Friday, October 9, 2009

Taking UK Visa Application for granted

No Matter how much advice we give out, if the person on the other end of the email isnt happy with the advice, all we hear is "but the uk government will be breaking this law and that law and should be prosecuted under than law"

The UK man applying for a visa for his Thai familys situation

We were contacted recently buy a UK man that had lived for the last 5 years in Thailand,

  • Has A Thai Wife
  • Has a child to the wife
  • The wife has a child from a previous relationship

He is returning to the UK as he has ran out of fund to live in Thailand and is returning to the UK

  • No Job in the UK
  • No Home in the UK
  • No Savings in the UK

If he applied for a UK Visa Today

I explained that if he applied for a UK settlement visa today for his Thai wife, he would be refused, the main reason would be that he is unable to provide for the family back in the UK.

He would be able to take his child back to the UK as long as the child has been issued with a UK Passport.

We also advised him to find full time employment and find a home suitable for the family. After which time a UK settlement visa for his wife would have more of a chance of succses.

But the problem will be the previous child from a different father. We are not saying that it is impossible to get a UK visa for this child, but it is not straight forward. For starters who has legal rights over the child?

This is the email that i received back from the UK citizen

Thanks for the reply. What I was getting at was my lack of understanding here. If I am living in the UK for 6-7 months, have set up a home and are working, along with my 3 year old British citizen daughter, and I then apply for a visa for my wife of 3/4 years standing, and our step-daughter who has lived with is for 6 years, then is it really on the cards that the UK Govt would deny a visa to them both,

thereby depriving my 3 year old her human right of abode with her mother as contained in the European Human Rights Act?

Surely they would then be liable for prosecution under this act, particularly if we had demonstrated that we were not a burden on the state, but merely a normal family. I realise that this may be outside of the sphere of your normal visa dealings (Eg middle aged falang wants to take his new Thai girlfriend to the Uk for a holiday), but I would appreciate some up-front advice. I also await details of costs, time frames etc as requested in my previous email.

Why people get refused UK Visas

In a nutshell, the UK immigration department have strict guidelines about issuing visas and with other peoples children this strictness will show. People in the UK believe they have rights to bring foreign wifes and husbands back to the UK, the UK immigration department has a right to refuse any visa application and do daily.

It will take time and evidence to get all of this family to the UK, how much time is impossible to say.

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