Any Immigration Lawyers around here?

Discussion in 'Finance, Property, Law' started by Sympathetic_Reaction, Jun 15, 2013.

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  1. Sympathetic_Reaction

    Sympathetic_Reaction LE Book Reviewer

    I've got a question that I would like to run past someone who knows a bit about immigration from a non-EU country into the UK.

    Anyone got experience in this area?

    Thanks

    S_R
     
  2. Have you ever thought about asking a lawyer?
     
  3. Importing a Thai bride?
     
  4. My wife is Russian, and has been through the whole UK settlement and naturalisation process.

    What sort of information are you after?
     
  5. Sympathetic_Reaction

    Sympathetic_Reaction LE Book Reviewer

    A friend of the family went to China to work, married a local bloke and has lived there for 4 years. She recently got pregnant and came home to give birth, they are now having the complication of trying to get the father into the country.

    My understanding is that because she doesn't earn anything (having been abroad for 4 years and now with a 2 week old child not surprising) she can't sponsor him as she needs to be earning £18,000+ a year!! They initially went down the correct line of trying for the full visa and explaining the situation, but it seems no joy. So what are the chances of them getting a tourist/visitor visa for him now? or are the UKBA going to say no because they think he'll stay on after the visa runs out? Can he then change the visitor visa into a work visa if he finds a job while in country?

    Basically her only other option is to return to China with the baby, which is complicated as I'm not sure what the visa situation would be entering China!!!

    They have a lawyer and suchlike but I am just trying to understand the situation a bit more just to be 'sympathetic' and supportive. She's at home with her family but hasn't seen the father in 3 months and it is unlikely that he will see his kid for a while until they get this sorted.

    Thanks

    S_R
     
  6. That is a complex problem best given to an immigration lawyer.

    I have a feeling that it will not end well: to get as far as a "settlement visa" (allowing the dad to live in UK and work), you normally have to have a long visa trail proving a link to UK - i.e. single entry visitor visas, multi-entry visas, etc.

    Its the same old problem: millions of people have entered UK on weak or fraudulent immigrations grounds, so the gubmint has brought in rules that have the effect of creating considerable obstacles for genuine families - whilst not really hindering those who get in by faking family ties, wealth, qualification, etc.

    Sadly, its also the same old story of your friend having had her head in the sand over immigration matters. You cannot live or work in another country without realising that all countries have tough immigration rules, and that if you are planning a mixed nationality marriage, you MUST plan ahead for the consequences - and definitely before any kids appear.
     
  7. I married a non UK citizen 13 years ago and went through the return to the UK route to legally bring her here. The UK authorities were deliberately obstructive and difficult.
     
  8. Sympathetic_Reaction

    Sympathetic_Reaction LE Book Reviewer

    Understood....it's a complex one, I think the pregnancy wasn't exactly planned which is why it is all a bit of a rush.

    They are getting professional advice, it's just me wanting more info. I tried reading the government policies but struggled to understand them - and I'm a moderately intelligent person who deals with contracts daily, so how anyone is meant to work through the process is beyond me.

    Thanks

    S_R
     
  9. I married a Chinese and didn't have any problem getting Mrs R here. I think that the mistake was not getting married in China before coming to the UK to give birth. I'd get my MP to do some work.
     
  10. Sympathetic_Reaction

    Sympathetic_Reaction LE Book Reviewer

    They did marry in China, they have been married for 3 years while she worked out there.

    Think the rules changed last year so the mistake was not getting pregnant earlier!!

    S_R
     
  11. Did they get the marriage formally registered there? They should be able to get a copy of the certificate certainly, is the kid to be registered on the father's hukou?
     
  12. Sympathetic_Reaction

    Sympathetic_Reaction LE Book Reviewer

    I believe the marriage was recorded and formal. She got pregnant and lived for 7 months after in China so I assume there is some record over there but don't know all the details.

    Sent from my brick like phone using Tapatalk 2
     
  13. If you are legally married in China you each get a little book about the size of a passport stating that you married of your own free will. The book contains a photograph of the two of you together and at some stage in the 'ceremony' a thumb and forefinger print will be recorded. Visit a lawyer who translates the book and does a statement certifying its accuracy and off to the Embassy you go - with quite a bit of money. Chinese national is interviewed and visa issued. It's not difficult but it involves a procedure which has to be followed and only certain offices can perform a marriage with a foreigner. There is only one office in Beijing that can do them for instance, so if you're out in the rural ...????