Thai mother with a british child (hold british pssport)

[momer79]

Hi,

I am enquiring on the behalf of my family friend who is a single mother with one 2 yrs boy who holds british passport.

She was married with British person in Thailand and she came in uk on 6 month fiance visa ( thats what i was told) and they spouse to get married in uk but before they got married in UK they broke up (its very long story and i won't go in details here).

Two yr old boy holds british passport as her mother gave birth in uk and his father was british national.

What are the possibilties for a mother to come in uk with her child? She wants to give her child a better life which he can't have in thiland.

Thanks
Burne-Jone

[malli]

suggestion here why dont you apply for a visitor visa

[Wanderer]

suggestion here why dont you apply for a visitor visa

Why?

To the OP, no chance of residency unless she gives up the child to the father and applies for an access to child visa, which she cant work on I understand.

[Rozen]

Or marry another Brit?

[Obie]

The other option is going to another EU member state and applying for residency under the Chen ruling and returning to the UK after having spent sometime there. See topic 14.

[immigrationuk2009]

suggestion here why dont you apply for a visitor visa

Why?

To the OP, no chance of residency unless she gives up the child to the father and applies for an access to child visa, which she cant work on I understand.

Wrong.

On access to child visa you can work full time and after one year you can file for ILR.

[keshgrover]

suggestion here why dont you apply for a visitor visa

Why?

To the OP, no chance of residency unless she gives up the child to the father and applies for an access to child visa, which she cant work on I understand.

Wrong.

On access to child visa you can work full time and after one year you can file for ILR.

What Practice of code of HO is behind your suggestion? Please clearify. And provide the link if possible.

[Mr Rusty]

suggestion here why dont you apply for a visitor visa

Why?

To the OP, no chance of residency unless she gives up the child to the father and applies for an access to child visa, which she cant work on I understand.

Wrong.

On access to child visa you can work full time and after one year you can file for ILR.

What Practice of code of HO is behind your suggestion? Please clearify. And provide the link if possible.

The reference is to Paras 246-248 of the Immigration Rules. In effect the mother would have to surrender custody to someone resident in the UK, then get a court order or agreement for contact with the child, and have some means of supporting herself without working or public funds for 12 months, which would enable her to apply for an entry visa and subsequently for ILR.
Seems rather a tall order to me.

[immigrationuk2009]

suggestion here why dont you apply for a visitor visa

Why?

To the OP, no chance of residency unless she gives up the child to the father and applies for an access to child visa, which she cant work on I understand.

Wrong.

On access to child visa you can work full time and after one year you can file for ILR.

What Practice of code of HO is behind your suggestion? Please clearify. And provide the link if possible.

CODE 1

Lol I got this visa and worked full time and if you read immigration rules you would find you can work full time on this visa.

After 1 year you can apply for ILR.

UK_Banned_Member

[immigrationuk2009]

Why?

To the OP, no chance of residency unless she gives up the child to the father and applies for an access to child visa, which she cant work on I understand.

Wrong.

On access to child visa you can work full time and after one year you can file for ILR.

What Practice of code of HO is behind your suggestion? Please clearify. And provide the link if possible.

CODE 1

Lol I got this visa and worked full time and if you read immigration rules you would find you can work full time on this visa.

After 1 year you can apply for ILR.

UK_Banned_Member

HI

Read this legal firm web site which clearly confirms work rights

http://londonelegance.com/transpondia/singleparent/


UK_Banned_Member

[Obie]

I don't think VAF2 form stated on this link is the right form to fill Immigration2009. It is for Employment or UK ancestry, and access to a UK child doesn't fit that criteria.

The form to fill is a normal Family Visitors visa with the additional required information, and he/ she will receive a 12 month visa.

Yes you are right, the person is allowed to work over that period.

[djb123]

I don't think VAF2 form stated on this link is the right form to fill Immigration2009. It is for Employment or UK ancestry, and access to a UK child doesn't fit that criteria.

The form to fill is a normal Family Visitors visa with the additional required information, and he/ she will receive a 12 month visa.

Yes you are right, the person is allowed to work over that period.

I presume the issue is if you are outside the UK you will need to show you have enough money to support yourself without working - unless I guess you can get a firm job offer before applying for the visa.

[Obie]

There is no requirement to prove that you can support yourself without working, or to have a job lined up, as this is not stipulated in the law.

The requirements are as follows:

Requirements for leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

246. The requirements to be met by a person seeking leave to enter the United Kingdom to exercise access rights to a child resident in the United Kingdom are that:

(i) the applicant is the parent of a child who is resident in the United Kingdom; and

(ii) the parent or carer with whom the child permanently resides is resident in the United Kingdom; and

(iii) the applicant produces evidence that he has access rights to the child in the form of:

(a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or

(b) a certificate issued by a district judge confirming the applicant's intention to maintain contact with the child; and

(iv) the applicant intends to take an active role in the child's upbringing; and

(v) the child is under the age of 18; and

(vi) there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and

(vii) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and

(viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

[djb123]

There is no requirement to prove that you can support yourself without working, or to have a job lined up, as this is not stipulated in the law.

The requirements are as follows:

(vii) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and

There is a requirement that you can support yourself without public funds. I am sure the ECO won't grant the visa on the basis that you will be able to support yourself if you get a job.

[Mr Rusty]

There is no requirement to prove that you can support yourself without working, or to have a job lined up, as this is not stipulated in the law.

The requirements are as follows:

(vii) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and

There is a requirement that you can support yourself without public funds. I am sure the ECO won't grant the visa on the basis that you will be able to support yourself if you get a job.

Yes, quite so. I was mistaken when I previously posted that she had to be able to support herself without working, but the fact remains that she will need a lot of support and assistance from the UK end before she even applies for a visa. The principal hurdles are finding a carer for the child, if the father does not wish to accommodate him, and then establishing the access rights. And although the boy will be entitled to child maintenance, it can't be paid to her because she will not be the carer. Then, as pointed out above, she'll have to show how she's going to accommodate herself, what that will cost, and then what sort of job she's got lined up or likely to be qualified for, and what that will pay. I would not be happy to issue a visa on the basis that she's going to turn up in the UK on a wing and a prayer just because she's sent her son over there.

[immigrationuk2009]

I don't think VAF2 form stated on this link is the right form to fill Immigration2009. It is for Employment or UK ancestry, and access to a UK child doesn't fit that criteria.

The form to fill is a normal Family Visitors visa with the additional required information, and he/ she will receive a 12 month visa.

Yes you are right, the person is allowed to work over that period.

Hi

Visa form for access to child visa is

VAF1A

Sincere

[momer79]

Hi,

Thanks to everyone for your help and advice

I have further questions on this issue:

------------------------------------------------
Can she return here in uk with intention to put his child in private foster care? (Becuase someone is interested in taking care of a child and that person is British National.)

Also is there any way she can simply travel here with the stated intention of placing her child in private foster care in uk where boy can have health (as he has had medical problems with his heart) and education needs met?

He is entitled to schooling here at five anyway, it is simply happening earlier because she cannot support him in Thailand.

What documents are required to put child on forster care?

Thanks

[Wanderer]

Hi,

Thanks to everyone for your help and advice

I have further questions on this issue:

------------------------------------------------
Can she return here in uk with intention to put his child in private foster care? (Becuase someone is interested in taking care of a child and that person is British National.)

Also is there any way she can simply travel here with the stated intention of placing her child in private foster care in uk where boy can have health (as he has had medical problems with his heart) and education needs met?

He is entitled to schooling here at five anyway, it is simply happening earlier because she cannot support him in Thailand.

What documents are required to put child on forster care?

Thanks

Pardon me if I'm making huge assumptions here but let me get this right? She wants to enter UK and work based on access to a child, dump the child with foster parents and she carries on working and living in UK?

Sorry but on the face of it I'd wonder if she's using the child purely to gain entry to the UK for herself.

[Mr Rusty]

Hi,

Thanks to everyone for your help and advice

I have further questions on this issue:

------------------------------------------------
Can she return here in uk with intention to put his child in private foster care? (Becuase someone is interested in taking care of a child and that person is British National.)

Also is there any way she can simply travel here with the stated intention of placing her child in private foster care in uk where boy can have health (as he has had medical problems with his heart) and education needs met?

He is entitled to schooling here at five anyway, it is simply happening earlier because she cannot support him in Thailand.

What documents are required to put child on forster care?

Thanks

Pardon me if I'm making huge assumptions here but let me get this right? She wants to enter UK and work based on access to a child, dump the child with foster parents and she carries on working and living in UK?

Sorry but on the face of it I'd wonder if she's using the child purely to gain entry to the UK for herself.

Well, she has to "dump the child" with somebody, because only if he is being cared for by someone else can she start the process of gaining access rights to then be able to apply for the visa.

But fostering is a subject way beyond the competence or experience of most contributors to an immigration forum, and the OP needs to pursue enquiries with Social Services to see how that would work.

[Obie]

Please see This Leaflet on Private Fostering. You will need to ensure that proper mechanisms are in place and the council are aware of the child's presence.

I am unsure on whether you will meet all the conditions stipulated in rule 246 to obtain a Access to a UK child visa. The ECO could argue that you are able to look after the child in Thailand, and that no Parental access rights will be violated if the child is brought to Thailand. Remember that even though you will essentially have parental rights, they can agrue that you are not contributing to the child's upbringing and hence don't qualify for the visa.

You could also be refused on the grounds that you haven't got enough fund to support yourself in the UK. There is a risk you could loose your child and unable to contact him/her again.

Rule 246 works best when one of the parents, especially the mother of the child is legally resident or has a settled status in the UK and that the child is in the care of that parent.

Also see the background note on how this law came into existence. The beneficiary had no choice as the ex partner had full control of the child. In this case, you are relinquishing your right, albeit partially, to care for your child.

It will be interesting to see how it works.

Would the foster parents be qualified to provide an affidavit that you are visiting a child in the UK, when you are still the one with full parental rights and responsibility.

[momer79]

Hi Obie, Thanks alots for your information.

I have forwarded this information to relavent person.

Thanks