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Posted

My wife came here Jan 2006 on a 2 year spouse visa after we married in Thailand (May 2005). She's now preggers, due end June 2007. In Dec 2007 we will apply for her ILR. Assuming all goes well we will obviously have a baby by then, presumably British.

Someone told me the child may make this more difficult, they talked about the child being British while it's mother was on a spouse visa. I would have thought it would add to our case, prove we're serious? (Don't mis-understand - we're very happy and starting a family whatever).

So, any concers here? We'd prefer to give birth in the UK, is there any reasoning against this?

As a more general question, forgetting my circumstances and asking on behalf of other friends. Are there many in stable relationships that get refused ILR?

Thanks.

Posted (edited)

As long as you and your wife provide sufficient evidence as suggested on the SET(M) form, her ILR application should only be a formality. Begin collecting the documents now, if you haven't started already.

If you are British or settled, then your children born in the UK will have the advantage of being British "otherwise than by descent" under section s1(1)( a )/( b ) of the British Nationality Act 1981. They can pass on UK citizenship to your grandchildren automatically. They can also aquire Thai citizenship via their mother.

Would your wife prefer to have a Thai doctor rather than a midwife deliver the baby?

If you want your child to be born in the UK, do inform your GP now so that he may make the necessary arrangements. See also The Pregnancy Book: 2006 edition and Birth to five: 2006 edition.

The NSW Multicultural Health Communication Service also provide some useful health related information in Thai for your wife to read.

Edited by vinny
Posted
As a more general question, forgetting my circumstances and asking on behalf of other friends. Are there many in stable relationships that get refused ILR?
None that I nor anyone I know has ever heard of.
Posted

Thanks for the info - very good to know.

Once the kid has a passport, does that alone make him a Thai citizen?

Does he also need to be registered on the Thai family papers in the local office back in Thailand, to be able to go to school etc there in future? If so is there a time limit that needs to be done after it's birth?

Thanks

Posted
As a more general question, forgetting my circumstances and asking on behalf of other friends. Are there many in stable relationships that get refused ILR?

When we sent off the application for my wife's ILR it was just a matter of sending off a couple of things and a cheque - completely stress free - apart from forcing a Scotsman to part with some money!

Posted

Thanks Dan Sai. Maybe it's changed since then, or maybe you had all the necessary paperwork.

Now immigration want to see 2 years documents proving couple are together. 5 documents for each year, ideally with at least 3 of these, such as mortgage or accounts, in joint names. Of course, most couples of same or mixed nationality don't necessarily have these in joint names.

Posted (edited)

Ideally documents should be in joint names, but a mixture of joint and individually addressed ones will do.

From memory, when my wife applied we submitted:-

Phone, gas and electric bills

Council tax statement

Rent statement (or mortgage statement if relevant)

Wife's NHS card

Wife's hospital appointment letter

Letter from DWP re wife's application for an NI number

Letter from Inland Revenue re my tax credits claim

Bank statements (one each and a joint account)

Credit card bills (one each)

Mobile phone bills

Letter from wife's employer confirming her job offer

Store loyalty card statements

Letter from daughter's school

See section 6 of SET(M) for further examples.

Plus, having a baby together is a big confirmation of your commitment. (Congrats, by the way.)

Edited by GU22
Posted

If you don't have any letters in joint names, the Home Office ask for 10 from 5 different accepted sources for each of the 2 years.

Edit// Of the 10 letters per year, at least 4 must be addressed to one party and 6 to the other in addition to showing them to live at the same address.

Scouse.

  • 1 year later...
Posted

Intersting thread.

I am in very similar situation. Our baby is due on 25 March 2007 (like 4-5 weeks away).

Our ILR is being pushed back on, and despite providing a mountain of documents to substantaite our relationship they're playing funny buggers and trying to catch us out. They have the audacity to drag us up to Sheffield (from Leicester) 18 days before she is due to drop the baby, for interview. They want me to take like 2 years of bank account statements, my company accounts (I am self emplyed) and listen out - Council Tax Bills for my past properties (we have lived in 2 other places since she has been here). I think they are trying to catch us out or something....

I have writen to our MP and got him to write to them and tell them to back off and stop victimising us. The Home Office operate outside the law and are BULLIES.

Perhaps if my wife was Somalian or one of the many thousands of Muslim immigrants here, or she had arrived on a lorry from Eastern Europe claiming political asylum then she would be granted leave to remain, given housing and cash hand outs from the government. She would have then been allowed to stretch our NHS resources and public services even further, perhaps even being able to adopt her own laws from her foreign country.

No, instead the Home Office is trying to bully us just because we try to go about things properly and professionally. We went to massive lengths to demonstrate my ability to support my wife for her arrival here under a Spouse Visa. We were at loggerheads them for a long time. noe they weant to mess us about over this.

INTERESTING: If she has baby before she gets her ILR (i.e they refuse her ILR), what they gona do? Send her home ? So she has to go home and be seperated from our child who will be weeks old and without passport or Thai Visa. think they then need to look at the Human Rights Act.

Posted
Intersting thread.

I am in very similar situation. Our baby is due on 25 March 2007 (like 4-5 weeks away).

Our ILR is being pushed back on, and despite providing a mountain of documents to substantaite our relationship they're playing funny buggers and trying to catch us out. They have the audacity to drag us up to Sheffield (from Leicester) 18 days before she is due to drop the baby, for interview. They want me to take like 2 years of bank account statements, my company accounts (I am self emplyed) and listen out - Council Tax Bills for my past properties (we have lived in 2 other places since she has been here). I think they are trying to catch us out or something....

I have writen to our MP and got him to write to them and tell them to back off and stop victimising us. The Home Office operate outside the law and are BULLIES.

Perhaps if my wife was Somalian or one of the many thousands of Muslim immigrants here, or she had arrived on a lorry from Eastern Europe claiming political asylum then she would be granted leave to remain, given housing and cash hand outs from the government. She would have then been allowed to stretch our NHS resources and public services even further, perhaps even being able to adopt her own laws from her foreign country.

No, instead the Home Office is trying to bully us just because we try to go about things properly and professionally. We went to massive lengths to demonstrate my ability to support my wife for her arrival here under a Spouse Visa. We were at loggerheads them for a long time. noe they weant to mess us about over this.

INTERESTING: If she has baby before she gets her ILR (i.e they refuse her ILR), what they gona do? Send her home ? So she has to go home and be seperated from our child who will be weeks old and without passport or Thai Visa. think they then need to look at the Human Rights Act.

Has she passed her life in the Uk test or been to Collage? If not she wont get ILR. They now give another two years FLR until She has the above.

http://www.bia.homeoffice.gov.uk/siteconte...orms/flr/flr(m)

Download SEt(M) the valid from 29th February and look at Section 5

My Wife applies for her ILR In July and we have two kids, one born in Thailand (dual Nationality) and one born here in the UK last year.

She has been to Collage and passsed four English exams with Citizenship. They have also put a new proviso in as from today stating if the Collage course was not Entry Level 3 then a letter from the Collage is required along with the certificate.

I don't believe they will deport your Wife but give her another 2 year visa. But who knows..I don't trust them. The Countries filling up with Eastern Europeans and they are picking on the minorities.

If they deport mine then it's Thailand for me.

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