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Posted

In general there doesn’t appear to be any consistencies about reasons to return. In my case my GF had no job, no property no money only family ties, we had been co habiting in Thailand and said I would withdraw all my financial support if she absconded albeit she had no connections to any Thai people in the UK.


On the other hand applicants provide info stating property, money in the bank and employed but get refused.

 

i have a colleague who was liberal with the truth about the length of his relationship around 6 months albeit he owned property in the the UK and Thailand and his girl was granted a Tourist Visa, twice ?

Posted
1 minute ago, KhaoYai said:

Guessing here but as nobody has answered you - I'll have a stab.  I doubt the date you start the online application process will be used. I suspect it will actually be the date you actually submit the application online.

The date of your proposed travel is 90 days from your application date.

Posted
11 minutes ago, KhaoYai said:

Guessing here but as nobody has answered you - I'll have a stab.  I doubt the date you start the online application process will be used. I suspect it will actually be the date you actually submit the application online.

I suspect the same. For sure it is not the date you start filling in the form online as you can start that well outside the 3 months. I was asking about the date of submission as opposed to the date of appointment. I think it is the submission date like you, but was hoping it was the appointment date.

Posted
50 minutes ago, Changoverandout said:

Thanks. I’m pretty sure she wasn’t cautioned or officially warned but I will mention it in the application in case there’s a problem causing a refusal.

 I will still need to earn over the £18600 a year for her to get a returning resident visa I presume?

I never researched it, as my pension is adequate, but I think you are correct. I found this article which may be helpful ... https://immigrationbarrister.co.uk/spouse-visa-financial-requirement-for-spouses-returning-to-the-uk/

 

I think you might benefit from starting your own thread about this specific visa. Maybe someone here will have direct experience.

Posted
9 hours ago, Sumarianson said:

It may be that it might not have been considered by immigration but you personally cannot know that it did not carry weight. If a person absconds in breach of their Visa terms then the immigration police can be contacted.

As to the validity of the guarantee, It comes from two places, one is the fact that I have known my partner for 5 years and know what she would and would not do. Secondly, she would not have the funds to cater for herself if she absconded as she was fully reliant on my financial support. Those are the reasons why I personally was able to make the guarantee. It is no more vslid or invalid than any other guarantee, however, I gave it and she got her visa when very deserving others (in my opinion) did not.

What I can tell you is the Entry Clearance Officers are instructed, both in their training and guidance manuals, that such a guarantee cannot be enforced any guarantees, howver well meaning, should be ignored.

You may well have known your partner for five years, but that still doesn't make your personal guarantee of any substance or enforcable.
Your partner may not have had the funds to overstay, not abscond as she's not in custody, but many visa holders who have been given leave to enter, do overstay and find the means to survive.
You gave a guarantee, your partner was granted a visa, but rest assured it had nothing to do with your guarantee.
If by Immigration Police you mean Immigration Enforcement teams, whilst they make targeted enforcement visits to places of work, they very rarely seek out visa overstayers in their homes as they move about too often and become difficult to trace.

Posted (edited)
21 minutes ago, theoldgit said:

What I can tell you is the Entry Clearance Officers are instructed, both in their training and guidance manuals, that such a guarantee cannot be enforced any guarantees, howver well meaning, should be ignored.

I agree, I know this from the horse's mouth - an ex ECO. I believe that the imposition of such guarantees was considered fairly recently but dismissed.

Edited by KhaoYai
Posted
On 2/13/2020 at 10:53 PM, KhaoYai said:

I agree, I know this from the horse's mouth - an ex ECO. I believe that the imposition of such guarantees was considered fairly recently but dismissed.

Yes, this is one of many areas that are regularly considered by the policy sections, compulsory travel insurance being another.
The instruction to Entry Clearance Officers is quite clear "You must not seek or accept a written guarantee or undertaking concerning length of stay. It is not currently possible to enforce guarantees by third parties that a visitor will comply with their conditions of stay, or to leave the UK at the end of a specific period".
And whilst I have no doubt that the poster who commented on this is confident that his personal guarantee swung the application in his partners favour, I'm equally confident that it didn't.

  • Like 1
Posted
On 2/14/2020 at 8:58 AM, theoldgit said:

And whilst I have no doubt that the poster who commented on this is confident that his personal guarantee swung the application in his partners favour, I'm equally confident that it didn't.

Ditto

  • 3 weeks later...
Posted (edited)
On 2/14/2020 at 8:58 AM, theoldgit said:

Yes, this is one of many areas that are regularly considered by the policy sections, compulsory travel insurance being another.
The instruction to Entry Clearance Officers is quite clear "You must not seek or accept a written guarantee or undertaking concerning length of stay. It is not currently possible to enforce guarantees by third parties that a visitor will comply with their conditions of stay, or to leave the UK at the end of a specific period".
And whilst I have no doubt that the poster who commented on this is confident that his personal guarantee swung the application in his partners favour, I'm equally confident that it didn't.

I did not say or believe that the guarantee I gave swung or did anything. I merely said that I provided it in the application and it was accepted and not handed back to me as an irrelavence to the application as they are prone to do with material unnecessary or irrelavant to the application. Therefore despite guidelines, the individuals, who read the applications have their own ctiterion and oft times they are the ones who swing the balance. If you look at the application as some computer reading the details you may not get the reqired result. As I said in my post, I saw a very deserving girl with all the right information, funds, property, reason to return etc. Being flately refused. You can only put that down to an individual who probably saw her beauty and thought she is unlikely to get out of the UK for the throng of admirers or more likely that she said she had family and friends there. I personally think it was the latter. If you go by immigration rules then there is no rule which prevents you from visiting family or friends in the UK however, as I said it is individuals that make the decision and there is little you can do if they refuse.

There is nowhere in the application that says if you provide these evidences and documents you will be given a visa? Individuals make these decisions based on their training their own personality flaws, failings and attributes. 

If you have too much money and friends and/or relatives in the UK then you have to provide assurities in one form or another that you will return to Thailand in accordance with the terms of your visa. 

While people on here may say that this document or that document bears no relavence to the application, it is wise to utalise "all" of your resources in an effort to achive your goal. Too much evidence is better than too little as any decent judge will tell you!

Edited by Sumarianson
Posted
On 2/14/2020 at 8:58 AM, theoldgit said:

Yes, this is one of many areas that are regularly considered by the policy sections, compulsory travel insurance being another.
The instruction to Entry Clearance Officers is quite clear "You must not seek or accept a written guarantee or undertaking concerning length of stay. It is not currently possible to enforce guarantees by third parties that a visitor will comply with their conditions of stay, or to leave the UK at the end of a specific period".
And whilst I have no doubt that the poster who commented on this is confident that his personal guarantee swung the application in his partners favour, I'm equally confident that it didn't.

If it is a policy they were considering implimenting but thought it unworkable. Does anyone think that providing such a guarantee although uninfoceable may have some sway in the mind of the individual making a decision on an application? Just maybe?

Posted
1 hour ago, Sumarianson said:

If it is a policy they were considering implimenting but thought it unworkable. Does anyone think that providing such a guarantee although uninfoceable may have some sway in the mind of the individual making a decision on an application? Just maybe?

Some people on this forum are of the belief that giving such an undertaking would, and in fact has, swayed the decision maker, the fact remains that the operational instructions are very clear.that Entry Clearance Officers "must not seek or accept a written guarantee or undertaking".
Anything to the contrary is pure is pure speculation, not so the intructions.

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