I Would Like My Son To Come To England! How To Do Please?

[suadlam]

Hello, my name is Suphisara (Sue) and I am from Thailand.

I became a British Citizen in November 2012 and have lived in UK for 8 years.

I have a son (13) who lives in Thailand with my parents. His father left us when he was just 3 months old.

I would now very much like for my son to come and live with me and my boyfriend (who is British) here in the UK so we can make new life together.

Any information or guide for how best we apply for this to happen will be very much appreciated.

It is now my dream for my son to be with me at last.

many thanks,

Sue xxxx.

[7by7]

Have a read of UK Settlement Visa Basics, which should tell you most of what you need to know.

Then feel free to ask any questions on anything you are still unsure about.

[suadlam]

Hello, thank you for take time to help. We have taken time to read your helpful guide and also looked at UK Gov Visa Application website (http://www.ukba.homeoffice.gov.uk).

Our questions are:

1) If we read this correctly, he must apply for a visa online 'from Thailand' - I guess we can do this on-line here in the UK OR do we fill in a VAF4A form here? OR do you have to do both?.. Bit confusing that bit!

2) Since leaving 13 years ago we have never seen his father. Will this be a problem for apply visa?

3) Do I need to provide 'proof' as to why he should come to UK?

4) Will he need to prove good use of spoken and written English (A1 of the CEFR)?

5) How to actually prove the following (is it enough that he is only 13 for example and provide birth certificate)?

_i) Is not leading an independent life.

_ii Is not married.

_iii) Has not formed an independent family unit.

Thank you for to help us,

Sue

Edited February 11, 2013 by suadlam

[7by7]

1) You can complete the form online for him anywhere; Thailand, the UK, anywhere.

Once it is completed it is printed out and signed and then he takes it to the UKVAC in Bangkok to submit with his supporting evidence and to have his biometrics taken.

2) The less contact he has had with his father and his father's family, the easier it will be to show that you have been exercising sole responsibility for the 8 years you have been separated.

3) No. But you should say why he has not come to live with you before and what has changed so you want him to do so now.

4) No. Only those applying as spouse, fiance or partner need to do this.

5) At his age, you do not really need to do anything other than prove his age. But you do need to explain who has been caring for him for the last 8 years and why they are no longer able to do so.

[suadlam]

Thank you @7by7,

Your responses are helping us understand the process very much!

3) No. But you should say why he has not come to live with you before and what has changed so you want him to do so now.

Is it therefore enough to prove that I can now bring him to UK on sucessfully gaining my British Citizenship as of Nov 2012?

5) At his age, you do not really need to do anything other than prove his age. But you do need to explain who has been caring for him for the last 8 years and why they are no longer able to do so.

To date my parents have been looking after him back at home in Thailand (Buri Ram).

How can this be proven?

His grandparents are now getting quite old: my mum is 63 and my dad 67. Although I send money home for his support, it is quite a financial strain for them.

Again, how to provide proof of this?

I think getting birth certificates / marriage certificates for my parents may be impossible. During my application for British Citizenship, it was quite a struggle to even ask of my parents when they were born (they had to think about that one)! And they could not remember the exact date or even the year of their marriage. Made my boyfriend laugh

Thank you so much once again for your help,

Sue

[ThaiVisaExpress]

Your biggest problem will be establishing that you have had sole responsibilty for your son's upbringing during the 8 years that you have been in the UK. With respect, that is a long time to leave your son with relatives, and still be able to show that you have had responsibility for the major decisions in his life. The fact that your parents are now getting on in years could be a helpful factor in any application.

It may be a good idea for you to seek advice before submitting an application, from Citizens Advice Bureau, or an immigration adviser. If we can help, then please let us know.

[bobrussell]

These situations are fraught with complications. The UKBA are likely to argue that the child has been looked after for 8 years so why change?

The more regular your visits to see him have been the easier it is going to be to show parental responsibility has remained yours.

What has changed to make it necessary for the child to move to the UK?

British Citizenship does not necessarily change things as your child is still Thai, not British. If your parents are in failing health and there is no close family to take over there is some argument there.

Not one to do without specialist help. My advice is don't even try. As TVE suggests CAB may have an adviser. If not go for an experienced immigration solicitor .Many solicitors are not experienced enough! There are not a lot of these around. Much of the work can be done at a distance so TVE may be able to help more than you might think.

My sister-in-law used a Southampton immigration lawyer and apparently she deals with cases from all over the UK..

The alternative is an OISC regulated adviser.

http://oisc.homeoffi...ration_adviser/

Edited February 13, 2013 by bobrussell

[7by7]

3) No. But you should say why he has not come to live with you before and what has changed so you want him to do so now.

Is it therefore enough to prove that I can now bring him to UK on sucessfully gaining my British Citizenship as of Nov 2012?

You'll need more than that; there is no legal reason why he could not have come to live with you in the UK before you became a British citizen. He could have come with you 8 years ago. Although I do appreciate that personal circumstances, e.g. finances or available accommodation, then may have made that impossible.

To date my parents have been looking after him back at home in Thailand (Buri Ram).

How can this be proven?

His grandparents are now getting quite old: my mum is 63 and my dad 67. Although I send money home for his support, it is quite a financial strain for them.

Again, how to provide proof of this?

Explain the situation in your sponsors letter and provide as much evidence of contact with him and your parents, visits to see him and money sent for his care as you can. Stress that they always consulted you, and you made the final decision, about his care; school etc.

I agree with TVE and Bob; 8 years is a long time and you may need more expert advice than this forum can provide.

[suadlam]

......My sister-in-law used a Southampton immigration lawyer and apparently she deals with cases from all over the UK......

Hello again,

If possible, could you let me know who she used in Southampton please?

Thank you again,

Sue

[theoldgit]

Off topic remarks as well as reasonable responses removed.

The OP has come here for advice and guidance, not a lecture on one persons view.

Please don't continually force your views on this forum, it's really not helpful.

[bobrussell]

......My sister-in-law used a Southampton immigration lawyer and apparently she deals with cases from all over the UK......

Hello again,

If possible, could you let me know who she used in Southampton please?

Thank you again,

Sue

Not sure for two reasons! Firstly not sure if it is acceptable to post this info on the forum and secondly because I am not sure they are still there!

Google: MKS Solicitors, Shirley, Southampton but links to website don't seem to work. There is an MKS Solicitors in central Southampton (12-14 Queens Terrace) but I cannot be absolutely sure it is the same legal practice. There is a phone number that you can get using google which I can post if it is OK with the moderators should you be unable to find it.

Check they used to be in Shirley but they were really good when my sister-in-law was in trouble.

[suadlam]

@bobrussell, thank you! Will definitely consider tracking them down.

Sue