will need to show that they will be adequately accommodated and that your wife has been exercising sole responsibility.}

^{As 7x7 says, the first hurdle is the financial requirement. Do you have an income of at least 24,800 a year ? This is not necessarily from salary alone.}

^{If you meet the income requirement, then your next hurdle is probably showing that your wife has has sole responsibility for the children. This may not be as easy as having a letter from her ex-husband saying that this is so. In fact, having a letter like that, from an ex-husband, often leads the ECO to believe, or argue, that the ex-husband still has some responsibilty in decisions concerning the child(ren).}

^{I wouldnt worry too much about these changes, they are undergoing judicial review already and Theresa May has been made to show how incompetent she really is, these changes will likely be withdrawn in the very near future and if not you could legally challenge them should your visa be refused as even the Lords has questioned their validity as they were rushed through the back door.}

^{Edit :-}

^{An obvious cut and paste job from an article published elsewhere has been removed as it probably breaches copyright.}

^{Articles published elswhere may be quoted provided you comply with fair use laws. Fair use means, among other things, not quoting the article in full and providing a link to the quoted source.}

^{See Forum Rules.}

Edited July 20, 2012 by 7by7

[VisasPlus]

At the moment the OP does have to worry. It may well be that the challenge at judicial review is successful, but until it is, then the OP must comply with the new rules. Your post above is taken from another source, not your own thoughts. The Home Office has already overcome the hurdles you mention by putting the specified requirements before Parliament yesterday, They are now law until, and if, overturned at judicial review of in a higher court.

Your comments, with respect, that the OP can appeal and/or legally challenge any refusal rather depends on whether the OP can afford to do so. Any legal challenge ( the appeal itself is 80 GBP or 140 GBP) would be expensive in the courts. Just because the Lords have questioned the new rules doesn't mean that they will not be in place for some time. I happen to agree with you, in general, that they will be withdrawn or amended, but we cannot, unfortunately, rely on that at this stage.

Edited July 20, 2012 by 7by7
Unnecessary full quote of preceding post removed.

[ThaiVisaExpress]

As we are well aware Tony as we deal with UK immigration daily we are stuck with these rules until something changes.

[Ch23]

I will be in the same situation in the not so distant future, having read the financial requirements in 'this document' provided by 7by7 (sorry still not go to grips with quoting). On page 39, point 142, bullet point two. Would I be correct on thinking that so long as I or the missus has had over £16,000 sat in a our bank account for more than six months then we would be exempt of the salary conditions?

Only concerns are that it says I need to have the required salary for more than six months and that will not be possible in my case. be a pain to wait even longer. The money in the bank she can do....

thanks for any help!

[Ch23]

nvm, read further on and found the answer out... page 46 (max required if no job £62,500). so if you've got a sh*t lot of cash available to collect dust in the bank u've got an easy ride. interestingly it seems that this can come from a relative, so providing they trust you enough they could deposit it into your account and let it 'collect dust' their until your free to give it back.

correct me if i'm wrong.

[VisasPlus]

nvm, read further on and found the answer out... page 46 (max required if no job £62,500). so if you've got a sh*t lot of cash available to collect dust in the bank u've got an easy ride. interestingly it seems that this can come from a relative, so providing they trust you enough they could deposit it into your account and let it 'collect dust' their until your free to give it back.

correct me if i'm wrong.

You right, but it is a minimum of 62,500, not a maximum of 62,500. This amount of savings can replace the entire income level requirement of 18,600 a year. It can be "gifted" to you, but it must be "under your control" for at least the previous 6 months. You can mix and match income and savings ( that is, if you have some income, then the amount of savings required becomes less ). Of course, if children are applying for visas too, then the amount of income and/or savings goes up !

Edited July 21, 2012 by VisasPlus