leemacc74 Posted April 3, 2014 Share Posted April 3, 2014 hi my name is lee im after any advice or help. I have a thai wife and have a daughter together in England.she is on a residence permit visa.we are trying to get her son to England on a visa and are unsure as to what visa we need.two years ago while my wife was on a settlement visa we tried to get him a visa and it was refused we appealed and was turned down again. I belive on the grounds of she left him there so she belived him to be safe and cared for by her family.do you think now that my wife has this residence permit it will make any difference to any future visas? Link to comment Share on other sites More sharing options...
wooloomooloo Posted April 3, 2014 Share Posted April 3, 2014 (edited) Does your wife have a British passport or ILR, Lee. Edited April 3, 2014 by wooloomooloo Link to comment Share on other sites More sharing options...
leemacc74 Posted April 3, 2014 Author Share Posted April 3, 2014 indefinite leave to remain Link to comment Share on other sites More sharing options...
wooloomooloo Posted April 3, 2014 Share Posted April 3, 2014 Apologies for the ambiguous question but it makes no difference. Your stepson can only address the previous reasons for refusal. Your wife's immigration status doesn't provide any benefit to a further application. Link to comment Share on other sites More sharing options...
leemacc74 Posted April 3, 2014 Author Share Posted April 3, 2014 in your opinion how would I be best to proceed forward Link to comment Share on other sites More sharing options...
wooloomooloo Posted April 3, 2014 Share Posted April 3, 2014 Employ professional advice. Link to comment Share on other sites More sharing options...
leemacc74 Posted April 3, 2014 Author Share Posted April 3, 2014 ok thankyou we will seek advice .we had a legal team for his appeal on the last visa but did no good in the end .hopefully this time the british government will see that things have changed Link to comment Share on other sites More sharing options...
wooloomooloo Posted April 3, 2014 Share Posted April 3, 2014 ok thankyou we will seek advice .we had a legal team for his appeal on the last visa but did no good in the end .hopefully this time the british government will see that things have changed Provide evidence to the contrary and the application might be successful. A legal team can't provide this, only your stepson and wife. A legal team can assist but only to a certain point. Seek quality legal advice in the first instance and don't rush. Link to comment Share on other sites More sharing options...
leemacc74 Posted April 3, 2014 Author Share Posted April 3, 2014 ok thankyou .could you tell me which visa I need for him as the new website for visas is very confusing? Link to comment Share on other sites More sharing options...
theoldgit Posted April 4, 2014 Share Posted April 4, 2014 wooloomooloo is correct, your wife's immigration status will not make any difference to the chances of success, you need to overcome the reasons for the refusal. The visa type will be the same, and to be honest it's going to be just as difficult the second time around. Rather than a legal team, who may have been general lawyers, I would make contact with Thai Visa Express who are in Thailand and well versed in the difficulties you face. Link to comment Share on other sites More sharing options...
7by7 Posted April 4, 2014 Share Posted April 4, 2014 You don't say what type of visa he applied for before and is applying for now. Visit or settlement? From what you say I assume settlement. If settlement, it seems from what you say that he was previously refused on sole responsibility grounds and the appeal tribunal agreed. Unless your wife can show that this has changed, he will only be refused again. I agree that professional advice is needed; either Thai Visa Express or an OISC registered advisor near to you in the UK. Link to comment Share on other sites More sharing options...
leemacc74 Posted April 6, 2014 Author Share Posted April 6, 2014 hi the visa was a settlement and yes the reason was because of sole responsibility.he was staying with his grandparents on his dads side.and when the embasy rang them for the telephone interview they contradicted our story by saying he sees his dad and his dad contributes money towards his upbringing which is complete bs.to this day I don't no why they sais this can only presume it was some kind of thai bs to save face.since this failed he has moved to my wifes brothers up north and has no contact with anyone on his dads side of the family Link to comment Share on other sites More sharing options...
beano2274 Posted April 6, 2014 Share Posted April 6, 2014 Start detailing all the times she has seen him since moving to the UK, the emails or chats, prove to the ECO that she is taking responsibility, if she sends money to someone to take care of him document this. In your posts you never mention how often she talks to her son, like I said above, document it, it will assist Link to comment Share on other sites More sharing options...
leemacc74 Posted April 6, 2014 Author Share Posted April 6, 2014 my wife rings 3 or 4 times a week and we send money every month which of course is all documented. Link to comment Share on other sites More sharing options...
7by7 Posted April 7, 2014 Share Posted April 7, 2014 hi the visa was a settlement and yes the reason was because of sole responsibility.he was staying with his grandparents on his dads side.......... Who looks after him now? From SET7.8 What is sole responsibility? 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. If he is still living with his paternal grandparents and they still insist that his father takes an active interest and contributes money for his keep, then I honestly don't see how you are going to overcome this. But speak to an OISC advisor or experienced immigration solicitor. Link to comment Share on other sites More sharing options...
leemacc74 Posted April 7, 2014 Author Share Posted April 7, 2014 he is now staying with my wifes brother and his family 4 hours north of where his dad lives and his grandparents on his dads side who he was living with.he has been with my wifes brother for 2 years and in that time has not seen or spoke to his dad and his dad has not sent a bht to look after him all moneys have come from me and my wife for his upkeep Link to comment Share on other sites More sharing options...
howerde Posted April 7, 2014 Share Posted April 7, 2014 Its not just about sending money, the ECO will be looking at the childs best interest,, what about the extended family in Thailand? i would urge you too speak to professionals with experience in this field. phone calls and money, will not be enough. Link to comment Share on other sites More sharing options...
I Like Thai Posted April 7, 2014 Share Posted April 7, 2014 I don't know how this would work out in UK, but it's something to consider. Apply for a Visa based on it being in the best interests of your daughter who is a UK citizen to have regular contact with her brother and only sibling. Link to comment Share on other sites More sharing options...
David48 Posted April 9, 2014 Share Posted April 9, 2014 ok thankyou we will seek advice .we had a legal team for his appeal on the last visa but did no good in the end .hope<deleted>lly this time the british government will see that things have changed "this time the british government will see that things have changed" What has changed? Link to comment Share on other sites More sharing options...
7by7 Posted April 10, 2014 Share Posted April 10, 2014 <script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script> ok thankyou we will seek advice .we had a legal team for his appeal on the last visa but did no good in the end .hope<deleted>lly this time the british government will see that things have changed "this time the british government will see that things have changed" What has changed? he is now staying with my wifes brother and his family 4 hours north of where his dad lives and his grandparents on his dads side who he was living with.he has been with my wifes brother for 2 years and in that time has not seen or spoke to his dad and his dad has not sent a bht to look after him all moneys have come from me and my wife for his upkeep Link to comment Share on other sites More sharing options...
7by7 Posted April 10, 2014 Share Posted April 10, 2014 I don't know how this would work out in UK, but it's something to consider. Apply for a Visa based on it being in the best interests of your daughter who is a UK citizen to have regular contact with her brother and only sibling. It would not work in the UK. Link to comment Share on other sites More sharing options...
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