Refused Settlement Visa

[brokenmoose]

My Thai friend here has been refused her settlement visa today. She has been with her British husband for 9 years. They have a daughter together who lives with her father in the UK and is 8 years old. She has been separated from her mother for 2 years (although my friend visited the UK on a 2 month tourist visa last year). She agreed to be separated from her daughter so she could have a British education.

The reasons for refusal were the accommodation angle (he rents a 2 bedroom flat but sent a 4 year old tenancy agreement). He sent year old bank statements so obviously the V.O. doesn’t believe they have the finances to live without public support. To be honest I don’t think he will be able to give fresh financial documents.

It doesn’t look good for her. Is there any reason she could appeal on human rights reasons. She has a daughter on the other side of the world after all?

If she applies for a tourist visa (to visit her daughter), will this be refused out right as the V.O. now knows she intends to live and work in the UK?

She as friends in Ireland: if she gets a tourist visa for Ireland could she cross over to the UK.

Oh happy times……. Cheers for reading……

The moose

[the scouser]

Her best option is to prepare a second application with recent supporting evidence. Why isn't your friend able to provide up to date information?

Having pinned her colours to the settlement mast, a visit visa application is extremely unlikely to be successful, as is an application for an Irish visa. That she has been refused a UK visa will be apparent to the authorities in Ireland, and her intention to enter the UK by the backdoor will stand out like a sore thumb. If she were to get a visa for Ireland and then slip across the border, she would be illegally in the U.K.

She can appeal on human rights grounds and that she has a daughter from whom she is separated does add some weight to her case, but article 8 is a qualified right and the rights of the individual are secondary to the interests of the state.

Scouse.

Edited April 10, 2007 by the scouser
clarification

[Mahout Angrit]

The accommodation requirements seem to be satisfied. Why no recent bank statements? why no recent pay slips? does he work? does he currently live on benefits?

Is it only the two of them living in the flat? how does he attend to the schooling and feeding needs of an 8 year old as well as working?

I think you need to tell the full story and get the real reason for the refusal to get much help from here

Edited April 10, 2007 by Mahout Angrit

[brokenmoose]

Cheers for the replies

Although my friend has been quite vague, she told me this afternoon this he is indeed out of work (and must be on benefits). I guess, he has to get a job before they can reapply; and an appeal on human rights grounds would be pointless. There was talk in the application of him having a job, but there was no pay slips, tax info for the self employed (as he wrote down his home address as his work address) or letters from clients or employers.

Well its up to Chaing Rai this evening and hopefully put all this behind us for a week, then we’ll be re-applying for my wife’s visitors visa.

[Mahout Angrit]

Although my friend has been quite vague, she told me this afternoon this he is indeed out of work (and must be on benefits). I guess, he has to get a job before they can reapply; and an appeal on human rights grounds would be pointless. There was talk in the application of him having a job, but there was no pay slips, tax info for the self employed (as he wrote down his home address as his work address) or letters from clients or employers.

He would need to get a job and have a steady income and records for about 6 months before there is any point for him to re-apply. Obviously if he is currently on benefits then she would be claiming if she arrived in UK and a visa will be refused on those grounds.

It's difficult to imagine how he will find work if he has to look after the needs of an 8 year old without leaving her on her own which is against the law in UK, he could do it in Thailand!

No real chance of any claim to human rights because if they really wanted to live as a family they could do so in Thailand. My opinion is anyway that the youngster would be better back in Thailand with her Mum, a childs needs are more than an education.

Edited April 10, 2007 by Mahout Angrit

[brokenmoose]

Cheers, thats what I thought. Just wanted to doule check for her on here. I totaly agree that the child should be here with her mother. Pleanty of good international schools here too.Its a hopeless situation.