hi guys

i have lived in thailand for nearly 5 years now but now have to go back home my problem is that i dont have any thing back in the uk. No home no job yet no banking records i am in the hsbc but i dont realy any money in it because its all in my thai bank. I can get a house and job when i get back but this is my problem i have a thai wife and baby and wish to take them with me but because i dont have any thing in england. I may have a problem geting a settlement visa for the wife the babys ok she has a uk passport. I dont want to go home and set things up on my own because i would miss out on the baby she is only 3 weeks old. I have been told i can get a 6 month tourist vias so she can come with me and then apply for a settlement visa in england this way i would not have to wait for the settlement visa in thailand and they could come back strait away with me is this true and is it easy or hard to get a settlement visa in the uk i have more than enough money to support them and geting things sorted in england would only take a few months ie job house ect. Also can my baby have both a thai and uk passport i have been told no only a uk one

chears mazo

That's a good one for the Scouser, he won't be on until later.

sorry posted this in the wrong forum can the mods please put it in the Visas and migration to other countries forum please

Topic moved.

totster

I have been told i can get a 6 month tourist vias so she can come with me and then apply for a settlement visa in england

Also can my baby have both a thai and uk passport i have been told no only a uk one

Unfortunately, tourist visa holders can no longer switch their status to spouse settlement in the UK (see paragraph 284(i) of the immigration rules).

If the baby's mother is Thai, then the baby is also a Thai citizen under Section 7 of Thailand’s Nationality Act. She can apply for a Thai passport. The application will have to be done in person at one of the passport offices as fingerprint (or toeprint for babies) and photograph have to be taken on site.

So whats my chances of geting a spouse settlement visa for her before i go back

thanks mazo

Scouse, the child, also being a UK Citizen has the Right of Abode in the UK. Can the mother enter UK under the category Exercising right of access to a child resident in the United Kingdom? The Rules (Paragraph 247) allow for a stay upon entry of up to 12 months. Moreover, it appears that the mother could apply for settlement after 12 months under paragraph 248D?

Para 247 of the Rules relates more to access to a child where the parents are separated/divorced and a requirement is to have:-

...evidence that he has access rights to the child in the form of:

(a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or

( a certificate issued by a district judge confirming the applicant's intention to maintain contact with the child;

which Mazo's wife would not have as there is no dispute between the two of them.

To be honest, I don't see why Mazo's wife shouldn't apply for a settlement visa. We don't know what his educational/professional background is, but when determining a settlement application where no party has immediate employment, the visa officer is obliged to consider the ease with which either can gain employment. Additionally, Mazo says he has funds in a Thai bank account, and these may be used for the purpose of demonstrating that there are sufficient funds available until such a time as he can find work. In terms of accommodation, perhaps Mazo could have a friend/relative put them up until such a time as he and his wife find a place of their own?

Cheers,

Scouse.