Help On Bringing My "step Son" To England

[2013goose]

Hello this is my first time writing on the forums so if this is done wrong or in the wrong place please point me in the right direction.

First of all i have been with my partner now for 3 years and we have one child of our own and i have a step daughter and she also has a son from a previous relationship with whom the father was never present from the birth, his name how ever on the birth certificate she has been here in the UK for 5 years and is going for citizenship later this year.

The man who brought her to the UK is mind my french an idiot he brought his own daughter to the UK but decided because her son was not his own he would not bring him over, being in an aggressive relationship she came to the UK with her daughter and her son stayed with her mother and sister.

Currently i am wanting to bring her son over and if possible adopt him but i'm unsure about how to go about things and whether or not the fact his biological dad's name is on the birth certificate it will matter.

We have been financially and morally supporting her son over the phone and sending money over to them as well as supporting her mother and sister if anyone could help me get my head around this it would be much appreciated.

If any other information is require just tell me what is needed

thanks guys

2013goose.

[Maestro]

I am moving this topic from the forum "Thai visas, residency and work permits" to the forum "Visas and migration to other countries"

[neilk]

I think people are going to need a lot more information, -

What country are you in

Did she come to the country as a spouse

Is your partner still married, divorced, seperated to her last partner, who brought her to the UK

His her son from a previuos relationship, thai, english, etc

His she working, can she support him

although the fathers name, is on the birth certificate, does she have sole custody, sole responsibility, and can she prove it .i.e court order

[2013goose]

Sorry for being vague neilk i was trying to get as much info together before i submitted my next reply

i am in the UK as stated in the post header. she came to the England as a spouse with her first husband and 4 years ago got divorced as the relationship was very abusive he used to be very controlling her son from a previous relationship is a Thai and her daughter (my step daughter is a Thai English) we are both working and are able to support him and have been doing for the last 3 years sending money out to her mother so she can provide for her son she has been phoning him ever since as before with her ex husband she wasn't allowed to is there a certain amount of money we need to be earning and what things must we do to make sure we meet financial requirements, the fathers name is on the birth certificate but he wasn't actually there at the birth and she was told to write it so that they knew who the father was there is no signature apparently just a name, she recalls him leaving before the birth around the time she found out.

As for sole custody he wasn't around to make arrangements with any courts as he left as soon as he found out i saw something on the forums here talking about VG14 form that gets rid of the fathers responsibilities may be me misreading but i shouldn't really need to get that as if there is no signature there's no responsibility.

​If you guys can help me nail this so i know exactly the best steps to take then you will have helped a lot we have been talking about getting him over since we got together but never been as financially sound as we are now.

If there's any more information i can provide you then just ask and i will try and tell you as much as i can.

[steady]

With what you have written I think that you will be very lucky to get your wife's son into the UK. The reason for thinking this is that, as I understand it, the big thing is for your wife to be able to prove that she has sole responsibility for her son. Basically that she has been taking all major decisions in his life and fully supporting him, even though she's been in the UK. It can be done, just look through the threads on this site. However the embassy wants proof and the way you describe things showing proof will be very difficult for your wife to do for the full period of time she has been in the UK. I'm sure that smarter people than me will contribute and correct me if I'm wrong, good luck.

[2013goose]

Me and my partner are not married only engaged.

Is there any possible forms than can be completed to show that she has sole custody.

i can provide bank payments of the money we have sent to her mother but contact wise we have been using phone cars so i'm unsure how we would present that, i'm very new to the whole immigration idea and i want to try and get everything i can to make sure i have everything i can.

We can show that we are paying for the child and if we start recording the calls times or something from now how much would would we need to go back by.

would it still be possible if we could show we had sole custody to bring him here without being a British citizen because we are going over to Thailand in November hopefully and we are waiting to see if my partner completed her life in the UK test before we go if she doesn't would it still be possible. Would you advise using an immigration solicitor to help out as i said i'm very new to this.

any help is appreciated thanks for your input steady

2013goose

[2013goose]

Just found this on a different forum wondered if someone can check if i'm reading this right....

(Sole Responsibility can be demostrated by your court order of full legal custody...nothing else is needed and others have done just the same. But, here is the Entry Clearance Officer's guidance on 'Sole Responsibility':

Quote

SET7.8 What is sole responsibility?

A sponsoring parent (see SET7.2) must be able to show that he/she has been solely responsible for exercising parental care over the child for a substantial period.

If the sponsoring parent and child are separated, the child will normally be
expected to have been in the care of the sponsoring parent's relatives rather than the relatives of the other parent. An application should normally be refused if the child has been in the care of the other parent's relatives and the other parent lives nearby and takes an active interest in the child's welfare.

The following factors should be considered in assessing sole responsibility:

Are the parents married / in a civil partnership?

If the parents' marriage / civil partnership is dissolved, which parent was awarded legal custody, which includes assumption of responsibility for the child?

Where there is a custody order the ECO should take care to ensure that the issue of a settlement entry clearance to the child will not contravene the terms of the custody order. Annex 1 contains a list of those countries whose custody orders can be recognised as valid in UK.

Does the marriage / civil partnership subsist, but the parents do not live together?

If the sponsoring parent migrated to the UK, how long has the sponsoring parent been separated from the child?

If the sponsoring parent migrated to the UK, what were the arrangements for the care of the child before and after the sponsoring parent migrated?

If the sponsoring parent migrated to the UK, what has been/what is the sponsoring parent's relationship with the child?

Has the sponsoring parent consistently supported the child, either by:
direct personal care ; or by regular and substantial financial remittances?

By whom, and in what proportions, is the cost of the child's maintenance borne?
Who takes the important decisions about the child's upbringing, for example where the child lives, the choice of school, religious practice etc?

Emphasis mine. The only time consent from the other parent is needed is when there is a joint custody order.

You have full legal custody, you don't need anything else.)

[steady]

The UKBA website defines their requirement of sole responsibility and that's what must be satisfied. I've read on forums of cases where the father still had a minimal input or another family member said that they took care of the child and the ECO has taken that to say that sole responsibility has not been proved. Trawl through the other threads and read about how others satisfied the requirements. It's a lot easier if the child has always remained with the parent but there are still cases of mothers who have been separated and have been successful but the onus is on you to prove that you meet the UKBA's requirements.

My own personal view is that the ECOs are as fair as they can be but it's up to the applicant to spell everything out to them and put in a complete application covering all of the relevant points. I think that you are going to have to do lots of reading of the UKBA's rules and search out what other successful applicants did in their applications.

[2013goose]

Sorry to try and bring this one back to life but i'm unsure on something im aware i need to be able to account for 6 month or longer to prove we have been solely responsible but would this could if he came to live with us for 6 months with the idea to return to Thailand to make an application to move here?

[theoldgit]

Sorry to try and bring this one back to life but i'm unsure on something im aware i need to be able to account for 6 month or longer to prove we have been solely responsible but would this could if he came to live with us for 6 months with the idea to return to Thailand to make an application to move here?

I assume you mean that you are thinking of applying for the lad to visit you on a tourist visa for six months, that way you would try to convince the UKBA that you have sole responsibility, am I correct?

I think that approach would be unlikely to succeed, a visit visa is just that for a visit, the ECO might well believe that you are attempting to circumnavigate the settlement route.

[steady]

I don't understand why the period of 6 months is being talked about to prove sole responsibility. I thought that the sole responsibility had to be proved for the period of separation (or at least a large part of it), which in this case runs into years. It's all about showing that the child needs that parent's input to live and that the parent makes all the decisions in the child's life, even if other family members take care on a day to day basis. Other factors would be financial input, the amount of contact, the amount of input from other family members and perhaps if grand parents were getting too old or infirm to continue taking care of the child. I can't remember all the rules now but the UKBA website give a very good starting point and I'm pretty certain that there is no specific time period stated.

[2013goose]

Wait so if the grandparent is taking care of him we still have sole responsibility if we are providing finance for him and we are providing "moral guidance"

I'm just very unsure of how the rules work, is there something I should be looking into and what's the best way to proceed.

No no don't get me wrong I wasn't trying to find loop wholes I was saying if I was unable to apply for him to settle would I be able to bring him on a visitor visa then reapply in England for a seperate visa to settle?

I'm just very unsure how things work hence asking lots of question all I need is one person in the know to tell me what I should be doing right now in order to make the application process smoother is there any information that could help to explain the situation more?

Thanks for your input

2013goose

[Jay Sata]

Wait so if the grandparent is taking care of him we still have sole responsibility if we are providing finance for him and we are providing "moral guidance"

I'm just very unsure of how the rules work, is there something I should be looking into and what's the best way to proceed.

No no don't get me wrong I wasn't trying to find loop wholes I was saying if I was unable to apply for him to settle would I be able to bring him on a visitor visa then reapply in England for a seperate visa to settle?

I'm just very unsure how things work hence asking lots of question all I need is one person in the know to tell me what I should be doing right now in order to make the application process smoother is there any information that could help to explain the situation more?

Thanks for your input

2013goose

You cannot bring him to the UK on a visitor visa and then apply for settlement.

I'm afraid you face an uphill battle here. It appears he has lived with his grandparent for many years and been separated from his mother.

Adoption of a Thai child is a long complicated procedure that involves both the UK and Thai authorities. How old is he?

I think your best course of action is to employ a Bangkok based visa company.

Edited March 22, 2013 by Jay Sata

[Anon999]

Just found this on a different forum wondered if someone can check if i'm reading this right....

(Sole Responsibility can be demostrated by your court order of full legal custody...nothing else is needed and others have done just the same. But, here is the Entry Clearance Officer's guidance on 'Sole Responsibility':

Quote

SET7.8 What is sole responsibility?

A sponsoring parent (see SET7.2) must be able to show that he/she has been solely responsible for exercising parental care over the child for a substantial period.

If the sponsoring parent and child are separated, the child will normally be

expected to have been in the care of the sponsoring parent's relatives rather than the relatives of the other parent. An application should normally be refused if the child has been in the care of the other parent's relatives and the other parent lives nearby and takes an active interest in the child's welfare.

The following factors should be considered in assessing sole responsibility:

Are the parents married / in a civil partnership?

If the parents' marriage / civil partnership is dissolved, which parent was awarded legal custody, which includes assumption of responsibility for the child?

Where there is a custody order the ECO should take care to ensure that the issue of a settlement entry clearance to the child will not contravene the terms of the custody order. Annex 1 contains a list of those countries whose custody orders can be recognised as valid in UK.

Does the marriage / civil partnership subsist, but the parents do not live together?

If the sponsoring parent migrated to the UK, how long has the sponsoring parent been separated from the child?

If the sponsoring parent migrated to the UK, what were the arrangements for the care of the child before and after the sponsoring parent migrated?

If the sponsoring parent migrated to the UK, what has been/what is the sponsoring parent's relationship with the child?

Has the sponsoring parent consistently supported the child, either by:

direct personal care ; or by regular and substantial financial remittances?

By whom, and in what proportions, is the cost of the child's maintenance borne?

Who takes the important decisions about the child's upbringing, for example where the child lives, the choice of school, religious practice etc?

Emphasis mine. The only time consent from the other parent is needed is when there is a joint custody order.

You have full legal custody, you don't need anything else.)

Once the child reaches the age of 18 then as far as the UK is concerned they're an adult and are capable and should be self sufficient . Had that problem many years ago with my wife's daughter although after a lot of hassle with the British Embassy finally got her 15 year old son a visa. What is the boys age?

Edited March 24, 2013 by Anon999

[bangkokblue]

Guidance SET7.2 - 7.8 are just pre requisites, I say just because it's just the start, not forgetting the 1k fee.

Having legal sole custody carries little weight as does sending money or overaged granparents albeit proof is a necessity and that (is) and not can be a hard nut to crack. The period of separation and in the (custody) of other family members is the difficult one. One has to ask what is in the best interest of the child. I'm sure before long you will get an insight/advice from TV members who have the T-shirt for it is such a common happening, but be prepared similarity is not always the route to success. Good luck.

[Jay Sata]

You asked earlier about the financial requirements.

The rules state you'll need to prove income of £27,200.

You don't say how old the boy is but have you considered the impact of him leaving his familiar surroundings,school and friends for

a life in the UK where he'll have to adapt to a new climate and learn the language. I've seen a few Thai kids who have come to the UK and settled well but there have been a lot more who on leaving school return home.

It's not easy for the average UK school leaver to get a job at the moment so ask yourself what prospects he'll have.

You'll probably also end up being the farang in the house. By that I mean the family speak Thai all the time and you feel excluded.

I've known a few guys who have left their Thai wives because of the incessant Thai soaps the extended family watch and the feeling of being isolated at home.

[Tony M]

You asked earlier about the financial requirements.

The rules state you'll need to prove income of £27,200.

You don't say how old the boy is but have you considered the impact of him leaving his familiar surroundings,school and friends for

a life in the UK where he'll have to adapt to a new climate and learn the language. I've seen a few Thai kids who have come to the UK and settled well but there have been a lot more who on leaving school return home.

It's not easy for the average UK school leaver to get a job at the moment so ask yourself what prospects he'll have.

You'll probably also end up being the farang in the house. By that I mean the family speak Thai all the time and you feel excluded.

I've known a few guys who have left their Thai wives because of the incessant Thai soaps the extended family watch and the feeling of being isolated at home.

Where do you come up with a figure of 27,200 GBP as income ? This is totally wrong information.

The OP's wife has been in the UK for 5 years. She has Indefinite Leave to Remain in the UK. The OP and his wife will not have to meet any "income requirement" other than proving that they can adequately maintain and accommodate the applicant.

Please do not give incorrect information, as it can cause all sorts of problems and difficulties for visa applicants.

[2013goose]

Thanks for all the information people are giving its slowly coming together . I took the advice given and phoned round a few solicitors inquiring what prices they would charge and one of them had a good 2 and a half hour conversation to which I noticed I hadn't given you all the information.

The step son I am wanting to bring over has never seen his dad as he left before he was born soon after my partner found out she was pregnant. Her ex husband the father of my step daughter , the man who brought her to the country said that she was either to come to the uk with her new born daughter or to stay in Thailand with her son.

Her ex husband was very aggressive and regularly beat her up !?@& if u ask me. She knew that her mother would look after her son and she came to the uk telling her mother that she would come get him as soon as she could.

She sit with him in 2008 and met me in early 2010 and we have had the plan of bringing him over ever since.

Anyway more to the point the lawyer I rang told me he would charge me a fixed fee of £1800 to complete the case offering various documents to go with it. I'm wondering whether I'm missing a big part as to why he is offering so cheap :/

He says as long as I cAn prove that my parter has evidence in the form of police reports of the aggression and evidence that m step daughter is British as this would mean that my partner would be unable to remove her from fimar surroundings at such a young age.

What does everyone think?

[7by7]

With respect, you have been given a lot of advice both in this and your other topic on the same subject on what is required.

IMHO it is now time for you to bite the bullet and apply; providing whatever evidence you can to show that the boy's mother has been exercising sole responsibility over him during the entire, or at least a substantial period of the, time they have been separated and still is.(I still don't know where you got this 6 months thing from! That's (excuse my Anglo Saxon) <deleted>.)

As I said to you in your other topic; sole custody is important but on it's own is not enough; sole responsibility is the key.

You haven't said how old he is; age is a factor.

To qualify as a child you must show that he:

• is not leading an independent life;
• is not married or in a civil partnership;
• has not formed an independent family unit; and
• is aged under 18.

The older he is and the longer mother and child have been separated, the harder it will be to show that he has not formed an independent life. Plus, if he is over 18 he wont qualify as a child anyway.

[2013goose]

He's turning 10 this year and I am happy for all the info provided . Thanks guys

[bangkokblue]

Adding further to what has been said.<br /><br />Who has "responsibility" for a child's upbringing and whether that responsibility is "sole" is a factual matter to be decided upon all the evidence. A child's upbringing may be undertaken by different individuals in this case the child's grandparents and this cannot be disputed. Maintaining family life is of the upmost importance and it is not unreasonable for a child to seek to be with their parent and vice versa. However, satisfactory evidence has to be given that meet the immigration rules.<br /><br />I'm aware of past cases into the UK where this has been successfully challenged by legal representation on the basis that a chid has the right to be with their natural parent/s but that's in the past. I'm intrigued by what an immigration lawyer has up the sleeve to win this one.