Bringing Thai Partner Back To UK With Our Child

[scotsdude]

I was wondering what visa is required to bring my Thai (unmarried) partner back to the UK. We’re biological parents of a ten year old child of which holds both Thai and British passports. And can I apply for the visa here in the UK? The reason being I’m not going to get back soon to Thailand due to the current situation. Just thought it would be easier to bring my family back to the UK. Thanks for any help advance.

[GinBoy2]

I would agree with @wobblyjohn professional advice would be best for this one. 

 

Unmarried partner, kid with a UK passport, few too many variables for the keyboard warriors here on TVF to be able to give you accurate advice.

 

 

[torturedsole]

1 hour ago, scotsdude said:

I was wondering what visa is required to bring my Thai (unmarried) partner back to the UK. We’re biological parents of a ten year old child of which holds both Thai and British passports. And can I apply for the visa here in the UK? 

Let's break it down.  You and your child are free to enter the UK and your girlfriend requires a visa.  

 

You don't specify what the ultimate intention is.  Holiday, semi-permanent or permanent which, again, relates solely to your girlfriend.  

[torturedsole]

2 hours ago, scotsdude said:

And can I apply for the visa here in the UK?

Yes and no.  Online application but your girlfriend still has to attend Trendy in Bangkok anyway.

 

[puchooay]

bsolutely no reason to employ an agent.

 

Go to the Gov.uk website. All self explanatory and the application process is very simple.

 

 

[torturedsole]

15 minutes ago, puchooay said:

Totally disagree. Absolutely no reason to employ an agent.

Generally speaking, yes to not employing an agent.  It takes longer as well as you're merely gathering up the requisite documentation and handing it to an agent and he stuffs it in an envelope for you at huge expense when you can stuff it in an envelope yourself, for nothing.  

 

A lot of personal and confidential information is also included in applications and I wouldn't trust any Thai agent with my identifiable details, regardless of their ratings.  

 

 

[Upnotover]

Obviously not clear if you want her/them to come for a holiday/visit or permanently but in either case provided you have somewhere for them to live (actually the kid doesn't really count as it's already British), and can demonstrate adequate finances, especially if intending a permanent move, there really ought not be any major issues with a visa.  She applies for it, not you, but you can do all the online work if need be, not a problem.  She only has to dump the paperwork in Bangkok.  And whilst an agent is a waste of money it would be handy if you have anyone in Thailand who can help her put the papers together in a logical and clear fashion if she has any problems with that.

[torturedsole]

6 minutes ago, Upnotover said:

... it would be handy if you have anyone in Thailand who can help her put the papers together in a logical and clear fashion if she has any problems with that.

Good point as not easy for a Thai to compile a UK visa application.  

 

I married my wife in LOS and spent the following two weeks putting the UK settlement visa application together for which my wife submitted it at Regent House prior to my leaving LOS.  Three months later my wife joined me in the UK.  

[Upnotover]

11 minutes ago, torturedsole said:

Good point as not easy for a Thai to compile a UK visa application.  

 

I married my wife in LOS and spent the following two weeks putting the UK settlement visa application together for which my wife submitted it at Regent House prior to my leaving LOS.  Three months later my wife joined me in the UK.  

I did several for my wifes friends, probably 90% of what an "agent" might do, except I charged nothing.  They were all succesful applications.

[torturedsole]

10 minutes ago, Upnotover said:

probably 90% of what an "agent" might do

What's the other 10% that you can't do that an agent can do?  Not being argumentative.  

[Upnotover]

1 hour ago, torturedsole said:

What's the other 10% that you can't do that an agent can do?  Not being argumentative.  

555, probably nothing but didnt want to blow my own trumpet louder than necessary.????

[scotsdude]

4 hours ago, Upnotover said:

Obviously not clear if you want her/them to come for a holiday/visit or permanently but in either case provided you have somewhere for them to live (actually the kid doesn't really count as it's already British), and can demonstrate adequate finances, especially if intending a permanent move, there really ought not be any major issues with a visa.  She applies for it, not you, but you can do all the online work if need be, not a problem.  She only has to dump the paperwork in Bangkok.  And whilst an agent is a waste of money it would be handy if you have anyone in Thailand who can help her put the papers together in a logical and clear fashion if she has any problems with that.

Thanks for your reply... So I could apply for permanent stay in UK even though we're not married? Because she's mother of a British citizen? I was just thinking for 6 months or so as it would be difficult for us with families in Thailand to get back due to the current situation. I work offshore in the UK so travel back and forth every month to Thailand and have done so since my daughter was born 10 years ago. I only enter Thailand on a tourist visa exempt as I do 4 on 4 off and officially based in UK paying tax ni etc. Just clutching at straws here to see what my options are. I'm seriously thinking of relocating the family back to the UK anyway after this blows over. 

[scotsdude]

And thanks to everyone who's replied so far you've been very helpful. 

[GinBoy2]

12 minutes ago, scotsdude said:

Thanks for your reply... So I could apply for permanent stay in UK even though we're not married? Because she's mother of a British citizen? I was just thinking for 6 months or so as it would be difficult for us with families in Thailand to get back due to the current situation. I work offshore in the UK so travel back and forth every month to Thailand and have done so since my daughter was born 10 years ago. I only enter Thailand on a tourist visa exempt as I do 4 on 4 off and officially based in UK paying tax ni etc. Just clutching at straws here to see what my options are. I'm seriously thinking of relocating the family back to the UK anyway after this blows over. 

Well, one of my biggest regrets was not getting our son out of the Thai educational system soon enough. I was doubly idiotic since my son was born in Singapore and we only moved to Thailand when he was in middle school, and when he finally went to college in Chicago it was really tough, since a Thai HS, even a private one is just awful.

 

So take this time to decide what you want to do, not just for you and your wife, but primarily for your daughter 

[richard_smith237]

21 minutes ago, scotsdude said:

Thanks for your reply... So I could apply for permanent stay in UK even though we're not married? Because she's mother of a British citizen? I was just thinking for 6 months or so as it would be difficult for us with families in Thailand to get back due to the current situation. I work offshore in the UK so travel back and forth every month to Thailand and have done so since my daughter was born 10 years ago. I only enter Thailand on a tourist visa exempt as I do 4 on 4 off and officially based in UK paying tax ni etc. Just clutching at straws here to see what my options are. I'm seriously thinking of relocating the family back to the UK anyway after this blows over. 

I'm in exactly the same situation (working rotation in the UAE before operations stopped due to Covid-19). I haven't seen my Wife and Son since February. I'm no longer traveling in and out of Thailand frequently will be as easy as it once was, especially if there are further outbreaks etc.

Thus, my Wife and I have made the decision to move back to the UK.

 

My Wife already holds a tourist visa and can come over when my sons school year is complete.

If I'm not mistaken, once in the UK my Wife can apply for a Spouse Visa which will allow her more rights in the UK.

 

As your Wife is has a British Child you may be able to get her a Visa based on having a British dependent - A parent Visa.

You may also be able to apply as a 'Partner' - you don't necessarily have to be married - I think you can outline that you have been living together as common-law spouse.

 

https://www.gov.uk/uk-family-visa/partner-spouse

 

[GinBoy2]

1 hour ago, scotsdude said:

And thanks to everyone who's replied so far you've been very helpful. 

I'd also suggest reading Mobi's blog. I think his daughter was about the same age when he moved them back to England.

 

He seems to be pretty happy with the education she getting and assimilation into the culture.

 

He writes about a lot, skim though until you find the stuff about his daughter and school

 

https://mobithailand.com/

[Tony M]

With respect to all who have commented, I haven't seen so much incorrect guidance in one thread for ages.

 

There is a pinned thread for settlement applications, and it contains the correct info.   

 

If anyone does continue to name agents here (which may be against Forum policy), then I would suggest naming a qualified agent (registered with the OISC in the UK), not unqualified agents with a poor record of successful applications. 

[theoldgit]

2 hours ago, scotsdude said:

Thanks for your reply... So I could apply for permanent stay in UK even though we're not married? Because she's mother of a British citizen? I was just thinking for 6 months or so as it would be difficult for us with families in Thailand to get back due to the current situation. I work offshore in the UK so travel back and forth every month to Thailand and have done so since my daughter was born 10 years ago. I only enter Thailand on a tourist visa exempt as I do 4 on 4 off and officially based in UK paying tax ni etc. Just clutching at straws here to see what my options are. I'm seriously thinking of relocating the family back to the UK anyway after this blows over. 

 

No, in the circumstances you describe your girlfriend cannot apply for a settlement visa, whilst it's not a requirement to be married if you're not you need to provide evidence that you've been in a subsisting relationship for in excess of two year, that means that you are actually living together, so in the circumstances you describe she isn't eligible.

For most visa applications the use of an agent really isn't necessary, though some applicants find them comforting, especially if English isn't their first language or if they find the process overwhelming, the use of an agent doesn't guarantee success.
Agent can be expensive, and their are a lot of cowboys out there, if I was going to use an agent I would only use one who is registered with OISC, the Office of the Immigration Services Commissioner in the UK, whilst that's not a legal requirement in Thailand, where anyone can have a plush office and call themselves an agent, it is a requirement in the UK, by registering agents have to pass an exam to demonstrate they are fully competent to advise on UK Immigration requirements.

[theoldgit]

2 hours ago, richard_smith237 said:

My Wife already holds a tourist visa and can come over when my sons school year is complete.

If I'm not mistaken, once in the UK my Wife can apply for a Spouse Visa which will allow her more rights in the UK.

 

The option of applying for settlement from within the UK is as a result of Covid issues, and is due to expire in July after which applications must be made in the applicants home country.

[theoldgit]

2 hours ago, richard_smith237 said:

As your Wife is has a British Child you may be able to get her a Visa based on having a British dependent - A parent Visa.

 

This can be an option if the child is under 18 and permenantly resident in the UK.

[theoldgit]

26 minutes ago, Tony M said:

With respect to all who have commented, I haven't seen so much incorrect guidance in one thread for ages.

 

Thanks Tony M, I was in the process of deleting, and editing, a number of inaccurate posts, along with some in breach of Forum Rules.

 

If I've missed any please let me know.

[scotsdude]

7 hours ago, theoldgit said:

 

No, in the circumstances you describe your girlfriend cannot apply for a settlement visa, whilst it's not a requirement to be married if you're not you need to provide evidence that you've been in a subsisting relationship for in excess of two year, that means that you are actually living together, so in the circumstances you describe she isn't eligible.

For most visa applications the use of an agent really isn't necessary, though some applicants find them comforting, especially if English isn't their first language or if they find the process overwhelming, the use of an agent doesn't guarantee success.
Agent can be expensive, and their are a lot of cowboys out there, if I was going to use an agent I would only use one who is registered with OISC, the Office of the Immigration Services Commissioner in the UK, whilst that's not a legal requirement in Thailand, where anyone can have a plush office and call themselves an agent, it is a requirement in the UK, by registering agents have to pass an exam to demonstrate they are fully competent to advise on UK Immigration requirements.

We’ve been living together for 10 years now in Thailand. Thanks for your time to reply I’ll look into the gov.uk website link that was posted earlier and look at my options there fiancé visa or parent visa. I’d rather not show records of my length of time outside the UK for various reasons.

[Tony M]

14 hours ago, scotsdude said:

We’ve been living together for 10 years now in Thailand. Thanks for your time to reply I’ll look into the gov.uk website link that was posted earlier and look at my options there fiancé visa or parent visa. I’d rather not show records of my length of time outside the UK for various reasons.

I don't think she will qualify for a "parent" visa. That category is normally for a parent of a child who is living in the UK with the other parent but the relationship between parents has broken down. If the parents could qualify as partners, then the overseas parent does not qualify.  This an extract from the guidance:

 

For both entry clearance and leave to remain applications as a parent, if the child normally lives with their other British citizen or settled parent or carer, that person cannot be the partner of the applicant (which for leave to remain includes a person who has been in a relationship with the applicant for less than 2 years prior to the date of application) and the applicant must not be eligible to apply for entry clearance or leave to remain as a partner under Appendix FM.

The parent route is not for couples who are in a genuine and subsisting partner relationship. An applicant cannot meet the parent route if they are or will be eligible to apply under the partner route, including where for example the definition of partner cannot be met, or other eligibility criteria for access to a 5-year route are not met. Applicants in this position must apply or will only be considered (where they are not required to make a valid application), under the partner route, or under the private life route.

[scotsdude]

2 minutes ago, Tony M said:

I don't think she will qualify for a "parent" visa. That category is normally for a parent of a child who is living in the UK with the other parent but the relationship between parents has broken down. If the parents could qualify as partners, then the overseas parent does not qualify.  This an extract from the guidance:

 

For both entry clearance and leave to remain applications as a parent, if the child normally lives with their other British citizen or settled parent or carer, that person cannot be the partner of the applicant (which for leave to remain includes a person who has been in a relationship with the applicant for less than 2 years prior to the date of application) and the applicant must not be eligible to apply for entry clearance or leave to remain as a partner under Appendix FM.

The parent route is not for couples who are in a genuine and subsisting partner relationship. An applicant cannot meet the parent route if they are or will be eligible to apply under the partner route, including where for example the definition of partner cannot be met, or other eligibility criteria for access to a 5-year route are not met. Applicants in this position must apply or will only be considered (where they are not required to make a valid application), under the partner route, or under the private life route.

Your correct I just read the child has had to be living in the uk for 7 yrs... Fiancé route looks the more promising.... Thank you again.

[stouricks]

On 5/31/2020 at 1:53 AM, torturedsole said:

Good point as not easy for a Thai to compile a UK visa application.

Even I, an intelligent, educated Englishman, found it confusing to fill in the UK Visa application on behalf of my Thai GF. She would have no chance.

[Tony M]

3 minutes ago, scotsdude said:

Your correct I just read the child has had to be living in the uk for 7 yrs... Fiancé route looks the more promising.... Thank you again.

No, the living in UK for 7 years doesn't apply to applicants for an entry visa, only to applicants for further leave to remain. That said, she still won't qualify.

 

A Marriage Settlement (fiancee) visa seems to be what you are looking for, unless you can demonstrate that you qualify as unmarried partners, but that means that you must provide evidence that you have lived together for the two years prior to the date of application. That will be difficult, if not impossible, if you are living in different countries, and may well depend on how long you have been apart, along with the reasons why. But if you are still living together in Thailand, then look at unmarried partner visa, and not "fiancee". It will save you oodles of money.