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Posted

Hi all just a few questions in regards to visa application for my x-wifes son,

We have been separated for several years now but get on well as we have a son born in UK together, she has just had a visit visa for her son refused for several reason not completing documents properly etc, she used an agency and submitted 2 month old bank statements (by the time they submitted application) not getting the correct information from his school etc.

Her son is 17 now and will be 18 in June 2016, she was hoping to get her son to come visit for 1 month and if he liked it she would bring him to stay permanently.

1) does she need to show £18,000 as a wage as she has no where near that?

2) she has a bf is she better doing a joint application as bf as sponsor, or better to do in her name and her to sponsor her son?

3) she has been in UK now 5 years and since he got older thought better for him to finish education in bk, she sends money pays schools and everything for him. is that length of time a problem?

4) if she applies before he is 18 is that better than waiting until he is 18?

5) is it very hard for him to get visa after 18 (some of her friends say yes)

Tried reading the uk website but not really got any definite answers.

Who would she be best talking to about the requirements etc, British Embassy in BK or immigration solicitor in England?

Thank you in advance

Posted

For one month visit... Visit Visa required the £18,600 does not apply. please read the "UK Visit Visa Basics" pinned topic http://www.thaivisa.com/forum/topic/446602-uk-visit-visa-basics/

If he wishes to stay (settle) in the UK he will have to return to Thailand to apply for Settlement Visa. at 18 he will not normally be classed as dependant except on medical grounds if he were servilely disabled, as he is 17 and been educated in Thailand while you Ex was in the UK it would be highly unlikely that he would be accepted as a dependant even if you were able to apply before he turned 18, then (I think,hope others can correct me on this) when he turns 18 he will have to leave the UK as he will no longer be a dependant.

Posted (edited)

He cannot apply for settlement as a child once he has reached 18, though he could apply as an adult dependent; see "Coming to be cared for - you’re an adult dependent relative" on this page. But as you can see, the requirements for that are very strict!

If he applies for settlement as a child whilst he is under 18 but turns 18 before a decision is made, then the application will still be valid and, if he meets all the requirements, he would get the visa.

If his application were successful, then whatever his age he would be allowed to remain in the UK when he turned 18.

As your ex wife presumably has ILR then he, if successful, would be granted ILE, which is the same as ILR but applied for and granted outside the UK.

In which case your ex wife would not have to meet the financial requirement, but would need to show that he will be adequately maintained and accommodated without recourse to public funds.

Have a read of Child settlement, especially SET7.8 What is sole responsibility?

To be honest, given his age and the, presumed, length of separation, I don't hold out much hope of success.

He can, of course, apply to visit her at any time regardless of his age.

Edited by 7by7

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