Hi there I hope you can help me please.

Does anyone have a good Immigration Solicitor in the Essex area they could recommend or maybe you could advise me on something if possible.

Basically on my last post I was advised regarding my wife's visa options so thank you to those for your help and comments and due to your help I know now that my wife can only apply for FLR in February 2016 due to her not spending the right amount of time in the UK to apply for ILR and our plan was also to apply for her son to come and join us in the UK.

My question is when my wife and her ex finished their son stayed with her ex's mum it would of been with my wife's mum but sadly she died when my wife was a young girl and there was no one else on my wife's side to look after him and everyone agreed rightly or wrongly that this would be the case so my wife could get a job to support her son like so many others have done. Anyway do you think this would cause problems in bringing him to the UK due to the fact he is not with my wife's immediate family and this could be used in knocking us back and if you could see this not being a problem would it be better to do a separate application or would it be with my wife's FLR?

Now I know how tough and barbaric the rules are for non EU visa's are already and if they can they will give a knock back at the smallest reason even though they don't know the full facts so if you could advise me I would be really grateful.

It really makes me sick that just because I am married to a HUMAN BEING from a non EU country THAILAND that we can be treated like something on the bottom of someone's shoe when it should be a level playing field to all (There rant over sorry about that).

Anyway thanks in advance for any help and I hope you can.

Cheers

Stan

Unfortunately this is a potential visa failure as your wife must prove sole responsibility for the child and a visa is normally refused when the child has been living with paternal relatives. This is a case where professional guidance is worth it. Trying looking on the OISC website for level 3 advisers in your area. Levels 1 and 2 are not useful for you.

Thanks Tony

SET7.8 What is sole responsibility?

OISC Adviser Finder

This type of case is really not for the amateurs.

A few things to consider:

Are there compelling reasons why the present arrangement cannot continue? Are you now required to be the person with sole responsibility because of changes in Thailand?

Ill health? Refusal by the grandparents to continue to care for the child? Problems specific to the child that make it necessary for the present arrangement to end? Examples here might include anything that puts the child at risk in Thailand (abuse etc).

I am not, for a second suggesting that these apply in your case but there has been a lot of pressure on UKVI to try to get them to give higher consideration to the welfare of the child (irrespective of nationality).

Talk the situation through with an immigration solicitor or correct (high) level OISC advisor. These situations are difficult and it is important to get any application absolutely right for the Home Office to consider!

Best of luck!

Thanks for your advice everyone it really helps.

It really makes me sick that just because I am married to a HUMAN BEING from a non EU country THAILAND that we can be treated like something on the bottom of someone's shoe when it should be a level playing field to all (There rant over sorry about that).

My sympathy. It is beyond me to understand how the UK (and the US, and Australia) can do that to their citizens, and still call themselves a civil country of human rights.

Of course, we'll always have someone here to defend injustice.