Orchid of Siam UK Visas For Thais
UK Visa For Thai Nationals Specialists & Immigration Appeals Help & Advocacy, Bangkok & Epsom Offices.
 
 

In ML v ECO Bangkok the visa for a child to join his mother in the UK was refused on the basis that the mother had been living in the UK for 5 years and therefore could not satisfy the sole responsibility requirement. We appealed and the case was heard at Hatton Cross. The Judge accepted our adduced evidence and interpretation of the Law and the appeal was allowed at the hearing.
Today our Tony Kierans was the sole counsel in the case of PC v ECO Bangkok at the Immigration Appeals Court. This was a child visa case that had been refused by both the ECO and ECM at the Embassy on the grounds of sole responsibility not being proven and accommodation not being available. The Home Office employed a barrister to represent them and the case was hard fought with the Judge issuing an immediate determination in favour of the appellant, our client. This case has attracted much interest among the Thai community in the West Country and Dorset in particular. Costs were ordered against the Home Office.
Beware that the reception staff at the visa application centre in Bangkok are sending all visitors to an unqualified visa agency instead of directly to the VFS offices as they walk in.

There are plenty of visa touts around and even one offering free Tuk Tuk rides to their offices in the VFS building. Genuine visa operators are regulated by the OISC and are forbidden to tout for business.

Do NOT believe anyone who says they represent us. Our offices are in the building opposite and you are welcome to walk in and see us for help and advice but you will not find us on the pavement touting.
ON 31st March 2014 the UK Visa aplication centre (VFS) will be moving into new offices in Sukhumvit Soi 13 opposite our offices.

This will be very convenient for our clients and people seeking advice on applying for UK Visas as VFS are NOT alowed to give immigration advice OR offer immigration services and have to refer people to us.

As the only OISC level 3 firm in Thailand we look forward to assisting VFS clients in making visa applications.
Please note that we are moving our Epsom office to our new address in March 2014. The new address is as shown on the Contacting Us page of this website. Our landline will be unavailable for a period and unmanned. Please use the mobile number shown to contact us during this period. Our new landline number will be added to our website as soon as it is operational.
Today we celebrate the 25th anniversary of our establishment!!
As from 3rd January 2014 legal adoptions registered in Thailand will be added to the list of recognised country adoptions accepted by the UK. This does not apply to adoptions made under the Hague convention or to adoptions registered before 3rd January 2014.
We are delighted to have been appointed as immigration consultants to a large importer and wholesaler/retailer of Asian foodstuffs based in Surrey with branches in the UK and Europe who employ staff from several Asian countries.
The Home Office has announced that as from 25 June 2013 the right to appeal against the refusal of this type of visa will be withdrawn.

Applicants will have to re-apply, pay the fee again and address all reasons for the previous refusal.
We are pleased to annouce that our role has been extended indefinitely as immigration advisers to the students studying at the Canterbury, Farnham, Epsom, Maidstone and Rochester campuses of the University.
21/2/2013 In the case of NW v ECO Bangkok the Embassy refused the visa. This case has attracted much attention. We represented the child and the Judge agreed that the Embassy had acted incorrectly and ordered that the visa be issued. Costs were awarded against UKBA.
In the case of NC v ECO which has been very closely followed   by an Arabic language newspaper we represented the appellant and her two children. The entry clearance for all three was granted on appeal. Reporting restrictions apply. We were the sole legal representatives.
On 16/6/2011 we were the sole representatives in CS v ECO at Hatton Cross AIT a case refused on the basis that the appellant had overstayed in the UK by three years and the sponsor was in receipt of public funds and could not support his wife. The Judge accepted our arguments and allowed the appeal under paragraph 281 of the Immigration Rules.
On 10/6/2011 we solely represented an eight year old child in TP v ECO at Sutton AIT. The case revolved around whether a mother who had lived apart from the child for five years had retained sole custody.  The Counsel for the Home Office argued against allowing the Appeal. However the Judge accepted our submissions that sole responsibility had been maintained and allowed the Appeal.
In the Appeals Tribunal at Hatton Cross today we represented BW v ECO regarding a third refusal under Rule 281 (iii) intention to live together.

We are very pleased that the Judge accepted our pleadings and has allowed the Appeal.

This was their first appeal having used another agency to try for their three visas unsuccessfully before engaging us to lodge an Appeal.
In the case of CE V ECO Bangkok we challenged the refusal of her visa  under Rule 320 paragraph 18.

She had been in the UK previously unlawfully and had also received a two year prison sentence whilst in the UK.

Our Tony Kierans acted as lead Counsel and the Appeal was granted with the Immigration Judge agreeing that paragraph 18 was indeed a case of double jeopardy and therefore accepting our contention that this Rule was unlawful.

 
 
 

 

GENERAL

The information supplied is for guidance only and is subject to sudden and frequent change without notice as the Home Office UK Visas & Immigration branch updates its policies and procedures.  Our clients will be dealt with under the prevailing rules at the time of application.

Permanent UK Residency is officially called Indefinite Leave To Remain (ILR).

The requirements vary depending on when the initial visa application was made, not when it was granted.

FOR INITIAL VISAS APPLIED FOR PRIOR TO 8TH JULY  ONLY.

For a married partner or civil partner they must have been living together in the UK for two years after the registration of the marriage or partnership in the UK but holidays abroad are allowed.

For a married partner who entered the UK as the already married spouse of a British citizen they must have lived in the UK for a full two years but can holiday abroad during this time. This is an important point as in the past very often people were given a visa valid for two years from the date of issue by the Embassy and they then delayed, say, six weeks before travelling to the UK.

This means that they could not complete a full two years residency in order to apply for ILR and had to apply for further leave to remain in order to bring them up to the full two years. This is expensive.

It is always best to plan the journey to the UK and request on the application form for the visa that a date is given as the Embassy can forward date a visa by up to three months. As from 22nd July 2008 visas were issued with a validity of 27 months to allow people time to plan their journey to the UK and still be able to complete a full 24 months residency without having to apply and pay for further leave to remain in order to complete the two years requirement.

Any children under 18 years of age on the date the application is submitted to the UKBA can be included in the application of a parent.

Proof that you have been living together for the last two years will be required and this includes official letters or documentation sent to your address in your joint or single names, utility bills, telephone bills etc. Normally at least six items from at least three different sources covering the two years will be required.

Additionally proof that the applicant can either support themselves or that their British partner can do so without recourse to public funds. It is acceptable if the British partner is claiming public funds in his right only.

In order to apply for ILR the applicant will need to have either passed ‘The Life in the UK’ test or have attended an approved course of English for speakers of other languages (ESOL) with the required Citizenship content. If your English ability has been assessed as Entry Level 3 or higher you must pass the test, only people whose English is below this standard can apply based on having completed a course.  The tests are organised by Learn Direct who can also supply details of educational institutes running courses in your area. They can be contacted on 0800100900.

If the applicant has not passed the test or attended a course and received a letter from the school they cannot apply for ILR and must apply for further leave to remain in order to stay in the UK. This leave is at the discretion of the Home Office.

Once granted permanent residence it can be revoked if you spend over two years outside the UK or if you regularly stay in the UK for only a short period. It is therefore best to apply to become a British Citizen one year after ILR has been granted.

On receiving the ILR vignette in the passport people are often surprised to see an 'Expiry Date' on it. This is not the date of expiry of the ILR but the date of expiry of the passport. ILR can be transferred to a new passport. The current machinery in use by the Home Office does not permit a vignette to be produced without an expiry date and you should not be concerned about this anomaly. Your ILR does not expire.

The Home Office are in the process of replacing a vignette in the passport with an ID card stating the immigration status of the holder along with a photograph and biometrics held in a chip. If you hold an ID card you MUST carry it with you if you travel abroad together with your passport as it is the only evidence of your right to re-enter the UK.

ILR can also be applied for after 10 years lawful stay in the UK.

The UKBA can take up to 14 weeks to process a regular postal application, far longer if applying under the 10  year rule, and if the applicant needs to request their passport back the application will be treated as withdrawn and no refund of the fee will be made. This can sometimes mean that the applicant’s current leave to remain expires and they will have to make an entirely fresh UK visa application. Leave to remain beyond the date shown in the passport is automatically given whilst the Home Office processes the application for ILR.

It is important to note that an ILR application MUST be made NO earlier than 28 days before the 2 years leave expires. Otherwise the application will fail and the fees are not refunded. Similarly an application received after the two years has expired may fail with the loss of the fee and an entirely new visa application will need to be made overseas, normally in the home country of the applicant. The applicant is then illegally in the UK and may be deported. There is some discretion for the Home Office to accept out of time applications so you should contact us for advice if you are in this position. 




FOR INITIAL VISAS APPLIED FOR ON OR AFTER 9th JULY 2012. 

The applicant must have been granted a total of five years stay in the UK as the spouse or partner of a British Citizen. As from October 2013 they must have passed the Life in the UK Test and English speaking & listening to at least B1 standard. One year's worth of the financial requirement must also be met. If a person does not meet the test requirements they can continue to apply for further leave to remain until they have lawfully lived in the UK for 10 years when an application for ILR can be made under the prevailing long residency rules.

Please note:

The Borders, Citizenship and Immigration Act (Chapter 11) received Royal Assent on 21st July 2009. In addition to making changes to Customs and Passport control arrangements changes to the path to British Citizenship have been introduced which  became effective in July 2011 two years after the Act was passed. It is intended that indefinite leave to remain in the UK will be replaced by a probationary citizenship category of leave to remain.

Briefly these changes are that:

The applicant must have been in the UK at the start of the qualifying period.

The applicant must not have been absent from the UK for more than 90 days in each year of the qualifying period.

The applicant must have had qualifying immigration status for the whole of the qualifying period without a break.

On the date of application the applicant must have either probationary citizenship leave, permanent residency, a qualifying common travel area entitlement, a Commonwealth right of abode or a permanent EEA entitlement to remain in the UK.

An applicant who on the date of application has probationary citizenship status granted for the purposes of employment within the UK and has been in continuous employment since the granting of this leave.

An applicant must not at any time in the qualifying period have been in the UK in breach of the immigration laws.

For people with a relevant family association to a British national (for example the wife of a British national) the qualifying period before Citizenship can be applied for is raised from three to five years.

For people with no relevant family association the qualifying period is eight years.

All applicants will be required to be of good character.

All applicants must have sufficient knowledge of English, Welsh or Scottish Gaelic.

All applicants must have sufficient knowledge of life in the UK.

All applicants must intend to make the UK their homeland.

The Secretary of State will have some powers of discretion  in deciding Citizenship applications.

Please contact us for help.

For current fees payable please see our Fees Scale page.

 
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