UK Child Settlement Visa Application

[TCA]

Having successfully obtained my wife's UK settlement visa in May last year, thanks in no small part to the superb guidance of the knowledgeable folks on this forum, it is now time to consider an application for her daughter to join us in the UK. My wife has been separated from her daughter since June and I'm aware that as time passes, our chances probably diminish, so it's time to get a handle on this as it's a bit of a complicated one. Apologies in advance for the long post.

Taking a deep breath.........here's the facts:

My wife's daughter is 9 years old. Her natural father has had nothing to do with her since she was born and I don't believe he has even seen her since then. She was however given his surname and still retains it, although my wife and he were never married. As a single parent my wife mostly worked away from home, so her daughter was effectively raised by the grandparents. Not an uncommon story. My wife's daughter stayed with us during her school holidays over the last 5 years and lived with us full-time for one year before we moved to the UK (school report available), with plenty photos of the 3 of us included in my wife's visa application from over the 5 year period. Our decision to move to the UK was not planned and largely for reasons of my poor health, so applying for two visas would have been too much at that point. In my wife's application I noted that we were sadly not applying for her daughter at that stage because we first wanted to be settled in our own accommodation, gainfully employed, having sussed out schools etc.....All largely true, plus the fact my wife herself had never been to the UK before, so it seemed semi-prudent to at least see what she thought of it first.

So from what I've read, to even obtain a passport for my wife's daughter, we'd need a Por Kor 14 application at the amphur, witnessed by the village head man. No problem in that, especially as the head man is my wife's uncle. At the same time my wife would effect a name change for her daughter to her own surname, which she retained when we got married, largely because we didn't want to have to change her I.D. card and passport before her own application went in. So assuming that's the correct thing to do, we then have mother and daughter with the same surname, which would normally be fine except my wife herself has her mother's maiden name as she was brought up by her aunt and uncle. The latter being noted as her official parents in all Thai documentation and who we named on my wife's own visa application. That still doesn't cause a problem until we enter the realms of proving sole responsibility for the child, from the point of view that the current guardian of my wife's daughter (the kid's grandmother) wasn't named in my wife's application as her mother. So that's possible issue number one.

Proving sole responsibility already seems mission impossible, when in all honesty, my wife's mum is the one in situe taking responsibility on a daily basis and we were really only fully responsible for the year before we left for the UK. So looking at ways we can prove our involvement:

1) Phone calls - we currently use the cheap service DialAround to call Thailand from the UK. Our bills only show the basic access number, not the Thai phone number, so cannot prove which numbers were called. And even if we could show the numbers, who is able to know that numbers called are actually her mum's, her daughter's teacher or whoever? How does phone contact actually prove anything? What's normal for proof on this front?

2) Financial support - when we left Thailand we gave my wife's ATM card to her mother and were making monthly payments from a Thai account in my name to therefore an account in my wife's name, which her mum drew cash from for her and her grand-daughter. That worked ok until granny lost access after getting the PIN number wrong too many times. Unable to do anything from here, we got her mum to open a new account and I make payments to that instead. But if this info is added to the child's visa application and a review is made of my wife's application, the names of the grandmother won't tie up. It could be explained of course, but rather messy.

So I guess what I'm after is some general opinions on the situation and our chances of a successful visa application, and some suggestions as to how the sole responsibility aspect can be enhanced in respect of my wife.

Unfortunately my wife had to go quickly to Thailand last week as her dad died suddenly, but she can use the opportunity after the dust settles to do what needs done re her daughter at the amphur, plus anything else to help the cause. Extremely doubtful we'd be able to do anything regarding actually applying in the time she's there. Off the top of my head, my wife could maybe visit her daughter's school and perhaps request a basic school report, or just something in writing, maybe addressed to our UK address? Is there a better approach for the banking set up to show monthly support? Better to show transfers from my wife's account than mine? Any forseeable complications getting a Por Kor 14?

Assuming I can meet the financial requirements (and there's no TB or English language requirements), are there other aspects I need to consider?

I've read this http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/set/set7/#header8 but it's pretty light on details, so I'd appreciate any pointers at all on how to approach this.



Thanks

TCA

Edited January 9, 2014 by TCA

[7by7]

There is no definitive answer to the question "How do I prove sole responsibility?" as each case is different and treated on it's own merits.

The section of the guidance you have linked to gives you an idea of what the ECO is looking for, though.

Your wife is presumably named on her daughter's birth certificate as her mother; so there is no need as far as her visa application is concerned for the daughter to change her surname.

She can do so, of course, and if she does then provide the documentary evidence that she has done so to link her new name to her birth certificate.

I cannot understand why your wife said in her visa application that her aunt was her mother! You say that she is named as such on all Thai documents, does this include her birth certificate?

However, the carer of her child whilst they have been separated does not have to be a grand parent. As long as the child has been in the care of a maternal relative rather than a paternal one this should not cause a problem.

You should explain the full circumstances and the reason for your wife giving false information in her visa application, though.

As for your specific questions:

1) The ECOs are aware that most people use low cost access numbers to call relatives overseas. Simply explain that this is what you do and provide phone records showing how often this number has been called.

2) Explain as you have done here, and provide bank statements to show when the ATM withdrawals and the later bank transfers were made. It doesn't matter whose account the payments come from, yours or your wife's.

With regard to the P.K. 14, the ECO will not accept this as absolute proof of parental responsibility, but will take it into account.

As she is under 11 the girl does not require a TB test and child applicants do not need an English test.

[TCA]

I cannot understand why your wife said in her visa application that her aunt was her mother! You say that she is named as such on all Thai documents, does this include her birth certificate?

You should explain the full circumstances and the reason for your wife giving false information in her visa application, though.

Thanks for the reply 7by7. My wife's aunt and uncle are named as her parents on her birth certificate and she is registered in the house book as their daughter. I'm not in possession of the full facts but I understand her real Dad had buggered off at the time and her mum already had a couple of children to care for on her own, so my wife was given to relatives to raise. Maybe possible stigma or loss of face for no father in attendance at the birth, or perhaps a desire not to have her real father associated with her at that time. I don't really know. As for my wife's visa application, had we put her birth mother's name on the paperwork and they performed any kind of check with Thai authorities, then that would have picked that up right away. Highly unlikely perhaps but I thought it best to go with what all the official Thai documentation says.

Edited January 9, 2014 by TCA

[TCA]

However, the carer of her child whilst they have been separated does not have to be a grand parent. As long as the child has been in the care of a maternal relative rather than a paternal one this should not cause a problem.

Yes, there lies the rub. I'm obviously loathe to jeopardise my wife's visa status by opening this particular can of worms. Undernormal circumstances, what level of proof (if any) do you have to offer up as to what relation the carer is? e.g. if a child is being cared for by family on her grandmother's side (different surname entirely), would an applicant have to illustrate the family tree and provide a trail of paperwork to establish this? I'm hoping not.

Re sole responsibility, I forgot to ask, are we talking just over the period of separation? Or does some level of proof require to be given for events prior to that?

[7by7]

Obviously a paper trail would help. Birth certificates, marriage certificates etc. showing how everyone is related.

But ECOs in Bangkok are aware that in Thailand this is not always possible!

Sole responsibility should have been exercised by the sponsoring parent for a 'substantial' period.

The length of this 'substantial' period is not defined as, again, each case is treated on it's own merits. But certainly it should extend back to before your wife moved to the UK; the further back the better.

Obviously you will need to explain the child's care arrangements whilst her mother was working away from home, and if you have evidence of contact between mother and child and her carers and monies sent by the mother for the child's care during this period then include it.

[TCA]

Thanks again. Re the family tree thing, I suppose what I was getting at was we have only ever sent money to her mum for her daughter's care (real mum obviously) and her mum, as would normally be the case, has my wife's dad's surname. Can we just name her as carer/guardian or would we be required as part of the application to provide proof of her relationship to my wife? Now I think about it, there might not even be any proof!

Re the working away from home bit, the tricky period in question will be the overlap with my wife's visa application, where we demonstrated living together for several years, but her daughter was still staying with her grandparents for most of that period. The child largely lived and attended school in the village where my wife has always been registered on the same house book. i.e. they're both on the same house book and always have been. Not really proof of anything I know but perhaps can place them in the same location for a certain period.

We can only demonstrate for one year (via her 2012/13 school report) that she stayed with us immediately prior to us coming to the UK. Not exactly substantial. We might be able to prove financial support during previous periods (maybe) but I'm thinking that might even diminish our chances of success if we highlight the fact that the girl wasn't with her mother. I wonder what would happen if we only supplied details for the year her daughter actually lived with us? Not enough? I'm kind of hoping that there would be an assumption made by the ECO in the absence of us providing years of proof of her daughter's location, seeing as it wouldn't help the cause.

Edited January 9, 2014 by TCA

[7by7]

We can spend forever debating what if, but, maybe, perhaps etc.

However at the end of the day all you can do is explain in her application what the actual situation was then and is now and provide what evidence you can to support that explanation.

[TCA]

OK, thanks. It's a mess I know. If this was a more straightforward case with no such confusion as to who is who, in your opinion, would providing a local school report, a local hospital bill and photographic evidence for the child during her year-long stay with her mother prior to our UK move, in addition to the aforementioned phone calls from UK info, P.K.14 and support payment info, be enough?

I'm trying to gauge what is acceptable in terms of showing the child stayed with the mother. The further we go back, the less we can prove and would only be highlighting area where the application could fail.

I understand providing more info is always better but it would seem counterproductive to include bank statements showing financial support for 3 years ago as it only draws attention to the fact my wife's daughter wasn't staying with her.

[7by7]

In this situation, my opinion is the more evidence the better.

That the child wasn't living with her mother three years ago shouldn't matter; provided she was living with maternal relatives and your wife was supporting her and making the important decisions in her life.

Children living with relatives whilst one or both parents work away is not uncommon in Thailand and the ECOs are aware of this.

To be honest, I think we have gone as far as we can here; unless someone like TonyM or Thai Visa Express contribute. Maybe you should contact one of them?

[Jay Sata]

In this situation, my opinion is the more evidence the better.

That the child wasn't living with her mother three years ago shouldn't matter; provided she was living with maternal relatives and your wife was supporting her and making the important decisions in her life.

Children living with relatives whilst one or both parents work away is not uncommon in Thailand and the ECOs are aware of this.

To be honest, I think we have gone as far as we can here; unless someone like TonyM or Thai Visa Express contribute. Maybe you should contact one of them?

I disagree.

Although in this case the information regarding the child looks kosher how do we know it really is?

#

7by7 states

That the child wasn't living with her mother three years ago shouldn't matter; provided she was living with maternal relatives and your wife was supporting her and making the important decisions in her life.

Children living with relatives whilst one or both parents work away is not uncommon in Thailand and the ECOs are aware of this..

So is that the standard entry qualification for anyone bringing a child to the UK? The Thai family system?

Frankly I'd want some input from UK social services.

[Tony M]

In this situation, my opinion is the more evidence the better.

That the child wasn't living with her mother three years ago shouldn't matter; provided she was living with maternal relatives and your wife was supporting her and making the important decisions in her life.

Children living with relatives whilst one or both parents work away is not uncommon in Thailand and the ECOs are aware of this.

To be honest, I think we have gone as far as we can here; unless someone like TonyM or Thai Visa Express contribute. Maybe you should contact one of them?

I disagree.

Although in this case the information regarding the child looks kosher how do we know it really is?

#

7by7 states

That the child wasn't living with her mother three years ago shouldn't matter; provided she was living with maternal relatives and your wife was supporting her and making the important decisions in her life.

Children living with relatives whilst one or both parents work away is not uncommon in Thailand and the ECOs are aware of this..

So is that the standard entry qualification for anyone bringing a child to the UK? The Thai family system?

It looks like you are just trying to score points, rather than contribute something useful here, and you have failed miserably.

"So is that the standard entry qualification for anyone bringing a child to the UK? The Thai family system?

Frankly I'd want some input from UK social services."

What you would want is , quite frankly, irrelevant. What is relevant are the best interests of the child, and the ECO should look at this, taking into account the child's current circumstances and the background to those circumstances, which would, in this case, be what you call "the Thai family system". How can the "Thai family system" be relevant to "anyone bringing a child to the UK" ? There is no involvement, or need for involvement, by UK social services in this scenario.

[7by7]

In this situation, my opinion is the more evidence the better.

I disagree.

Although in this case the information regarding the child looks kosher how do we know it really is?

We don't; we never do. However, as the OP has come here for advice I am prepared to accept his word.

When the application is submitted it will be up to the ECO to decide whether or not, on the balance of probabilities, the supporting evidence supplied is 'kosher' and whether or not it shows that the visa should be issued.

All we can do is advise him on the best way of increasing his chances of a positive result.

That is the purpose of this part of the forum; or it should be.

Unfortunately, as in so many other topics in this part of the forum, you have a different purpose.

[TCA]

What you would want is, quite frankly, irrelevant. What is relevant are the best interests of the child, and the ECO should look at this, taking into account the child's current circumstances and the background to those circumstances, which would, in this case, be what you call "the Thai family system". How can the "Thai family system" be relevant to "anyone bringing a child to the UK" ? There is no involvement, or need for involvement, by UK social services in this scenario.

Hi Tony. I'd very much appreciate your thoughts on the specifics in this scenario, if you'd be so kind.

1) Relationship of the guardian - as said above, the child is being cared for by her real grandmother. All paperwork (for whatever crazy reasons) would tell us that this carer is in fact my wife's aunt, instead of in reality, her mother. Short of DNA testing the lot of them, I see no way of proving the truth. Given that the guardian is still a maternal relative, my instinct is to show the relationship as per the legal Thai documentation (as we did for my wife's application), as the opposite tact would be a disaster waiting to happen and could jeopardize my wife's UK visa.

What's your thoughts on this? Is there always a level of proof of identity sought for the guardian in child applications?

2) Sole responsibility - as noted above, we can prove my wife's daughter stayed with us for the year preceding our departure to the UK, but beyond that we'd have to highlight the fact that the child wasn't with her mum and although not detrimental entirely, I can foresee a nightmare of trying to prove financial support from now closed bank accounts and phone calls using now defunct SIM cards. If we provided evidence of that year alone (school report, medical bills), would an ECO naturally have to cause to request more for prior years?

Thanks in advance for your guidance.

Edited January 12, 2014 by TCA

[Tony M]

What you would want is, quite frankly, irrelevant. What is relevant are the best interests of the child, and the ECO should look at this, taking into account the child's current circumstances and the background to those circumstances, which would, in this case, be what you call "the Thai family system". How can the "Thai family system" be relevant to "anyone bringing a child to the UK" ? There is no involvement, or need for involvement, by UK social services in this scenario.

Hi Tony. I'd very much appreciate your thoughts on the specifics in this scenario, if you'd be so kind.

1) Relationship of the guardian - as said above, the child is being cared for by her real grandmother. All paperwork (for whatever crazy reasons) would tell us that this carer is in fact my wife's aunt, instead of in reality, her mother. Short of DNA testing the lot of them, I see no way of proving the truth. Given that the guardian is still a maternal relative, my instinct is to show the relationship as per the legal Thai documentation (as we did for my wife's application), as the opposite tact would be a disaster waiting to happen and could jeopardize my wife's UK visa.

What's your thoughts on this? Is there always a level of proof of identity sought for the guardian in child applications?

2) Sole responsibility - as noted above, we can prove my wife's daughter stayed with us for the year preceding our departure to the UK, but beyond that we'd have to highlight the fact that the child wasn't with her mum and although not detrimental entirely, I can foresee a nightmare of trying to prove financial support from now closed bank accounts and phone calls using now defunct SIM cards. If we provided evidence of that year alone (school report, medical bills), would an ECO naturally have to cause to request more for prior years?

Thanks in advance for your guidance.

Re 1), it would be wrong to say what you should do here as any advice could be the wrong advice. You have to decide what to tell the ECO, but it should be the truth. Remember that the ECO has access to your wife's visa application form, and one of the questions in that form asked where her dependent children were living, and with whom. If the information in the current application is different, then the ECO will want to know why. That doesn't mean that an application will be refused, but it does mean that your wife's statements will be questioned if they are different in each application. You must decide whether to be up front about it, or face the possible refusal of a visa for the child. If the visa is refused, then the situation will be difficult, if not impossible, to rectify.

Re 2), proving Sole responsibiliity can be a nightmare. But, if you can prove that the child was living with the mother until she left the UK, and you also formed part of the family unit in Thailand, for a year, then I think you have a very good start on it. You will still need to prove sole responsibility since your wife went to UK, of course. As 7x7 said, there is no set period of time for proving sole responsibility, and I personally think that evidence of living as a family unit for a year is more than just okay. In fact, it is more favourable than many other applications where the child applicant has been living with family, away from the sponsoring parent in Thailand, for many years.

[TCA]

Thanks very much Tony. Just to confirm regarding the first point, my wife's daughter (the dependent child) was living with us at the time of my wife's visa application (and was up until my wife left Thailand for the UK) and this was what we said in the application. I don't foresee any difficulty in that respect. The potential trap is that to be consistent with the paperwork, in my wife's application we stated her parents as they are from the Thai legal documents, which is in reality her aunt and uncle. So to be consistent with that then in any child application, we'd need to say my wife's "aunt" (her real mother) had been looking after her daughter since we left Thailand. If you can get your head round that! Given that the person named as my wife's mother is now deceased, it might be perfectly plausible that an aunt takes care of the child, given we'd be hoping it was a short term measure until we got her a visa anyway. And as I said, it's not that we could prove the guardian is actually my wife's mum anyway! So I think the only "truth" that can be told, is what the Thai authorities have on record. Anything else opens up a can of worms and is unprovable.

So with regard to actually proving sole responsibility since we left for the UK, do we have to prove the identity of the person we send support money to? Do ECOs accept the info and the family relative they are told about, or do we have to dig out birth certificates, i.d. cards, marriage papers etc......to prove an aunt? Also, other than phone records, is there anything else we should or can include?

That's quite encouraging that showing 1 year of living together may be sufficient. In my wife's application we did include family photos of the three of us at Songkran every year (over probably 3 years), so it does allude to an extended time together or at least a semblance of a family unit.

Many thanks.

Edited January 13, 2014 by TCA

[TCA]

So with regard to actually proving sole responsibility since we left for the UK, do we have to prove the identity of the person we send support money to? Do ECOs accept the info and the family relative they are told about, or do we have to dig out birth certificates, i.d. cards, marriage papers etc......to prove an aunt? Also, other than phone records, is there anything else we should or can include?

Looking at forms VA4FA and Appendix 1 (VA4FA1), which I presume are the correct forms for a child application in our circumstances (despite many of the questions being directed at adults), and I can only see the following in respect of the guardian aspect:

VAF4A:

5.1 Please provide contact details about your parent(s)/guardian(s) in your home country. Please include names, full residential address, telephone number, email address and relationship

VAF4A1:

1.2 Who do you live with at the moment and what is your relationship to them?

1.3 Who owns your home and what is your relationship to them?

1.4 Who supports you financially and what is your relationship to them?

1.5 What other close relatives do you have and where do they live?

1.6 How often do you see these close relatives?

From this above it would appear that the guardian is just named and relationship to the child given. I can see nothing anywhere requiring the identity of this person to be proven.

Can anyone confirm this?

[TCA]

Looking at forms VA4FA and Appendix 1 (VA4FA1), which I presume are the correct forms for a child application in our circumstances (despite many of the questions being directed at adults), and I can only see the following in respect of the guardian aspect:

VAF4A:
5.1 Please provide contact details about your parent(s)/guardian(s) in your home country. Please include names, full residential address, telephone number, email address and relationship

VAF4A1:
1.2 Who do you live with at the moment and what is your relationship to them?
1.3 Who owns your home and what is your relationship to them?
1.4 Who supports you financially and what is your relationship to them?
1.5 What other close relatives do you have and where do they live?
1.6 How often do you see these close relatives?

From this above it would appear that the guardian is just named and relationship to the child given. I can see nothing anywhere requiring the identity of this person to be proven.

Can anyone confirm this?

Has anyone any knowledge of the above? Has anyone ever been asked to provide more information about the person named as guardian in a child visa application?

Explain as you have done here, and provide bank statements to show when the ATM withdrawals and the later bank transfers were made. It doesn't matter whose account the (financial support) payments come from, yours or your wife's.

Just to confirm, if my wife just left her ATM card for use by her child's guardian, is it sufficient to show just my wife's bank records as proof, given she wouldn't have been in the country at the time so obviously isn't her taking the money out? We could go to the lengths of transferring money to the guardian from either my wife's account or mine (as we were forced to recently), but for proof this would involve acquiring a further set of statements from Kasikorn for me (which I'd need to request in person as they don't send out - I'm in the UK) and likewise my mother-in-law, as guardian, would have to do the same (God help us). If we could use only my wife's account it would be much simpler and as my wife is in Thailand right now, we can reactivate her ATM card pin number for her mum to use and we could potentially forget transfers completely.

Lastly, given my wife would be part way through her initial 33 months visa when her daughter applies, I presume if successful, the child just commences her own 33 month period? And the financial requirement for cash savings is £72,000 based on partner and 1 child i.e. (£22,400 gross income p.a. required x 2.5) + £16,000. Is that correct?

Edited January 19, 2014 by TCA

[TCA]

Lastly, given my wife would be part way through her initial 33 months visa when her daughter applies, I presume if successful, the child just commences her own 33 month period? And the financial requirement for cash savings is £72,000 based on partner and 1 child i.e. (£22,400 gross income p.a. required x 2.5) + £16,000. Is that correct?

Without revisiting the complexities of my previous posts on our particular situation, can someone please confirm what happens if a child UK settlement application is successful when the parent (my wife) is part-way through her first 33 month stay in the UK?

i.e. does the child commence a completely separate timeframe for their own visa? Or could a new child application be done as part of my wife's FLR application?

[7by7]

Under the old rules the child's visa would be tied to the parents, so they would expire at the same time and they could apply for ILR at the same time.

Under the new rules I believe it is similar.

That is:

• Parent does not yet have FLR; child's visa expires when the parents does so they apply for FLR, then ILR, together.
• Parent has FLR; child's visa expires when parents FLR does so they can apply for ILR together.
• Parent has ILR, child granted Indefinite Leave to Enter, which is the same as ILR but granted outside the UK, not in.

[TCA]

That is:

• Parent does not yet have FLR; child's visa expires when the parents does so they apply for FLR, then ILR, together.
• Parent has FLR; child's visa expires when parents FLR does so they can apply for ILR together.

Thanks 7by7. That's very useful. Although I imagine the longer the wait until the child application (with the child remaining in Thailand), that perhaps the application becomes more difficult, yet there might be a financial argument to wait until FLR (in my wife's situation), rather than pay for two child applications in relatively quick succession.

[7by7]

The longer the separation, the more difficult it may be to show your wife has been exercising sole responsibility; true.

Obviously considerations such as the cost of applications do have to be taken into account when deciding when to apply for the child.

[TCA]

The longer the separation, the more difficult it may be to show your wife has been exercising sole responsibility; true.

Yes. I think we're struggling to prove sole responsibility regardless, even from a financial perspective. Against my advice, my wife gave her mum a wad of cash on her visit to Thailand in January, so the monthly electronic payments, and therefore the paper trail, disappeared. This was on the basis she had decided her daughter would be better off staying with her extended family in Thailand. Lo and behold, she's now having second thoughts, even after having understood (and been told in no uncertain terms) that you can't retrospectively conjure up payments to Thailand out of thin air.

So we're up against it either way. To say it does my head in would be an understatement! Going to have to calmly re-discuss the plan over the next few days. The joys.

Incidentally, when my wife was in Thailand in January, she did go to the lengths of visiting the amphur and getting sole custody of her daughter and her name changed from the father's surname. Unfortunately the (regional) passport offices were closed because of the political situation, so wasn't able to apply for a passport for her to get an application underway. Although a weak excuse, I'd possibly be tempted to include some reference to this by way of explaining the delay in application, given my wife's attendance would have been required at the passport office. Don't know. I've got a headache just thinking about it all again!

[bigyin]

We had the situation of sole responsibility when applying for a visitor visa earlier this year for my wife and daughter. Before we applied for the visa my wife went with her mother as a witness to the local office and obtained a formal stamped document confirming that my wife was solely responsible for her child. It might be worth trying that first and then submitting this official confirmation with the visa application which is what we did. This was what the visa application people wanted to see. Might be easier to convince a local Thai government office of this than the ECO.

[TCA]

We had the situation of sole responsibility when applying for a visitor visa earlier this year for my wife and daughter. Before we applied for the visa my wife went with her mother as a witness to the local office and obtained a formal stamped document confirming that my wife was solely responsible for her child. It might be worth trying that first and then submitting this official confirmation with the visa application which is what we did. This was what the visa application people wanted to see. Might be easier to convince a local Thai government office of this than the ECO.

Thanks bigyin. My wife has the official stamped document you're talking about (Por Kor 14) and although this confirms sole custody of a child, on its own it's unfortunately a far cry from demonstrating sole responsibility as required for settlement visa purposes. As far as I can gather anyway. I think it's maybe a different story for visit visas and in your case presumably your wife and daughter were living together. We would have to include the Por Kor 14 with any application though, plus whatever else we can muster to prove that my wife has continued to be solely responsible for her daughter since we returned to the UK. Out of interest, I'm presuming you had your document translated into English?

[bigyin]

Yes we did get it translated. We did have pictures of us all together over a 2 year period. I must admit I haven't researched what evidence the ECO would be looking for but if your wife is Thai, the child is Thai and you have a Thai government document duly stamped to show your wife has sole custody then I can't see what else the ECO should need. If the local government is happy then that should be enough surely as it is surely not for a foreign government to comment on that. As I said before the only thing anyone was interested in when we did the visit was this document duly signed and stamped. I would have thought that the same rules would apply for a visit and a settlement visa as it is the act of taking the child out of the country against the possible will of the other parent which is the key factor. I may be way of beam here and logic does not always feature strongly in these decisions.

[7by7]

Sole responsibility is not an issue for a visit visa; but it is for settlement.

A PK14 is accepted by the ECOs as evidence of sole responsibility; but not by itself.

Other evidence such as proof of contact with the child and his/her carers, proof of financial support, is required.

See SET7.8 What is sole responsibility?

Obviously, if parent and child are living together and applying at the same time then sole responsibility is a lot easier to show than when the parent and child have been separated.