Polite ask for advice regarding UK visa for partner and child

[jamiethailand]

Hi All,

Firstly I have tried to search the forum, between the forum and endless sites and far from user friendly UK Gov site I am hoping someone can provide some clear and concise advice. Really hoping to hear from a member who has been in the same position

I am a UK national living and working here in Thailand, my partner and I are unmarried, we have a beautiful daughter age 1.5 years. I haven't registered my daughter as UK citizen yet, hence no UK passport.

I would like to take them to UK this August to meet my family, have a holiday etc etc.

Currently my partner is a stay at home mother whom I support in full.

I understand that we first need to apply for a standard visitor visa. First query is do I need for both Child and Mother or just mother?

Regarding the visa application, how difficult is it to obtain if my partner does not have full time work etc? Will it be a refusal?

Secondly I presume it would make more sense not to book the ticket until the visa assesment has been completed, though would it help to have the return ticket booked to help application?

Really hoping someone can offer advice on the process etc and any useful helpful tips to make this hope a reality.

Many thanks for all helpful constructive replies Thaivisa members!

Jamie

[bigyin]

First of all I suggest you read the pinned threads on visa applications as a lot of your questions are answered there. But specifically

Get a UK passport for your child and then for sure no visa is required for her. Someone else can perhaps expand here if you don't get one.

Your partner does not need to be in work or have any income or savings. There needs to be sufficient funds to support the trip and this can come from her, from you or from a third party. Whoever is paying needs to supply detailed evidence in the form of bank statements and source of income to confirm this. Also your partner will need to provide firm evidence to prove that she will return to Thailand at the end of the trip. This part is easier if employed but evidence of your visa history in Thailand, your job with confirmation that you have been granted a holiday, joint accommodation will help. I suspect this will be the hardest part of the application.

You are specifically advised not to book tickets until the visa has been granted and having a ticket will not enhance your chances of success.

Do read the many threads on this subject and you will see lots of reasons for rejection and good advice from many posters. Good luck.

[durhamboy]

As things stand you would need a visa for both of them. Therefore I think I would get a UK passport for your daughter so she will not need any visas in future.

The most common reason for a visit visa rejection is failing to show a "reason to return". This is unfortunately becoming all to common recently. UKVI are afraid people will do this to circumvent settlement visa rules and costs. Also I believe there is no longer any appeal against a visit visa refusal so ECOs are tending to refuse borderline cases rather than accept.

Proving a "reason to return" is very difficult and somewhat subjective. So please give particular attention to this in giving all the details of your lives in Thailand including any assets such as a house you may own or even a lengthy unexpired lease. Anything that shows you are more likely to return rather than stay in the UK.

Good luck.

[7by7]

Assuming you are British otherwise than by descent, basically you were born in the UK and at least one of your parents is British or was legally resident in the UK at the time of your birth or you obtained your British citizenship through naturalisation, then your daughter is British.

Whether or not you have registered her birth in the UK wont change that.

This means that as no time restriction can legally be placed upon a British citizen's stay in the UK any visa application by her should be refused.

See UK Visa for child entitled to UK Citizenship

So you should obtain a British passport for her.

See Overseas British passport applications

You will need your long form birth certificate; the one with your parent's details. If you do not have this a copy can be obtained from Order a copy of a birth, death or marriage certificate.

That link is for those born in England or Wales. If you were born in Northern Ireland or Scotland, follow the appropriate link from there.

You should also obtain a Thai passport for her, and she then uses that to leave and enter Thailand and her British passport to enter and leave the UK. Both Thailand and the UK allow dual nationality.

Your partner will need a visa, and she basically has to meet three criteria.

1) She is a genuine visitor with a genuine reason to visit.

Well, she is you partner and wants to travel with you to meet your family and introduce your daughter to them.

You should write a sponsor's letter briefly outlining the history of your relationship and the reason for the visit at this time. See the example in the pinned topic linked to below.

2) She will be adequately accommodated and supported during the visit.

Accommodation can be provided by friends or relatives. Whoever is offering accommodation should write a brief letter of invitation in which they briefly describe the property and who else lives there to show that there is at least one room for your exclusive use.

Finance for the visit, that is the cost of tickets plus expenses in the UK, can come from you, your partner, a third party or any combination of these. Whoever is contributing toward the costs must show that they have the means to do so, e.g. last 6 months bank statements, and if a third party say why they are doing so.

3) She will return to Thailand, or at least leave the UK, when or before her visa expires.

From what you say she, herself, does not have a solid reason to return to Thailand.

But you do!

You are long term partners, live together, have a child together. If you return, so will she.

So you need to provide

• evidence of your immigration status in Thailand, i.e. a copy of your passport and your visa;
• evidence of your and your partner's life together;
• evidence that you will be returning to Thailand.

As already said, UKVI specifically advise against purchasing any tickets before the visa has been issued, doing so prior to that will have no effect on the decision.

You should read Standard Visitor visa from UKVI.

You may also find UK visit visa basics helpful (it needs some updating, but the essentials are the same).

[bobrussell]

Perfect advice from 7by7. The only issue I can see is with timing of the British passport. Not sure what the delays are but I would get on with the passport ASAP. A visit visa should be very straight forward if you provide the information suggested.

[johnch1213]

As things stand you would need a visa for both of them. Therefore I think I would get a UK passport for your daughter so she will not need any visas in future.

The most common reason for a visit visa rejection is failing to show a "reason to return". This is unfortunately becoming all to common recently. UKVI are afraid people will do this to circumvent settlement visa rules and costs. Also I believe there is no longer any appeal against a visit visa refusal so ECOs are tending to refuse borderline cases rather than accept.

Proving a "reason to return" is very difficult and somewhat subjective. So please give particular attention to this in giving all the details of your lives in Thailand including any assets such as a house you may own or even a lengthy unexpired lease. Anything that shows you are more likely to return rather than stay in the UK.

Good luck.

"""As things stand you would need a visa for both of them. Therefore I think I would get a UK passport for your daughter so she will not need any visas in future."""

As things stand if the OP is was born in the UK, He can not apply for a visa for his Child any application should be refused as the child can get a UK Passport

[jamiethailand]

Guys,

Want to thank you wholeheartedly for taking the time to provide a considered responce, this is really helpful.

Yes first things first will get the passport for my Daughter, a friend also said this makes mrs visa a lot easier.

As you can see it was my first post so thanks for the help!

[7by7]

Not sure if your daughter having a British passport will make your partner's visa 'easier' or not.

One suspicion the ECO may have is that with a British partner and a British child she may be attempting to use a visit visa to by pass the settlement rules and live illegally in the UK with you and your daughter.

You have to show them that this is not the case by providing evidence of you and your families life together in Thailand and your immigration status there, as outlined in my previous post.

Particularly as your partner has no solid reason to return herself.

If the ECO is satisfied that, on the balance of probabilities, your relationship is genuine and subsisting and that you will return to Thailand at the end of the visit, then they will be satisfied that your partner will return with you.

Don't make the mistake that the OP of this topic did of assuming the ECO will take your or your partner's word for it; supply documentary evidence to back it up.