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UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My Thai wife has ILR, her daughter is in England on a family

Resolved Question:

My Thai wife has ILR, her daughter is in England on a family visit visa. We want her to remain in England. Can we apply for her to stay in the country and be added to my wifes ILR or should I apply to adopt her. Her visit visa expires in February.
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
How old is your step daughter?
Is there anything preventing her from returning to Thailand and applying for a settlement visa from there?
Kind regards
Customer: replied 2 years ago.

She is 15 years old and just finished school in Thailand. She has been offered a place at Blyth Academy for full time education in England. It would take a visa shop in Thailand about 11months to make a settlement visa for her and is really difficult to obtain now from Thailand. Plus she could not do it alone as she would have to travel to Bangkok a couple of times to make the application and her mother can not go as she has to look after our 8 year son in England and he can not have time off school. My wife is applying for British citizenship early next year and I could also apply to adopt her. Either way, we could then apply for a British passport for her, I think. We want her to stay in England were we can help her study and hopefully get a good job when she finishes school. We do not want her to go astray and end up in the sex industry in Thailand.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
The issue, is that the home office do not like applicants to submit an application from the UK especially if they are in the UK on a visit visa. They would prefer the applicant to return to their home country and applying from there for the correct visa and then enter the UK.
If you believe that this is NOT an option and the only way you wish to proceed is with an application from inside the UK then you can try and submit an application from the UK to extend her current visa giving the reasons why you believe that she is unable to submit an application from Thailand, the reasons you state will then be considered by the home office and if they wish to exercise discretion because they believe that compelling and compassionate circumstances exist then on that rare occasion the home office may grant her a visa in the UK.
The form she will need to apply using would be FLR O:
During this time, I would also recommend that you try and secure the adoption of the child and once the adoption process is completed, the child will be automatically British.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer and 2 other Law Specialists are ready to help you
Expert:  UK_Lawyer replied 2 years ago.
I have now answered your questions, so please provide a rating so i can get credited for my time.
Kind regards