Visa for my wife's Thai daughter

[chris9111]

Hi there and happy new year,

 

I am a British citizen, 27 years old and earning ~50k a year. 1 year and a half ago my wife received her permanent spouse visa, so she needs to wait another 3 and half years for the British passport. We have two children who have both Thai and British passports. My wife has a Thai daughter from a previous marriage, she is 12 years old. Is there a way for us to allow her to stay with us in the UK via a permanent visa? She currently lives with her Thai father in Thailand - this being a mutual agreement.

 

Best regards,

 

Chris

 

Edited January 2, 2017 by chris9111

[theoldgit]

Others who have been through this will no doubt post details of their experience in due course, but I suspect you and your wife will face an uphill struggle.

 

You say that your wife's daughter currently lives with her father in Thailand but now wants to live with your wife and you in the UK. When applying for a UK Settlement Visa for her daughter your wife will need to demonstrate that she has full parental control of her daughter, this doesn't seem to be the case.

 

As I say others have faced this challenge and will no doubt respond in due course.

 

You say that your wife has a "permanent spouse visa" but that she has to wait a further three and a half years before she is eligible to apply for a British Passport, I think that you mean that your wife has got further leave to remain, this is not a "permanent spouse visa".   

[7by7]

19 hours ago, chris9111 said:

My wife has a Thai daughter from a previous marriage, she is 12 years old. Is there a way for us to allow her to stay with us in the UK via a permanent visa? She currently lives with her Thai father in Thailand - this being a mutual agreement.

 

As theoldgit says, this means you and your wife will have great difficulty as your wife has not been exercising sole responsibility.

 

SET7.8 What is sole responsibility?

Quote

A sponsoring parent (see SET7.2) must be able to show that he/she has been solely responsible for exercising parental care over the child for a substantial period. If the sponsoring parent and child are separated, the child will normally be expected to have been in the care of the sponsoring parent’s relatives rather than the relatives of the other parent. An application should normally be refused if the child has been in the care of the other parent’s relatives and the other parent lives nearby and takes an active interest in the child’s welfare.

In your case, the child is actually living with and in the care of her father; which will make it even more difficult!

 

You may be able to get around this if you can show that there are serious and compelling family or other reasons why the child needs to live in the UK with her mother; but

Quote

The ECO should consider all the evidence as a whole, deciding each application on its merits........

 

But not considered acceptable as a ‘serious and compelling’ reason under this provision:

• that the UK offers a higher standard of living than in the child’s own country.

 

Like theoldgit, I am confused when you say

19 hours ago, chris9111 said:

1 year and a half ago my wife received her permanent spouse visa

 Do you mean that now has no time limit on her stay in the UK because she applied for her initial visa before the changes which came into effect on the 9th July 2012 and 18 months ago she was granted Indefinite Leave to Remain? (If she applied for her initial visa after 9th July 2012 then she would not be eligible for ILR until she had lived in the UK for at least 5 years.)

 

If so, this will increase the difficulties in obtaining a visa for her daughter as they have been separated and the child in the care of her father alone for at least 4 and a half years. The longer the separation, the longer the child has been in the care of the other parent then the more difficult showing sole responsibility will be.

 

But; however long your wife has lived in the UK, however long the child has been in the care of her father, whatever your wife's current immigration status; you and she need to make a compelling case to show why the father can no longer take care of the child and why she now needs to live in the UK with her mother instead.

 

I think this is a situation where expert, professional advice is needed and so suggest you contact either a solicitor who specialises in immigration matters or a registered OISC advisor.

 

BTW, your wife does not have to wait 3 and a half years to apply for naturalisation as British. She can do so once she has ILR, provided she

• was physically and legally present in the UK on the date three years prior to making her application and
• during the last three years has spent no more than 270 days in total out of the UK, with no more than 90 days in the final year.

Provided all the other requirements are met, of course; see Become a British citizen; 2. If your spouse is a British citizen

[chris9111]

Thanks for the reply,

 

Yes sorry she has a 'leave to remain' (spouse visa). From my understanding we will apply for further leave to remain in 1 year and then the passport 2 and half years after that. Her daughter is with her father and my wife's mother, according to:

 

'If the sponsoring parent and child are separated, the child will normally be expected to have been in the care of the sponsoring parent’s relatives rather than the relatives of the other parent.'

 

Are we able to swing this?

 

Regards,

 

Chris

[chris9111]

Let me try to make it clearer. My wife has been in the uk since May 2015 on a spouse visa. Prior to that she took care of her daughter in thailand. twice she came to the uk on a holiday visa, whilst in the uk her grandma took care of her daughter. Now she is on the spouse visa in the uk it was decided that her daughtersfather took care, however the father dosent want to take care now and the daughter is missing her mother. this is why i want to fetch the daughter over. Thankyou in advance for your input

[chatette]

How about your stepdaughter going to the UK on a student visa, at least until you can work something else out?

[georgemandm]

Tell me dose the girls father not have rights to his daughter ? .

why should you be aloud to take that girl away from her father?.

I think you are very wrong as a stepfather thinking you should take that girl to live with you in England.

fathers have rights to you know .

Edited January 4, 2017 by georgemandm
Spelling

[sandemara]

I would recommend that you consult a UK-based immigration specialist lawyer.  Lay out all the facts and seek his/her advice. If the child's father is cooperative and is willing to support his child's chance at a better future I don't see you have any insurmountable problems.  My Thai wife (of 25 years) had two children from a prior marriage; they were 8 yrs and 4yrs old when they came into our permanent care in Australia.  I've always supported and encouraged their retaining their Thai heritage, and maintaining contact with the Thai side of their family; they have experienced no problems.  The kids (now adults with Australian uni degrees)  move happily in both worlds with successful business careers in Bangkok at present.  My wife and I have a friendly relationship with their Thai father, although both kids have chosen to maintain some distance after trying to embrace a closer relationship when they first decided to give the Thailand business world a go. The western influences and values in their bringing up caused clashes - the Thai father expected to enjoy a more dominant, revered role in their lives despite having contributed nothing to their growing up, emotionally or financially, for 20 years or so.  He cannot understand their independence and determination to make their own lives according to their wishes, regardless of family "obligations" they don't acknowledge as impertives.  What I see as success, he sees as failure in my support and child rearing methods.  Funny but sad, too.  Their father, while reasonably successful in his own business ventures, has become a lonely, bitter individual as a result of his choices. God luck.

[metisdead]

3 hours ago, georgemandm said:

Tell me dose the girls father not have rights to his daughter ? .

why should you be aloud to take that girl away from her father?.

I think you are very wrong as a stepfather thinking you should take that girl to live with you in England.

fathers have rights to you know .

 

 

As the OP stated in the post above:

 

Quote

however the father dosent want to take care now and the daughter is missing her mother. 

 

Since the father does not want to take care of the daughter any longer, looks like he has given up the rights to his daughter.  

 

 

Posts attempting to derail this topic have been removed. 

 

 

[georgemandm]

9 minutes ago, metisdead said:

 

 

As the OP stated in the post above:

 

 

Since the father does not want to take care of the daughter any longer, looks like he has given up the rights to his daughter.  

 

 

If the father dose not want to take care ok .

i was reading from the first part of the story.

it will cost the op lots of money for the visa for the kid .

not sure about English visa but Australia ones are going up to $10,000 each soon for kids and parents.

so I can see in the future man not taken parents and their kids out of thailand.

 

Edited January 4, 2017 by georgemandm
Add on

[7by7]

8 hours ago, chatette said:

How about your stepdaughter going to the UK on a student visa, at least until you can work something else out?

 

Not as simple as it seems.

 

Tier 4 (Child) student visa

Quote

You can apply for the Tier 4 (Child) student visa if you’re aged between 4 and 17 and you want to study at an independent school in the UK.

You must also:

• have a place on a course
• have the consent of your parent or guardian
• have enough money to cover your course fees and living costs
• be from a country that’s not in the European Economic Area (EEA) or Switzerland
• meet the eligibility requirements

 Note it says independent, i.e. fee paying, school. You cannot use this visa to study at a state school. A child can only do that if they are legally resident in the UK.

 

Plus, AFAIK, this visa cannot be converted to settlement inside the UK, and once the child is 18 she will not be able to apply for settlement to join her mother.

[7by7]

With respect to  sandemara and georgemandm, the OP is asking about the UK, not Australia. The rules and requirements are not the same.

[7by7]

22 hours ago, chris9111 said:

Let me try to make it clearer. My wife has been in the uk since May 2015 on a spouse visa. Prior to that she took care of her daughter in thailand. twice she came to the uk on a holiday visa, whilst in the uk her grandma took care of her daughter. Now she is on the spouse visa in the uk it was decided that her daughtersfather took care, however the father dosent want to take care now and the daughter is missing her mother. this is why i want to fetch the daughter over. Thankyou in advance for your input

 

She has to show sole responsibility.

 

She will need to explain why her daughter did not come to the UK with her in 2015, why at that time she handed the day to day care of her daughter over to the father and why that is no longer possible. A statement from the father saying he no longer wishes to care for his daughter is not enough; neither is the daughter saying she misses her mother.

 

In addition, your wife should provide evidence to show that during the separation she has taken an active interest in the child's care.  Evidence of regular contact, financial support, being involved in all the decisions concerning the child such as schooling.

 

As I said before, I think you will need professional advice on this.

Edited January 4, 2017 by 7by7

[lungnorm]

1 hour ago, georgemandm said:

If the father dose not want to take care ok .

i was reading from the first part of the story.

it will cost the op lots of money for the visa for the kid .

not sure about English visa but Australia ones are going up to $10,000 each soon for kids and parents.

so I can see in the future man not taken parents and their kids out of thailand.

 

Well they have to pay for the illegal boat people somehow.

[georgemandm]

1 minute ago, lungnorm said:

Well they have to pay for the illegal boat people somehow.

No more illegal boat people get in to Australia has no happened for the last two years.

pay for all the money they waste on their bs . 

 

[lungnorm]

1 minute ago, georgemandm said:

No more illegal boat people get in to Australia has no happened for the last two years.

pay for all the money they waste on their bs . 

 

Nah we are still processing the 50,000 that arrived under the Rudd Gillard Rudd labor Govt.

[georgemandm]

4 minutes ago, lungnorm said:

Nah we are still processing the 50,000 that arrived under the Rudd Gillard Rudd labor Govt.

Not no about that f??? Wit Rudd or gillard but have a bigger f??? Wit in government now and a bigger f??? Wit in Victoria now .

all government in the last 30 years have been bad but it is still a great county . 

[lungnorm]

Just now, georgemandm said:

Not no about that f??? Wit Rudd or gillard but have a bigger f??? Wit in government now and a bigger f??? Wit in Victoria now .

all government in the last 30 years have been bad but it is still a great county . 

Agree 100%