Please Help

[cookieneedshelp]

hello there,

any advice anyone can give me would be really apreciated,

i'm a 22 year old british national who has been married to a thai girl for 4 months but we've been together for a year, her marraige visa was rejected last month because stupidly we bent the truth about how we met (we met in a nightclub in pattaya, but we told the embassy we met during songkran and she was only there on a holiday) subsequently they found out she'd been working in a restaurant for a year by looking through her bank records, and because of this denied the visa,

i've spoken to the shop i made the visa with and they've told me to write a letter of apology to the embassy and talked about an appeal and that i might have to go to the thai embassy in london, but it was all very vague.

i really need help as to what i can or need to do now to get her visa. as i'm becoming really depressed about the whole situation.

any help would be really really appreciated

thankyou for your time.

john cook

[LivinLOS]

Try the forum for visa's and migration to other countries..

This ones for coming to and staying in Thailand.

[gburns57au]

Try the forum for visa's and migration to other countries..

This ones for coming to and staying in Thailand.

He has twice......

[the scouser]

John,

Your wife will have the right of appeal. She should complete the form and send it either to the embassy or the appeals authority in Loughborough within 28 days of being given the refusal notice.

Beyond that, before I can pass any further comment I would need to see the refusal notice giving the reasons for refusal.

Scouse.

[the scouser]

By the way, whose idea was it "to bend the truth": yours or the agent's?

Scouse.

[Mahout Angrit]

While your wife has the opportunity to appeal, the appeal process can take the best part of a year and as far as I'm aware the appeal is heard on the facts as presented at your application. By your admission your wife's integrity is in doubt as you presented a false story so it's only to be expected that the other facts presented with the application/ sponsorship will be in doubt.

I would expect in the event of appeal and the Embassy proves a false story then the decision will be upheld, wouldn't you?

In my opinion it would be better to make a fresh honest application and attach a covering letter to explain why you are doing so, even so in view of the rejection you must expect the embassy to scrutinise it for the truth.

The advice of your agent demonstrates how little they know of the UK visa application process if they suggest you may have to go to the Thai Embassy in London

Edit: - .... and do the next application yourself, not via the agent (maybe you can blame the idea on the agent!)

Edited December 17, 2007 by Mahout Angrit

[cookieneedshelp]

it was mine but my agent read the letter about how we met and said nothing whilst asking for my wife's bank account details to give to the embassy grrrr

i really need some help so i'll ask my wife what it says on her letter.

thanks

[Boo]

Can you clarify the part where you "bent the trust" please.

Was the letter specifically stating that she was in the nightclub cause it was songkran only or did you elaborate & say she is from xyz province & had come down to pattaya on holiday for songkran??? If the later then sorry I think you may be a bit buggered cause a lie is a lie is a lie & the embassy (rightly) take a poor view on them. But if the former then you can argue that you didn't claim she wasn't working in Pattaya just that you met cause she was in a nightclub at songkran.

See what I mean, words are difficult to convey & you could use that as an excuse for the misunderstanding.

Another question though, why the need for the lie if she had bank records showing her getting paid legally from a restaurant??? Just seems a bit silly!

[taxout]

I'm sure there are folks here who would like to know all the details, but can I suggest that it's probably not in your best interest to post the details on this public forum.

[cookieneedshelp]

yeah right i understand it's just that i'm getting really depressed about the whole situation and i really don't know what to do, i'm in love with my wife and we want to be together so much but we made a stupid mistake and now it just feels like we can never be together.

i've just spoke to my wife and she told me when the lady in the embassy told her she couldn't get her visa she told her what to do about appealling and within 5 days we both handed our letters of apologies in to the embassy and now we are both waiting to see what happens next if anything.

but if my wife can't ever get a visa now we bent the truth why did the lady guide her through the appeal process?

is there anything i can do to speed the process up at all?

thanks everyone.

[Mahout Angrit]

but if my wife can't ever get a visa now we bent the truth why did the lady guide her through the appeal process?

is there anything i can do to speed the process up at all?

It is standard practice to invite all applicants who have had an application refused to appeal if the visa type affords an appeal. I doubt the ECO would have suggested that your wife will be successful on appeal but at least it softens the blow and gets the applicant out of the office with fewer tears.

i'm in love with my wife and we want to be together so much but we made a stupid mistake and now it just feels like we can never be together.

All is not lost, the refusal does not affect your ability to be with your wife in Thailand until a future application to go to UK is successful. Maybe after a while in Thailand you wont want to leave, many don't.

[cookieneedshelp]

live in thailand permentantly would be great but unfortunetly the money won't last forever!

[joeyswags]

As i have been through the whole process of getting my wife a visa i certainly do feel for you. The night before our interview we were going over all possible interview questions and our definite answers. It is a TON of stress. It sounds as if she was there alone for the interview and you guys had prepared this answer prior to the big day. Sad thing is the truth wouldnt have gotten you denied. You were being too cautious. I was also sure the interviewer would suspect my wife was a 'working girl' when she has never been in a bar before. I even thought about things we could say to prove this, whether it was the truth or not. However, on a last minute hunch, we were completely honest to every question and it went fine.

Going forward with the appeal is a MUST. I have no experience with this but NEVER GIVE UP HOPE. Have your family memebers come over here and spend time with her, then they can also write character references. Things like this go a long way. Overload them with evidence of your genuine relationship and your plans for the future.

It is certainly a process that includes hurdle after hurdle (running bare foot on crushed glass). It took us so long i did pack up and move here to the LOS. Now we got the visa and im not sure i want to go back

Best of luck

[legag]

By the way, whose idea was it "to bend the truth": yours or the agent's?

Scouse.

I always say when it comes to visa pls. do it right with and even it takes time but eventually you will get it. Bending here and there got you sweating cover it up only going to get worse once they find out.

All the best.

[honest tom]

By the way, whose idea was it "to bend the truth": yours or the agent's?

Scouse.

I always say when it comes to visa pls. do it right with and even it takes time but eventually you will get it. Bending here and there got you sweating cover it up only going to get worse once they find out.

All the best.

the agencies in pattaya, ( no not all of them sorry) offer to take your phone bills, bank statements etc and doctor them. this really f**d me off, primarily because as a businessman, it could have caused me problems back here inthe UK. the one we nearly went with was actually laughing when I told him we were not interested in lying.

all I can say is beware of the "agencies", from what I have seen they are mostly fly by night ops, and its not their relationship that gets screwed up.

honesty works, IMHO

[BIGJIMMY]

A friend of mine lied in a visa application about where he met his Mrs, they were refused, the Embassy didn't believe them etc, they re-applied a couple of months later with complete honesty they also referred to the previous lie with reasons and an apology and they got it, they are happily married and have been living in the UK for the past 4 years, all is not lost matey.

Cliche I know - Honesty is the best...........

Jimmy

[legag]

all I can say is beware of the "agencies", from what I have seen they are mostly fly by night ops, and its not their relationship that gets screwed up.

honesty works, IMHO

With this Thank-God-for-internet I think we can pretty much find out all info we want and just follow it. Ask around who have had done it before it's the extra help. I don't understand why we want to use those agencies. To me, I don't see they do much but over charge for information we can easliy 'click' online and get the same info. Yet, they makes us comfused.

Edited December 17, 2007 by legag

[cookieneedshelp]

yeah thanks for the info mate,

i think that is the best way to go about it wait a couple months with a new better application, it's just so hard bieng back in the uk and my wife in her home trying to get information about whats happening with the appeal if anything.

but thqats good to know that your mate got the visa, thats atleast a little uplifting.

thanks alot guys

[mikethevigoman]

By the way, whose idea was it "to bend the truth": yours or the agent's?

Scouse.

I always say when it comes to visa pls. do it right with and even it takes time but eventually you will get it. Bending here and there got you sweating cover it up only going to get worse once they find out.

All the best.

the agencies in pattaya, ( no not all of them sorry) offer to take your phone bills, bank statements etc and doctor them. this really f**d me off, primarily because as a businessman, it could have caused me problems back here inthe UK. the one we nearly went with was actually laughing when I told him we were not interested in lying.

all I can say is beware of the "agencies", from what I have seen they are mostly fly by night ops, and its not their relationship that gets screwed up.

honesty works, IMHO

Ill never forget the answer the lovely wendy at the embassy gave me when we applied for my wifes visa. i asked, do you think we need to worry and should i get an agent/visa shop to help, her reply was ," if you are a genuine case and you are capable of filling out the forms you can do it your selves and no you wont need an agent " .. she was right , ( on 2 occasions ) !

[gary773]

One of the grounds you have for appealing is the Human Rights Act: http://www.yourrights.org.uk/your-rights/t...mily-life.shtml

The Convention Rights

Not all the rights set out in the Convention and its Protocols are incorporated into British law by the Human Rights Act 1998. The HRA only incorporates the rights in Articles 2 to 12 and in Article 14 of the Convention, plus those in the First and Sixth Protocols. The incorporated rights are set out in the First Schedule to the HRA and are referred to as ‘Convention rights’.

The HRA does not incorporate Article 13 of the Convention. Article 13 provides that people whose rights under the Convention have been breached should have the right to effective redress. The Government did not include Article 13 in the HRA, as it took the view that the HRA itself would meet the requirements of the article by giving people the right to take proceedings in the British courts if they considered that their Convention rights had been breached.

You need to refer to Article 8 which states "Article 8: Right to Respect for Private and Family Life

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Article 8 guarantees respect for four things: a person’s private life, family life, home and correspondence.

Family life

This means your relationship with your close family. This includes a man and woman who are not married but who live in a stable relationship. The ECHR has not yet recognised same-sex couples as families, but this may well change and, even if it does not, it may be that the courts in this country will do so.

[RAZZELL]

One of the grounds you have for appealing is the Human Rights Act: http://www.yourrights.org.uk/your-rights/t...mily-life.shtml

The Convention Rights

Not all the rights set out in the Convention and its Protocols are incorporated into British law by the Human Rights Act 1998. The HRA only incorporates the rights in Articles 2 to 12 and in Article 14 of the Convention, plus those in the First and Sixth Protocols. The incorporated rights are set out in the First Schedule to the HRA and are referred to as ‘Convention rights’.

The HRA does not incorporate Article 13 of the Convention. Article 13 provides that people whose rights under the Convention have been breached should have the right to effective redress. The Government did not include Article 13 in the HRA, as it took the view that the HRA itself would meet the requirements of the article by giving people the right to take proceedings in the British courts if they considered that their Convention rights had been breached.

You need to refer to Article 8 which states "Article 8: Right to Respect for Private and Family Life

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Article 8 guarantees respect for four things: a person’s private life, family life, home and correspondence.

Family life

This means your relationship with your close family. This includes a man and woman who are not married but who live in a stable relationship. The ECHR has not yet recognised same-sex couples as families, but this may well change and, even if it does not, it may be that the courts in this country will do so.

I think quoting the HRA is a mistake. They're "qualified rights" not absolute's.

The simple fact is lying on official application forms doesn't wash too well with immigration authorities.

Re-apply and all the best.

RAZZ

[britmaveric]

Letter of apologies?? Hmmm seems a bit much, basically you are admitting you did smth wrong and from what I gather you didnt give them all the necessary info. Hardly anything wrong except perhaps not knowing how the process works.

You need to address the reason for refusal. Once this is satisfactory addressed you should have no problem in theory gaining a visa.