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URGENT advice needed for making 6mo UK Tourist Visas,please!

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Indolover
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URGENT advice needed for making 6mo UK Tourist Visas,please!

Post by Indolover » Mon Aug 25, 2014 11:41 pm

Looks like I'm, unfortunately, going to have to start another thread as nobody noticed the continuation of my 1st thread....
My first thread is loadcated here: http://www.immigrationboards.com/immigr ... ml#p599447

Hi all,
It has been over two years since I posted on this forum, and a further over two years since I've met my Indonesian fiancee or our son, who is now approaching his fourth birthday. Although almost seven thousand miles apart, we are still together and in regular contact by telephone three or four times a week.
I have undergone several operations and bone grafts on my leg and am now on the mend, although considered disabled.
My financial situation is now considerabley better and have around £10K in my account, and receive around £1K/month in benefits.
My finacee is now badgering me more than ever to come and visit for six months on either a tourist/family visit visa for a trial visit to me here in East Anglia, England, to see if living together will actually work out. I would have had more money in the bank, but I have been supporting them for the past three years, thanks to Western Union, bless them. Embarrassingly, my now 82 year old Mother is still supporting me, so that I am to support my 'family' in Indonesia. I give my Mother the money to send my fiancee and son, as | don't want to break the law sending them money myself.
If anyone recalls, when I first started posting on this forum, I was seeking a divorce from my now ex-wife. The divorce is now final and I have all the documents (in Indonesian) to verify that. I know I have to have those legally translated into English and make an appointment with the authorities here to make a document to say I am free to marry, but there is no immediate rush for this, as we have no plans to marry on their trial visit this time, assuming my visa applications are successful.
My son still only has an Indonesian passport and birth cerificate without my name on it, as it's been very difficult for my fiancee to visit the Brith Consulate in Jakarta to try to make a UK passport for our son. I just know what to suggest to her about that, as we are still unmarried.....so, I don't know if it is legally possible for her to make an UK Passport for our son yet (does anyone know if it 'is' legally doable?)
Apart from my still-healing leg and my cronic back-pain, I suffer from depression and anxiety from being apart from my family for so long, but I'm not sure how long my level of benefits will last, as it's in the process of changing from 'Disablilty Living Allowance' to 'Personal Independence Payment'; so, I'm eager to make visas and transport them both over here whilst I am still solvent enough to look after them. The number of medications I'm on is quite a list, but them being here, even for just a maximum of six months would certainly help my healing process, both mentally and physically.
Question: Is it true I need a photograph of us both togther in order to apply for a tourist/family visit visa? I ask, because I don't have one - only aphotograph with me with my son when he was a baby. I'm thinking of visiting a Commisioner of Oaths to make a sworn affadavit, saying we are in a relationship, if this would help towards their visa applications.
Who is it exactly who has to apply for their visas, them or me?
Alright, enought preliminary questions from me now after such a long absence. We will all be extremely appreciative is you can offer us some help and guidance, and please feel free to ask me about anything I might have missed out here.
One last question, Is it possible to attempt to make a 'Family Visit Visa' as opposed to tourist visas, considering me are not yet married? :oops:

Warmest regards, desparately, A.G.
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Indolover
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Re: URGENT advice needed for making 6mo UK Tourist Visas,ple

Post by Indolover » Thu Aug 28, 2014 3:29 pm

Not being funny or anything, but we'd really appreciate some advice or a solution ASAP please, as our young son, being white, is suffering some kinds of facial abuse in his school now, so we want to get him out of there and to here as soon as we possibly can. Cheers!

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Re: URGENT advice needed for making 6mo UK Tourist Visas,ple

Post by MPH80 » Thu Aug 28, 2014 5:30 pm

As a general rule - you'll get help faster where the questions are clearly defined.

I've counted 3 or more embedded in a long post.

1) Can you register the child as british? Providing that a) You aren't british by descent (e.g. you were born in the UK or were naturalised) and b) you are named on the birth certificate - then your son is already british. They can apply for a passport.

2) Do you need photographs together for a visit visa? No - not exclusively - but they help establish the relationship. Send what you have and send communication logs - e.g. skype/phone logs

3) Which type of visa? The actual visa type now is a bit moot. There used to be an appeal rights difference between the two visas - they don't exist any more. I think, technically, she'd apply for a general visitor visa as you haven't been living together for 2 years.

4) Who applies for the visa? She will apply for her visa - he doesn't need one once he has a british passport.

The bigger problem with the situation and applying for a tourist visa (whether family visit or otherwise) is that her circumstances are questionable from a 'will she leave the UK' point of view.

She'll be coming to visit her long term partner (who, as far as the official documentation is concerned, has his mother funding her life), bringing her british citizen child to be with him, for 6 months (which means she's giving up any job she does have in Indonesia - and there's not much keeping her there). They will probably be in great fear in the ECO's mind that she'll over stay. Regardless of your intentions - you have to show that she has significant reasons for her to be returning to Indonesia in the timeframe you're talking about.

Otherwise the visit visa will simply be refused and you're back to square one.

If she had a job she had to return to and/or the visit was shorter - I'd say the chances are better.

Because you're on DLA/PIP, to apply for a fiancee visa or spouse visa - then you only need to show adequate maintenance (which from the benefits you're getting you probably qualify for - but see the sticky in the family immigration forum) - but it would be an £800 application fee and would (for a fiancee visa) need to show an intention to marry within 6 months. She'd also need proof of english language ability.

Please keep in mind as well that a relocation for 6 months only for your son is a big upheaval (regardless of school issues) and that if you then decide to keep him here for schooling purposes (a choice that might have to be made this january if he's 5 between September 1st 2015 and August 31st 2016)- he would be separated from his mother (potentially for several months) while she returns to Indonesia to apply for the fiancee or spouse visa. She cannot convert in the UK from a tourist visa to a spouse visa without being put on the 10 year route to settlement and a lot of pain and trouble of getting the visa.

M.

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Re: URGENT advice needed for making 6mo UK Tourist Visas,ple

Post by Indolover » Fri Aug 29, 2014 2:05 am

Thanks for your reply. God, do I wish I could edit the spelling typo's in my first post......oh well.

Firstly, I should apologise for not making my questions more clearly fined, but I did say in my post that it was a bit jumbled, as in my current state of mind about all this, I'm rather dazed n confused, and finding it quite hard to get my head around all this.
I'll try to make this more simple....

1) I truly 'want' to register our son as British, as a.)I 'am' 100% English, born and bred (I'm a little puzzled by you saying 'aren't British by descent', as I 'was' born in the UK), but I see a little trouble with b.), as seeing as my fiancee and I are not yet wed, I don't see how I am able to be named on our son's birth certificate (I'm not, and as far as I know, on the Birth Certificate, as is normal in Indonesia, if unmarried, the Father is blank or unknown, even though he does take my surname on his Birth Certificate. Do you know of any way I can be named on his birth certificate without our being married yet? I'm not sure that there is, so please correct me if I'm wrong. I believe that altering or making a new Birth Certificate in Indonesia is quite a complex affair, and has to be done through the courts. As regards making a UK passport for our son, I'd read that that has to be done via Hong Kong and takes around 13 weeks (again, correct me if I'm wrong on that), whilst they and I would like to get them over here long before that, ASAP, even if it does mean I have to make a tourist visa for our son. If I'm not wrong, tourist visas cost £300, whereas a spousal visa is £1001, yes? Perhaps it's possible to make him a new Birth Certificate once they're here, I don't know. Surely, if we did a DNA test, that would be proof that the boy is mine....so making a new Birth Certificate here 'may' be possible?

2) I used to have photographs of us together, but they were taken, along with the handphone they were on, by my now ex-wife in Indonesia. The only photograph I have of us together is one of me holding our son when he was a baby; but that was taken by my fiancee, so she's not in it. She doesn't have internet, so we have no Skype or YM logs, although I have 3+ years of SMS's between us, as well as over 40 Western Union receipts. I had been led to believe, photos of us together were more important when applying for a Spousal Visa than a Tourist Visa; so, if they come over here on Tourist Visas, we'll have plenty of opportunities to make lots of photos of us together thenm for the purpose in aiding us making a Spousal Visa when that time comes. Like I said, this trip/holiday for them is moreso a 'trial', to see how we all get on living together....before we make the great leap of marrying and them coming here to live on a (hopefully) permanent basis. My fiancee's spoken and written English is generally very good, although her spelling and grammar isn't always 100% perfect. Our 4 year-old son can speak basic English, some Indonesian (two dialects) and, being Muslim, some Arabic too - respect! He's certainly very bright for his age....not sure where he gets that from.
Like I may have previously said, I'm planning to visit a 'Commisioner of Oaths' to make a legal afferdavit that my fiancee and I are in a long-standing loving relationship, if that will help with the Visa application?

3) Just so I'm clear, when you say a 'general visitor visa', do you mean 'tourist visa' or 'family-visit visa'?

Unfortunately, I don't think at this time and on this visit that our son would be able to stay on here, as I'm staying with my 82 yr old Mother, and neither of us are in a position to look after my son without my fiancee's help for schooling, etc; so, he'll have to go back to Indonesia with my fiancee when their visas are up (unless they are able to visit a nearby European country to make new visas(?)), six months or before that - might that be doable?

My most major concern is, my fiancee hasn't done a single 'official' day's work in her life, and until she met me, back in 2009, has been entirely financially 'kept' by her parents.....so, she doesn't have a job or any big reason to go back to Indonesia. Apart from buying them 'return' ar tickets, at this time, I can't think of what kind of proof they or I can give to the ECO that they will return before or when their visas expire. Any suggestions you can give me would be greatly appreciated. Our son will be 5 on 8th September 2015, please advise me on that, if you'd be so kind?

Ok, well, it's almost 3am here now, I'm extremely tired, stressed out and can't think of anything else to write at this time, but I hope I've provided sufficient answers to your reply to be going along with for now, and your or anyone else's replies to this will always be much appreciated. I hope I didn't miss anything out. Please correct me if I'm wrong on anything.

As always, warmest regards,

AG

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Re: URGENT advice needed for making 6mo UK Tourist Visas,ple

Post by ban.s » Fri Aug 29, 2014 9:14 am


Indolover
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Re: URGENT advice needed for making 6mo UK Tourist Visas,ple

Post by Indolover » Fri Aug 29, 2014 2:23 pm

Thanks for the link, very helpful.

I'd forgotten actually, regarding having my name on our son's Indonsian Birth Certificate, it's impossible without us having a 'Buku Nikah' (marriage book), legally stating that we're married, to have my name on our son's 'Surat Lahir' (Birth Certificate), and seeing as I'm banned from entering Indonesia, there's absolutely no way we can marry there or even begin thinking about adding my name to our son's Birth Certificate.My fiancee had already tried having my name added quite some time ago, but it had slipped my mind.

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