Deanuk

Hi all,

just after a bit of advice concerning my wifes neice who is almost 4 years old... She has been abandoned by both her mother and father and left to live with my wifes mother who is almost 50 years old and is having to take the baby to work on the family farm and tuk tuk business. Im not green to this situation as ive seen alot of it whilst living in Thailand before, but i cant help feeling that this little girl deserves better (after all its not her fault)

Soooo my question, what are the complications for her to come over here...with both parents consent..and live with my wife and i?

Anybody have any previous experiance with this?

Thanks for any answers

Dean

Thanks so much for the replys lads..

So when my wifes visa is due to run out (july) we just apply in this country for an extension?

Dean

Hi all,

1st off this site has been a fantastic source of knowledge for me in the past when applying for my wife visa, just hoping you can help us out again.

Little background, Wife was eventually granted a 2 year visa after a tribunal in uk. Good news...Last year life was rosy, we had a baby on the way and were talking about my wife going to to the life in the uk test... after our son was born, somebody pressed the fast forward key... After spending most of late 2008 going back and forth to hospital and christmas and new year in a hospice our son is unfortunatly no longer with us.

So now were having to deal with sorting out my wifes visa... What is the best way to go? my wife has alot of land in her name back home..so really isnt keen on the british citizenship thing... she has never worked in uk... she lives on money from me... has her own bank/savings account etc.. Can we get an extension on her visa?

Any help would be greatly appreciated... we had a shit end to 2008 and a worse start to 2009. Hope we have some good fortune soon.

Best regards

Dean

Thanks for the replies guys...andybody have any contact info for anybody at the embassy?

Cheers

Dean

Hi all,

have a question to ask, my wife is in uk on a 2 year visa and weve just had a baby boy 9 weeks ago.

Our son has been diagnosed with an illness that will end his life in the very near future.

My question... my wifes parents have never seen our son (only in photographs) and i was wondering if an emergency visa for them to see him before he passes away would be possible? They have never travelled outside of thailand before and because of my sons illness he is not able to fly. Has anbody ever been granted a visa under these instances before?

Many thanks in advance for any replies.

Dean

Razz

yeah easily altered emails... <deleted>...that was exactly my words!

They said that because id printed the emails off the pc as evidence they said that i could have changed dates ,times and context. The judge and HOB just looked at each other in amazement!

Dean

Best wishes mate!

Dean

For anybody that is interested here's the court docs..

Hi all,

Today i had the written conformation of my wife and i's appeal from AIT.

Does anybody think they would gain anything from me posting a copy of the judges decision? This is the full version of his notes etc on the trial.

Dean

Unfortunately, DeanUK's experience will inevitably be endured by others simply because at present there is no sanction the Adjudicator can bring to bear against the visa section in cases involving their incompetence. Poor decision making by inept clerks supervised by indifferent management undermines any system and can only be improved if they were to be held accountable. To that end I believe that the Adjudicator should be empowered in these cases to make an order for costs where the sponsor has suffered consequential loss.

Anyway, congratulations to DeanUK in his notable victory.

Thanks "the gent"

Both the Judge and the HO barrister, were astonished that the visa wasnt issued on the 1st application. He said (the judge)" i see no reason why given the evidence infront of me that this visa was'nt issued upon the 1st application. I appologise for the inconvenience that this has caused you."

Maybe i should put in a claim for my 2nd application.. and the further 3 months ive spent visiting her since christmas 2007... I just laugh at the thought!

Dean

Hi Bill

my court hearing was held in Birmingham Uk.

Dean

Thanks all for the comments.

Mikeybee.. no problems mate, if i can help with anything just ask away!

Ive learnt a few things yesterday and over the past 9 months

1. stay positive at all times
   
2. dont be shy to have a go yourself (theres plenty of help amonst this forum)
   
3. never lie
   
4. have faith in your own ability
   
5. dont let the ba$£ards grind you down
   

Dean

Thanks Scouse

Im now on the last 100m of the 3,000 metre race!!

The judge did say that to me at the end of the session but also said that they had never questioned his judgement before and it was highly unlikely that it would happen on this case considering the overwhelming evidence, and the agreement of the Home Office barrister.

Cheers

Dean

Cheers guys for the kind words, im off for a few drinks of celebration tonight.

Awoke this morning at 5.45 full of aprehension as to what the day would bring! My court time was 10am so still plenty of time to prepare myself.

I arrived outside the court at 9.30, and checked in at the desk to be told i would be in court #9. I was 1st on the list (of 4 that day) but was told it was up to the judge who would be seen 1st.

10.15 and my name is called out, and i make my way into the court room, where inside sat the barrister representing the home office and myself. (i was representing myself + my wife) We made eye contact but his facial expression did not change, hmmm i thought this guy is going to give me a hard time!

I had provided extra evidence based upon there "bundle" including outgoing calls from my o2mobile (i had to pick them up at 5.45 last night after waiting 30 weeks for them) a transcript of a telephone conversation between my wife and i (proving she speaks good English) a letter from my parents, and additional copies of western union money transfers.

A few minutes later the Judge walked into the court and the proceedings began. He gave an outline as to how the morning would go and said that at the end of the Appeal he would reserve judgement and my wife and i would know the outcome within 2 weeks. I was asked numerous question by the judge about my relationship with my wife (where we met, how we met, when did we marry etc) whilst he looked through my evidence old and new, and took notes.

I was then asked questions from the home office barrister regarding my wife speaking English, and ways that we keep in contact e-mail, telephone etc. When he was shown the list of telephone calls and the transcript by the judge he said that he'd got no further questions to ask. The judge then asked if id provided any written evidence of our contact with our applications, I replied "yes christmas cards, birthday cards and valentines cards dating back 2 years" the judge looked at the barrister who threw his hands in the air and shook his head (at the fact that these haddent been taken into admission by the Thai ECO)

The judge then asked me to stand and say why i thought that my wife should be allowed entry into the UK. I told him that we were a genuine couple as proven by our evidence and that we had wrongly been denied the right of living together as man and wife in the UK (i appologised for not using any court jargon and he replied that it was better because he didnt want to hear any of that sh*t)

The judge then said, "i believe what you have just said and that the ECO's decision was wrong your wife should have been granted axcess to this country on your 1st application" he then turned to the barrister and said "do you agree?" "yes most certainly" he replied.

He then stated that i had done an excellent job of representing myself and stated that although he as he said before he had to reserve judgement at this time, he would be GRANTING my wifes visa.

Id just like to say thanks to all the people to have replied to my posts on here, all of the well wishers etc. I will carry on using this board and try and help as many people with my experiances as i can.

Dean

Hi Binnsy

yes i got my bundle...or what they classed my bundle.

It just included most of my old documents....and their evidence, which was a transcript of my wifes interview (14 minutes, 42 questions). Reading through the transcript as far as i can see, when they asked my wife if she wanted the interview in Thai or English, and soon as she said Thai they had it in for her, asking many questions about how we can communicate etc etc even saying "i dont believe you chat with your husband 4 times per day". After the interview my wife was in tears, she said "lady farang speak not good with me"

Anyway we got the big F... and here i am today with my appeal in 4 days.

Dean

Well my wife and i have our court appeal this friday (15th). I have supplied further evidence of our contact over the previous 2 years, i have supplied a transcript of a telephone conversation between us both (proving she speaks English) and also a letter from my parents.

Hi Dean,

I am afraid I can give no advice, so I wish you the best of Luck on the day as I am sure it is very daunting.

I presume the above comments are what they deemed you didn't quite fulfill the criteria at your application.

If you serviced this shortfall to the necessary requirement, which there isn't a standard, then you are going in the right direction.

I am not conversant with appeals, so I wish you well.

Moss

Moss

Thanks very much for your words of encouragement, i appreciate it!

Dean

Well the latest so far, scouse has advised me on this and i thank him, just to keep everybody else informed following the case:

Dear Sir/Madam

Thank you for your email.

A Notice of Pending Appeal (AIT11) was sent to you and the British High Commission/British Embassy on . The purpose of this notice is to confirm receipt of your appeal and to direct the Entry Clearance Officer (ECO) to prepare an Explanatory Statement and submit this to us by the date shown on the notice.

The purpose of the Explanatory Statement is to allow the ECO to explain in greater detail the reasons for refusing entry into the UK. The British High Commission/ British Embassy has to submit this statement within 19 weeks of the date the AIT11 was issued.

In your case, this means that the ECO has until 13 August...... to prepare and forward the Explanatory Statement to us.

When we are in receipt of this statement, you will be given a hearing date at the earliest available opportunity after eight weeks. You will then be notified in writing of the time, date and venue of the appeal hearing.

Kind regards

Mikeybee

i have my court appeal this friday 15th...if i can give you any advice on how it pans out ill let you know.

Dean

Hi all,

Well my wife and i have our court appeal this friday (15th). I have supplied further evidence of our contact over the previous 2 years, i have supplied a transcript of a telephone conversation between us both (proving she speaks English) and also a letter from my parents.

Does anybody have any idea as to what i should expect on the day, or any further advice that they would be willing to give to me.

I must say, now the date is almost upon me im finding it very daunting. Now i can understand exactly how my wife felt prior to her interview.

regards

Dean

Thats for the info Scouse...much appreciated!

What does the explanatory statement say?

Scouse.

scouse the explanitary statement says...

the appellant had sought entry clearance for settlement in the united kingdom. The ECO was not satisfied that appellannt had met the requirements under paragraph 281 of the immigration rules HC395 for the reasons set out in the attached notice of refusal.

Atlastaname

the other questions were based around my business and my family...names ages etc...they have all been answered correctly. I also cannot believe that the bundle contains no more information for there case...but there is absolutly nothing else attached.

Mikeybee

no problem mate...ill keep everybody on the board informed as to how this developes.

Guys

i was expecting to be sent lots of paperwork with a detailed explanation as to why the visa was refused....but have just the interview notes and nothing else... the interview lasted 12 minutes and is typed on 1 page of A4 paper...from reading the interview...my wife got 1 question wrong..."what is the time difference between thai and uk"...she answered "about 5 hours....my husband calls me before he goes to work and it is afternoon here"

The other 42 questions were all answered correctly.

Dean

Thanks for the rapid response Scouse..

Ive checked and double checked but ive recieved... some paperwork from our previous application(not all of it)..... a notice of hearing...a copy of the interview notes...and a entry clearance explanatory statement (which just states paragraph 281 as the reason for refusal) Is this what your refering to as "the bundle"?

If this is what your refering to i can't see where there case is built from.. I understand what paragraph 281 means ...but see no evidence to substanciate this.

Regards

Dean

Hi Guys

Weve finally recieved our appeal date (15th june) and have recieved all of the paperwork back from BKK. I thought this would include an outline as to what there case was against my wife and myself but alas nothing. Could anybody advise me on the run up and the actual court case as to what i should do/expect.

Much appreciated

Dean

Mikeybee

My wife and myself are in the same situation as yourself.... ours too was littered with spelling mistakes and on 3 occasions have called my wife MS not MRS. We submitted our appeal application the beginning of january and the paperwork has to be returned by the ECO by 31st may...were now sitting tight waiting to see what reason case they have for our refusal.

I guess we can only wait and see... hope you get the correct decision this time around!

Dean