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Thread: Wife's children

  1. #21
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    1. I wouldn't put too much stead in what a visa agent says unless he is a).UK based and b fully qualified. Is Richardb still around? He would be able to give you a definitive answer on this.

    2. I'm not advising you to lie but if the father feels his kids would have a better life in the UK, surely he would be happy to provide a letter stating that he doesn't see them - they need to be taken care of ASAP. After all, twice a year isn't so much. That position may 'change' after the visa is issued of course, he may have a change of heart and visit his kids in the UK. As a family you will no doubt go back to Thailand from time to time - he would not be banned from seeing them. Use your noggin Chris - I really don't think the father is an issue but as I've suggested above, there is a solution. The kids would have to sing from the same hymn book at any interview though. The children's welfare is paramount and I'm sure that's not ignored when deciding a visa application. Hopefully, Richardb will be able to help you.

  2. #22
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    If you don't feel their application would be successful, and the cost of two applications failing does make it a big risk, you could maybe change the circumstances.
    Your wife could return to Thailand and take care of them if she feels they are not getting the correct upbringing.

    If she has to because their father is away and not supporting financially and their grandparents can no longer cope and she has no other options, then after 6 weeks or so of displaying sole responsibility an application would be stronger.

    Obviously she would have to think about her own existing visa (and future applications) and strike a balance of an acceptable time out of the country with a period of proving sole responsibility.

    Its certainly not ideal but it's an option.

  3. #23
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    Hi flip. Who is Richardb


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  4. #24
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    Richardb is one of the moderators, he is also an immigration lawyer.

    Hmmmm, he's been inactive since 26 October last year. I'll try to get some info for you.
    Last edited by Flip; 8th Feb 2017 at 20:55.

  5. #25
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    Chris, I've messaged Richard - hopefully he'll be in touch. I have his phone number somewhere (I hope) if not. Cheers.

  6. #26
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    I don't suppose Richard has been in touch with you by PM has he Chris? I haven't heard a thing from him.

  7. #27
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    No flip not herd nothing but thanks very much for trying


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  8. #28
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    I feel for my wife. She really wants them, have talked to two visa agents so far. One said not a chance if the kids still see the farther. They were uk based. The other was Thai and uk based and they said a good chance, due to the grandparents being very old and having a daughter who needs special needs. Which one do we trust


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  9. #29
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    Chris,

    I'll call Richard tomorrow. I really can't see why, with the father's permission, there should be any problem but let's see what Richard says.

  10. #30
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    Thanks flip. I can't see why, but they are supposed to be the experts and they would not take my money. That is what made me think twice


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  11. #31
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    They are not experts Chris or they would not tell you what is not true.

    I have spoken to Richard and as I expected, he agrees that its a load of crap. The children's applications should not fail simply because they see their father. As there is no basis in law for a refusal on those grounds, you would have a very good case at appeal if they did so.

    Also Chris, there will have been thousands of people in similar positions who's kids are now in the UK. I'm surprised nobody's been along to state this but hey, I'm trying to get details of personal experiences where Amphurs have refused Affirmations because the Consulate have offered to help. Despite their previous complaints about Amphurs refusing to marry them, nobody's come forward

    Anyway, Richard says there is no problem so get on with it but make sure the application is watertight. Remember Richard is a lawyer not a visa agent!!

  12. #32
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    Thanks flip we will start the process when we go back to Thailand in April. First thing we have to do is get there passports. The farther grandparent who look after the boys now are quite happy to write a letter saying that it is a struggle to look after the boys and the farther is willing to write letter saying that he can not take care of them. So all being well we should get them a visa. Thanks for everything flip


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  13. #33
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    No problems Chris. If you need any help with the applications, I'm sure that members here will be happy to help.

  14. #34
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    Article 8 of the Human Rights Act entitles you to a family life, that's you and your wife as well as the children. Now you might need a judge to determine your (UK) lawful privileges with respect to this, as sadly, in my experience the Home Office will do their utmost to deny your children's visa applications. The entirely nebulous concept of 'Sole Responsibility' in the Immigration Rules is a blunt tool devised as an attempt purely to reduce the number of migrations and has very little if anything to do with protecting the welfare of children. Now the children's circumstances points to a bumpy ride through the immigration process but given time and resources, there's nothing you have revealed that might ultimately deny your entitlements under Article 8. If I had to guess, you would stand a good chance of being refused at the application stage unless the applications and interviews are watertight - but that's not the end of it. For the kids sake it's not a good reason not to try though. My advice, get a good OISC level 3 advisor at the outset.

  15. #35
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    Quote Originally Posted by Timbo View Post
    ... in my experience the Home Office will do their utmost to deny your children's visa applications...
    This is not correct, if the children qualify under the Immigration Rules they will be granted their LTE.

    Quote Originally Posted by Timbo View Post
    ... The entirely nebulous concept of 'Sole Responsibility' in the Immigration Rules is a blunt tool devised as an attempt purely to reduce the number of migrations and has very little if anything to do with protecting the welfare of children...
    This too is not correct. In order for a parent to bring a child to the UK the applicant must demonstrate that they have sole responsibility for the children, it is a test of a parent’s level of engagement with major decisions in the child’s life. It is to demonstrate that there is a subsisting relationship with the child.

    Quote Originally Posted by Timbo View Post
    Article 8 of the Human Rights Act entitles you to a family life, that's you and your wife as well as the children...
    This is correct. however that right does not have to be exercised in the UK.


    Quote Originally Posted by Timbo View Post
    ... My advice, get a good OISC level 3 advisor at the outset ...
    Absolutely. This is a case where the children could well be entitled to settle in the UK. The sole responsibility is a significant part of the qualification and must be adequately demonstrated in the application.

    I agree with your advice to instruct a Level 3 OISC Advisor, these are based in the UK. The OP should avoid at all costs employing one of the many Thai Visa Agents.
    Tobias - โทเบียส

  16. #36
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    Would you think orchard of Siam would be ok to use. They are uk and Thailand based


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  17. #37
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    Quote Originally Posted by Tobias View Post
    This is not correct, ...This too is not correct. ... This is correct. however ...
    Ah well, a fail on my part then - apologies for less than half-baked advice Chris. I guess I'm still bitter and/or paranoid.

  18. #38
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    Quote Originally Posted by chris1174 View Post
    Would you think orchard of Siam would be ok to use. They are uk and Thailand based


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    I cannot recommend any advisor, but they are registered with the OISC . Ask them to confirm that they are authorised by the IOSC to carry out Level 3 work.

    Also, as the OISC only has jurisdiction in the UK, make all contracts and contact via their UK office.

    Quote Originally Posted by Timbo View Post
    Ah well, a fail on my part then - apologies for less than half-baked advice Chris. I guess I'm still bitter and/or paranoid.


    None of those, Timbo. Perhaps more a case of being frustrated with the system.
    Tobias - โทเบียส

  19. #39
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    Quote Originally Posted by Tobias View Post
    This is not correct, if the children qualify under the Immigration Rules they will be granted their LTE.
    Rarely do I pull you up on anything Tobias, especially a point of law. However, I'd be more comfortable with that reply if you had inserted the word 'eventually'. It is always possible and indeed we have witnessed it here, that some over zealous ECO refuses the application on spurious grounds. Such cases, taken to appeal will 'eventually' be granted LTE if they are found to qualify under the visa rules.

    Chris, don't let my comments worry you. I am simply pointing out that there have been occasions where ECO's have, at an appeal, been found to have wrongly interpreted the rules when considering an application. Most visa applications don't go to appeal .

  20. #40
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    Yes they are OISC level 3 and i have talked with them and will be visiting them soon to carry out an consultation they think there is a chance


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