return to UK for my Son to attend a British school

[jollyman]

Hi you all.

Here are the basics. I am British, My son,11 years old British/Thai. My Wife Thai. Married 16 years, lived in Thailand 16 years. I pay UK tax,have National insurance number,UK banks etc. My wife has a 10 year UK visa, which allows her to stay 6 months a year in UK.

Next year we want to get our son into a Secondary school in the UK. We have this organized ok.

We cannot afford to buy a house, nor can we show the 70K+ savings to get my wife a full stay visa.

We have accommodation fixed up to start it all rolling.

Bottom line:

After my son starts school is there any way she could get an extension to stay, based on the welfare of the child?

We do have a plan if its not possible, but somewhere i read once about extensions based upon compassionate grounds for the child's welfare.

Thanks to read this far,life in the land of (false) smiles interesting indeed

all the best

P

[steve187]

no

the system is there for all, apply in thailand

[jollyman]

thats not too clear sorry, we will be in uk,and the point is we want to be there and get her an extension there so as to stop there!, I don't think thats possible to do in Thailand??wE already have a 10 year vis,but only 6 months stay per year. I have since found out that there are a lot of immigration solicitors in UK who maybe could pull that off, Cheers

P

[johnatong]

thats not too clear sorry, we will be in uk,and the point is we want to be there and get her an extension there so as to stop there!, I don't think thats possible to do in Thailand??wE already have a 10 year vis,but only 6 months stay per year. I have since found out that there are a lot of immigration solicitors in UK who maybe could pull that off, Cheers

P

Just interested in whether this is something you want or is it something the boy as asked for ?

I hope you are aware that the boy may find the transition from a Thai school to a UK school very challenging.

Good luck in seeking the "extension". You will require a very good and probably expensive Lawyer who will not provide a written guarantee of a successful outcome.

[jollyman]

Well its something we all want, hes been to the uk now 7 times,skied,travelled Europe, Travelled USA, we all realise Thailand ids going down the Drain,Army not leaving any time soon, Its his luck we have been able to pay for a good British school here, but not the Same Same. We choose OUT!

cheers

[7by7]

The only way your wife could remain in the UK for access to her son under the UK immigration rules would be if you were divorced/separated and you had custody.

See "Coming to look after your child" on this page.

Using the Zambrano ruling to live in the UK as the primary carer for her son under the EEA regulations would only work if you were divorced/separated and your wife had custody.

[7by7]

Thinking overnight, I realise that my above post ignores the prospect of UK settlement for her as your spouse..

But you seem to think you don't meet the financial requirement; are you sure about this?

As your son is a British citizen, you only need to meet it for your wife. So if meeting it by cash savings alone the amount required is £62,500.

Still a lot, but you say in your OP " I pay UK tax,have National insurance number,UK banks etc." Does this mean you have a source of income?

If meeting the financial requirement for a spouse from income alone the amount required is £18,600 p.a. This income can be earned, salary or self employed, or unearned, e.g. investment income, income from renting property you own. Various income sources, but not all, can also be combined to reach the required amount.

If your income is still below £18,600 p.a. you can combine most, but not all, income with savings above £16,000 to reduce the amount of each required.

See the financial requirement appendix for full details.