Settelment Turned Down

[RamdomChances]

My wife has just been refused her settlement visa on grounds very similar to mikeybee's post here http://www.thaivisa.com/forum/index.php?showtopic=108663. Again no interview was offered

Here's the full text of the refusal

You have applied for an entry clearance to the United Kingdom as the spouse of XXXXXXXXX. However I am not satisfied on the balance of probabilities that your application meets the requirements of paragraph 281, and in particular

That there will be adequate accommodation for you and your spouse (and any dependants) without the recourse to public funds which you and your spouse own or occupy exclusively

That you and your spouse will be able to maintain yourselves and any dependants adequately without recourse to public funds.

Because

You have applied to travel with your husband XXXXXXXX to the United Kingdom. You were married in Thailand on XXXXXXXXX and have produced a marriage certificate from Thailand.

I note that you live in Thailand with your husband. You state there will be accommodation for you in the United Kingdom and have provided documentary evidence in support of this. I note that you have provided documentation from Mr and Mrs XXXXXX and XXXXXX in support of your application. You have explained that they are your husband’s parents and have guaranteed your accommodation in the United Kingdom. I am satisfied you have third party sponsorship in your application. You have not provided evidence to establish your sponsor’s ownership/rental of the property in which it is proposed you will live, or any indication that mortgage/rental commitments are being honoured. Without this, I am not satisfied that the accommodation is secure, or hence that you will be accommodated without the recourse to public funds.

You have not provided any documentary evidence of your sponsor’s employment. In absence of any further evidence I am satisfied on the balance of probability that your sponsor is not in employment and had provided no evidence that this would change in the reasonably foreseeable future. Similarly, you have no obvious employment prospects.

In reaching my decision, I have also taken account of the Human Rights Act. Whilst I accept that this decision constitutes limited interference with Article 8, I remind myself that this is a qualified right, and I am satisfied that the decision is justified and proportionate in the interests of maintaining an effective Immigration Control. I am also aware of the fact that there is nothing in English law, which prohibits the sponsor from travelling to Thailand and enjoying family life with you here in this country.

For the first part we provided an old estate agents brochure for the house along with a letter saying it was the property of my parents (they subsequently decided not to sell), along with bank and building society statements showing it as their address. In both me parents and my own covering letter we stated that they owned their own property so there would be no mortgage or rental agreements and that they were currently in Thailand and would be available to attend an interview if the need arose.

As for part two I'm incredulous. We stated that I wasn’t employed and we supported ourselves from my wife’s business here in Thailand (my dairy herd has been decimated by TB, there's a post in the farming section if anyone’s interested). Any employment we had here would be a moot point if we were returning to the UK and apart from that my parents had already agreed to sponsor us.

I've already sent an e-mail off to the Embassy asking for a review of the case on the grounds that we have provided evidence on "balance of probability" that accommodation is available and referring to Diplomatic Service Procedures - Entry clearance , Volume 1 - General instructions chapter 9 in particular 9.3 and 9.7

9.3 - Maintenance: General requirements

The Rules require that there be adequate maintenance for applicants without recourse to public funds. This means that either the applicants have their own funds (or funds available to them) or a friend/relative will sponsor them. A combination of these is also acceptable

My Parents provided active bank current account statements showing an end of month balance of over 6,000 pounds and a savings account showing a balance of 27,000 pounds along with a copy of our Thai bank book and details of further assets to be sold before we return home.

9.7 - Assessing adequate means of maintenance for fiancé(e)s and spouses or civil partners

If the applicant and/or sponsor has skills or qualifications which offer a reasonable chance of obtaining employment or already has employment arranged, that should be viewed as sufficient to meet the maintenance requirement without having to make further enquiries

While my wife only has a high school diploma ( she hasn’t finished here degree yet) I have a Degree in Aeronautical Engineering along with a City and Guilds as an Aircraft Propulsion Technician, at only 42 I feel that that shows a reasonable chance of finding employment.

Anyway any advice on the best way to proceed with the appeal would be helpful

RC

[the scouser]

RC,

Such a decision is bizarre and flabbergasting. Having had two similar refusals within the space of a few days, it is evident that the embassy thinks that they've hit upon a new means of refusing settlement visas, and are dipping thier toe in the water to see what happens.

In my opinion, any appeal in relation to these cases is bound to succeed. I'd even go as far as saying that the refusals are so weak that the immigration judge would allow it there and then without the usual two-week wait for the determination. It is evidence that rather than taking an application in the round, in these two instances the visa officer has sought to contrive a refusal, and this verges upon adminstrative malice and malfeasance.

In both cases, the ECO has misapplied the balance of probabilities to such an extent that one wonders whether he actually knows what it means, or whether he just includes it in the refusal notice because it's in the template. For heaven's sake, if an aeronautical engineer is deemed as being unemployable, so is 90 ferkin percent of the population, and that is evidently not the case.

My advice is the same as I gave Mikey: UK Visas complaints, MP, the press. But make sure you file the appeal form asap.

If you do want any formal assistance, then feel free to contact me.

Scouse.

[RamdomChances]

My advice is the same as I gave Mikey: UK Visas complaints, MP, the press. But make sure you file the appeal form asap.

Cheers mate, by "UK Visas complaints" do you mean the e-mail address they give you on the BKK embassy web site or is there another one. Should the appeal be based on the grounds I've already outlined above ?

[the scouser]

You don't need to go into too much detail on the appeal form, as, at this stage, you're just lodging it: only at a later stage will you be asked for your detailed case. The relevant paragraph of the immigration rules under which your wife sought entry is 281, so in the grounds of appeal section, you can write something like, "I have demonstrated that I meet the requirements of para 281 of HC395 (as amended). In refusing my application the ECO has failed to properly apply the balance of probabilities."

In relation to UK Visas complaints section and your MP, you are going to have to present detailed grounds why you think the decision should be overturned: it's not a case of just saying you think the decision is wrong, and leaving them to establish why you think that. You should certainly mention that the decision is fatally flawed and, as such, you shouldn't have to wait the six months or so for an appeal to be heard before receiving redress. I'd send any such letter to UK Visas by recorded delivery. Unfortunately, now the decision has been taken, there's no immediate fix other than your wife making a second application, but unless your circumstances change, it is likely that they would just refuse again on the same grounds.

Scouse.

[RamdomChances]

Ok thanks again I've alreday sent a detailed complaint in at the address on the BKK website. It won't take much to convert it into a letter for UK Visas and my MP ( do I have one ? )

The six months you mentioned is a bit of a blow....looks like I'll be going on my own .

It does say on the appeals form to give the "grounds for apeal and give the reasons for appeal is support of these grounds".

Should I ask for an "oral hearing" I assume the alternative is for them to just go with the writen information provided

RC

[the scouser]

It takes approximately 6 months for the appeal to be heard, but the idea is that your representations to UK Visas and your MP will get the decision overturned before then, and you can then withdraw the appeal. It doesn't really matter whether you opt for a table or oral hearing, although the latter gives you and your parents the opportunity to give evidence in person.

Scouse.

[Boo]

RC when I we applied for hubbies SV 3 years ago I sent my CV to employment agencies in my field in the UK & asked them to send letters to my mums confirming they had plenty work available & the approx salary I could expect as I also didn't have a job to go to, I also didn't have savings or a place to stay either. My mum offered us a place to stay & sent a notorised copy of her deeds & mortgage to the embassy & basically said that she would support us financially until I got a job. I dont' know how much you added in support of your earning ability but it seemed to work in our case to show how much I could earn & how liquid the job market was for my field (though employment agency letters)

Good luck & I hope this mightmare situation for you & your wife is over soon.

[RamdomChances]

Thanks Boo, one of the problems is that my folks were due to come over here for 3 months about a week after we had decided to return home. I e-mailed them to birng financial and ownership proof out with them so we were basicaly stuck with what they had.

None of us envisioned having these problems for what seemed like a fairly straight forward Visa application. I also wrongly assumend that any problem and we would of been called for an interview. With hindesight I could probaly of given more comphresive documentation, although I did feel what was provided was sufficent.