Advice needed on UK Visa and Citizenship

[smiffyb36]

Hi all,

I've been trying to work out what I have to do but am struggling so any advice would be very appreciated.

I've been with my Thai GF, Ann, for around 2 years. She is currently pregnant with my first child due mid-July and has a little boy, Natan, who lives with us from a previous relationship who is almost 3 years old.

I don't want my child to go to school here and ideally I'd like to take my partner and her boy to England whilst the kids grow up to get better educated as the best schools here are not affordable to me. I realise there are a few things I need to do and am unsure how to progress.

1) My baby will be born here in Thailand, how do I get her recognised as half English with her ideally getting a passport from the UK or some kind of dual passport? I assume if I can do this she will have the automatic right to reside within the UK, please correct me if I am wrong.

2) What kind of Visa do I need to apply for for my partner and the best way to move forward with this? She will be 20 soon, has some qualifications from school and from a higher education nursing course, I assume none of this matters though as we will be applying for some kind of family visa?

3) When/If my partner gets a visa will her boy get a visa too or do we need to apply for something separate for him?

There may be other things I need to do that I am unaware of, if you know of anything please do reply. I am starting the work now to get an understanding of the processes with a view to relocation maybe in a years time.

Thank you in advance for any help and advice you can provide.

[MaprangHolmes]

It maybe an idea to have a read of this http://www.thaivisa.com/forum/topic/524561-uk-settlement-visa-basics/ as it will answer most of your questions.

Your child will be able to have dual nationality it is just a matter of applying for a UK passport for which you will need the babies birth certificate and your long one.

A basic summary you will need to apply for a settlement visa for your wife/GF and her child, if your GF has a child which is not yours then you will need an income of £22,400 per year, you would need to show that you have adequate accommodation for all of you. Remember that you can not claim any benefits for your wife and her child but you can for yourself and your child.

It is a bit more complicated with applying for a settlement visa for her child and I am sure someone will be able to advise you further on that matter.

[theoldgit]

This pinned topic at the top of this forum is a good starting point.

http://www.thaivisa.com/forum/topic/524561-uk-settlement-visa-basics/

Basically she would need to apply for a Settlement Visa, as you are not married she can only do so if you have been living in a relationship akin to marriage for in excess of two year.

You would need to prove that you have an income in excess of £18,600 for your girlfriend and a further £3,800 for your partners child, though she would need to prove she has full responsibility for her child.

Your child doesn't need a visa as your child could get a UK passport.

Your girlfriend would need to pass an English test, but more details are available via the link.

[smiffyb36]

Thank you very much. They don't make this easy do they!! lol

[Seekingasylum]

You are aware that in order for your partner and the Thai child to qualify for settlement you will need to demonstrate a minimum income of £22,500 per annum received by you over a period of 6 months immediately preceding the application. The rules governing applications are set out in the legislation ( Appendix FM ) but these are complex but thorough and cover every permutation of the financial requirements.

[RolandRat]

Just an opinion, but with the degree of difficulty and hoops you have to jump through, its no wonder the UK is over run with so many illegal immigrants.

Doing the right thing, is made so difficult and deliberately obstructive, in my humble opinion.

[7by7]

Full details of the financial requirement can be found here.

The information on English test providers in the pinned topic is now out of date; see this topic.

In addition to the visa fee, applicants from 6/4/15 also have to pay an NHS surcharge; both your wife and her child will have to pay this. See this topic.

To apply for your son's British passport, see Overseas British passport applications

As MaprangHolmes says above, you need your long form birth certificate, which includes your parents' details, not the short form one which contains only your details.

This is to show whether you are British by descent or British otherwise than by descent; see here. As your child was born outside the UK, he will only be British if you are British otherwise than by descent.

If you do not have your long form birth certificate you can order one from the GRO. (That link is for people born in England or Wales. If you were born in Scotland or Northern Ireland follow the appropriate link from there.)

Edited April 27, 2015 by 7by7

[brewsterbudgen]

Good luck. Hopefully you'll have your birth certificate and getting a UK passport for your child will be straightforward. Although I've lived in the UK since I was 6 months old ( nearly 55 years) and both my now deceased, parents were British, by being born in Rhodesia might mean I can't get my son a UK passport. Crazy.

[RabC]

Thank you very much. They don't make this easy do they!! lol

No THEY dont and there are perfectly good reasons for this.

[Seekingasylum]

Thank you very much. They don't make this easy do they!! lol

No THEY dont and there are perfectly good reasons for this.

Speaking as one who has observed the issue over many years I wouldn't think the current situation resolves to anything other than stupidity, short term decision making and pandering to the irrational.

Essentially, it's a mess, incoherent and ultimately futile but whatever one may think I don't think " good " enters into the equation.

[wooloomooloo]

Essentially, it's a mess, incoherent and ultimately futile but whatever one may think I don't think " good " enters into the equation.

The rules are the rules and being negative and alienating the OP at this early stage doesn't help him one iota.

The OP has requested assistance in making sense of the process and he's already been given some good advice.

To the OP - the visa process isn't an insurmountable obstacle to you and your family living together in the UK. It does take a lot of hard work, and sacrifices will have to be made to achieve your goal, but your biggest asset will be bucket loads of patience and tolerance. And definitely give the naysayers a very wide berth.

Good luck.

[Richard W]

Although I've lived in the UK since I was 6 months old ( nearly 55 years) and both my now deceased, parents were British, by being born in Rhodesia might mean I can't get my son a UK passport. Crazy.

You can get him a UK passport (at least, if you've got him a proper Thai birth certificate). The problem is that you might have to pay £749 to first register him as British under Section 3(2) of the British Nationality Act 1981. If you're prepared to pay a lot more and bring him and his mother to the UK for three years, you can even register him as British other than by descent under Section 3(5).

Edited April 27, 2015 by Richard W

[Richard W]

What are Natan's nationalities?

[smiffyb36]

What are Natan's nationalities?

Natan is pure Thai.

Big thanks to everyone so far, I have given a lot of time between starting the process now and the date we would like to relocate around a year from now as I already knew it wouldn't be easy.

I have a very strong relationship with Natan and want to give him the best in life so it doesn't matter how hard the process is I'll keep working at it, he will get a decent British education and we will fight to maintain our family unit.

It does seem absolutely crazy all the red tape and crap you're required to wade through, I am a good earner and have worked all my life, we have a family bond that would hurt everyone involved should we not succeed especially the long term prospects of the kids, we have proof that Natan is under our sole care, I can get contract offer letter showing meaningful employment on return to the UK. When I look at the situation and consider the angles it should be really simple but it's far from!

Maybe because there seems to be so much to tackle I'm starting to feel we can't do this alone and will need to employ the use of one of the visa specialists to assist us.

[7by7]

If you do decide to use a visa agent I suggest you read the pinned topic Visa Agents before choosing one.

I would recommend Thai Visa Express; not just because they are members and sponsor's of this forum but because I know both Paul and Tony to be honest and professional.

Something which, unfortunately, cannot be said of all visa agents in Thailand, including some run by Brits.