Post
by mike60 » Tue Mar 22, 2011 11:42 am
My wife is Thai and we have been living in the UK since March 2007.It was our intention on arriving to ascertain whether my wife and stepdaughter who came with us could adapt to the British lifestyle (and weather), then apply for indefinite stay and then being able to show a stable family life apply in Thailand for custody of her young son who had been given over to the custody of his father following my wife's divorce in 2004 (at that time he was 2 years old). As it happened because his father was imprisoned in the latter half of 2007 my wife was asked to take over the care of her son which she did by sending him to live with her mother until we were ready to bring him to England. Day to day care was delegated to her mother but all his needs were funded by ourselves via Western Union payments. On his release my wife's ex made no attempt to see his son or contribute to his upbringing.In July 2009 we applied for a settlement visa but were refused as were subsequent appeals to the lower and upper immigration tribunals. The grounds for refusal are basically on the new sole responsibility regulations.They have also turned it down after considering human rights issues. They consider that because we regularly send money for his continuing welfare he is in no worse a situation there in Thailand than any other children of his age. We intend to go to the Thai courts to get legal custody but are unsure whether this alone would change the UKBA's decision on sole responsibility.What else would we need to do?All help gratefully accepted.
