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Posted

Helpful thanks - will send my application in just as soon as I get clarification about documentary requirements for our de facto (no formal adoption anywhere) adopted daughter. It seems to have stumped the first line response ('UK' phone centre) team.

Nice to know I might make up some of the lost ground later in the process!

Anyone give a recent update (last few weeks) on how soon one could get an interview at the time of sending in the UK general visitor on-line application?

Trying to get a 3 week holiday in for the family before the schools return in mid May. Should be a breeze, but the adoption issue is an unexpected hitch and I'm concerned that April is full of British and Thai holidays.

Posted

I got a visitor visa last year and have just received a settlement visa for my non adopted step daughter without any problems. We were all living together and the biological father was not on the scene so that made it easier.

  • Like 1
Posted

Helpful thanks - will send my application in just as soon as I get clarification about documentary requirements for our de facto (no formal adoption anywhere) adopted daughter. It seems to have stumped the first line response ('UK' phone centre) team.

Nice to know I might make up some of the lost ground later in the process!

Anyone give a recent update (last few weeks) on how soon one could get an interview at the time of sending in the UK general visitor on-line application?

Trying to get a 3 week holiday in for the family before the schools return in mid May. Should be a breeze, but the adoption issue is an unexpected hitch and I'm concerned that April is full of British and Thai holidays.

When we did our settlement visa online there were interview slots as soon as two days later, we went for four days later as we live Down South and need a wee bit more time to arrange a trip up to Bkk.

  • Like 1
Posted (edited)

I got a visitor visa last year and have just received a settlement visa for my non adopted step daughter without any problems. We were all living together and the biological father was not on the scene so that made it easier.

Yes bigyin, your experience correlates with my understanding of the rules (I am now beginning to understand them having found the official Immigration Rules - which have just this month been consolidated). Unfortunately de facto adopted children as visitors are treated more harshly than those who apply for settlement like your daughter it seems.

A de facto adopted child is defined as one who has been taken care of for at least 18 months by de facto adoptive parents living together with the child in the country of application (Thailand) for at least 18 months at the point application is made. Sounds like you and we both comply. However UK immigration rules only permit de facto adopted children to be treated as though they were adopted children if application is being made for indefinite leave to enter the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom. This covers you I think! There are other categories of a similar nature where de facto adopted children can be treated as though they were adopted. None of those categories permit visiting de facto adoptive children to be treated as though they were adopted.

The Bangkok FCO UKVI representative who is corresponding with me is playing a straight bat and seemingly insisting that I get both natural parents to sign consent for our de facto adopted daughter to accompany us on a general visit visa. If the natural parents have separated we must be able to show that the one who we are still in contact with, and therefore who can sign, can demonstrate he/she has sole custody of the child. That's daft in a Thai context as de facto adopted children and their natural parents and their de facto adoptive parents tend to have absolutely no paperwork showing who has custody at any point in their lives after they were handed over by the natural parent(s) to some relative: in our case they gave the baby to my MIL before they separated. I am thus stuck either having to find the natural mother or not taking the child at all. A hunt is now on throughout the nether regions of the extended family network!

I can only guess at the logic of why a de facto adopted daughter requires more documentation for a visit than she does for settlement. My guess relates to child trafficking!! Would love to investigate further the fairness/discrimination of UK policy with immigration lawyers but have no time - have to get the visit in b4 school hols are over! Luckily our 'child' turns 18 in 3 months time, so no problems in future.

Sorry to bang on but it may be useful to someone searching at some future date. This obviously is not a complete analysis and may not even be an accurate summation, but may give someone a head start. Immigration rules dealing with parents and children (Part 8) are here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/370924/20141106_immigration_rules_part_8_final.pdf

Just noticed that you mention you did get a visitor visa last year for your de facto adopted child with the implication that no natural parent signed/was findable to sign. Don't know how you did that as it seems equivalent to what we are trying to do. Maybe my having sought guidance up front has been counterproductive (sometimes better to "wing it") and you got an understanding immigration review at appointment and during the process!

Life's a $hit and then you die - in other postings

How I was shafted into not being able to adopt our de facto Thai daughter because UK public officials thumbed their noses at legal advice saying they had to assess us, followed by an e-mail from UKVI recently implying that we could not take our daughter to visit the UK and "why don't you consider legal adoption"? !!!

In darker moments I regret having paid several million in income taxes to 'my' country before coming to Thailand.

Edited by SantiSuk
Posted

SantiSuk I will just reply here on the particular aspect of my having obtained a visitor visa for my non adopted Thai step daughter last year. It is wrong advice I think that you must get both parents to sign consent..well I don't think I know it is as it is often just not possible. You need to get a Por Kor 14 from the local amphur which states that your wife has had sole responsibility for the 'child'. As she is 17 now I do think that something from her on this subject would carry weight as she is virtually an adult and certainly is an adult in terms of knowing where she wants to go and with whom. Are you all living together in Thailand? If so, evidence of your life together in terms of pictures. Really all I did was provide the PK14 and pictures over a 3 year period. It helped that the biological father did not do the registration so he has no real standing under Thai law. Your situation may be different. If you are not all living together a bit harder. Need to address who she is staying with and make it absolutely clear that your wife/you were/are making all the decisions about your daughter. Hope this helps with your application.

Posted

Thanks for that. Running out of time to go thru an Amphur process and I might just wing it on one signature. Latest is that the family might have found the mother after all. Believed to have gone back to her family village 200km away.

[we do and have all lived together in Thailand for nearly 5 years; it would be triumph of rules over common sense if one signature is not enough, but then this UK immi!]

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