16 Days To Process Sv - Success

[yorkieb]

Dear Forum

3 visitors visa's, 1 fiancee visa, 1 failed FLR(O), 1 UK divorce, 1 Judicial review and finally 1 Settlement visa. + the rareist of rareist things- an apology from the embassy for all the inconvenience (I think i will frame that one).

I know there are a few who have followed my particular battle but for those who havent or cant remember the following has ensued over the past 16 months

1. Applied for a fiancée visa. (documentation all authentic and checked by the embassy), visa issued 2006

2. Went ahead with the ceremony in the UK but were advised by the GRO that due to some obscure case law some 30 years ago relating to a Talak divorce we needed to validate my fiancee's Thai divorce in the UK.

3. To do this we were given 2 pieces of advice from the GRO, a) get the Lord Chancellor to confirm my fiancée's single status, lead-time 18 months, simply process another petition through the UK court - due to 5 year separation, lead-time 4-6 months.

4. We consulted UK Visa and were advised that we should apply FLR(O) on companionate grounds and take option .

5. Unfortunately the actual case officer reviewing the FLR(O) interpreted the application as change of visa status and the application was refused. We had the reasons for refusal tested by an immigration barrister and found that the reasons were incorrect and contravention of HO guidelines and application rules. In addition it is a fact of law that a marriage cant be dissolved twice. Option was simply a process that would make the Thai divorce capable of recognition in the UK. Ironically we were previously advised by UK Visa that in our case an FLR(O) was appropriate on companionate grounds to allow an extension of time to fulfil the original criteria of the fiancée visa.

6. We lodged an out of time appeal which was refused by Judge XXXXX.

7. Again we had this tested by our immigration barrister and found that Judge XXXXX had failed to apply points of law correctly. (I know what you are thinking, this was a surprise to me too. I would have expected an individual at this level to apply the law correctly but this has been confirmed in further review by a High court Judge)

8. A Judicial review was lodged and has now been found capable of a hearing in the High court.

9. As my fiancee was legally allowed to remain in the UK under the umbrella of the Judicial review we were able to process a divorce petition in the UK court anyway and marry legally in the UK in February 2008.

10. Having fulfilled the terms of her fiancée visa and at her own cost and volition my wife has now returned to Thailand. Under the protection of the Judicial Review my wife was not classified as an overstayer in the UK.

Agians the back drop of new rules coming in in Feb and April we applied SV on Feb28 with a case bundle a foot thick. Based on intel from Thaivias that each application is given approx 20 mins I guess I shoulnt have been surprised that there was a going to be a delay. I was scarred that based on the daunting task of actually understanding the complexities of our legal case the ECO would just issue a blank refusal. However after emailing them every day and sending email salvos from legal councel we have extracted a positive result.

This kind of brings me to the point of my post. I think Thaivisa is a fantastic site and this particular corner is absolutly solid gold. There have been times over the past 16 months, when facing a huge faceless hostile opponents such as the HO it would have be easy to give up. However on many occacions I have found hope and direction from memebers in the section. I just wanted to add my vote of thanks to all who have given advise here. We all know Scouse, he is a leading light in these topics. The advise in particular from scouse has put me back on my feet more than once. Scouse my friend a big thank from both of us. You deserve all the plaudite you receive in the many post I read.

So basically thats, I got a 2 year busmans holiday now before I need to battle for the ILR. Oh ok just because you have had the patience to read all this here's a copy of the apology:

Further to our tel conversation this morning. I have been confirmed by the UK Visa Application Centre, Regent House that the passport of Ms XXXXX XXXX is now ready for collection at the centre.

Spouse visa is now approved to XXXXX, visa is valid from xx/xx/2008 until xx/xx/2010. I have noticed from her VAF that she plans to travel on xx/xx/2008 so the period of visa validity given should be fine.

Please accept my aplogies for any inconvenience which occurred to yourself and Ms XXXX XXXXXX.

Yours sincerely

XXXXX XXXXXX

Visa Section

British Embassy Bangkok

Yorkie

[Lite Beer]

Well done Yorkie.

We are still waiting. Only 10 days so far.

[yorkieb]

Well done Yorkie.

We are still waiting. Only 10 days so far.

Thanks Lite Beer.

I wouldn't read anything into the 10 days. I reckon they only did mine in the last 24 hrs after a wheeled in legal councel. My guess they are just understaffed.

Yorkie

[scotty123456789]

congratulations yorkie,

Party time I guess.

Good luck with yours lite beer.

Scotty...

[the scouser]

Well done, Yorkie.

Scouse.

[Mossfinn]

Congrats Yorkie,

A long and winding road,

But success is sweet

Good Luck

Moss

[Guemlum]

Well done mate to you and the Mrs....we never got an email of apology but we did receive a phone call asking her to come and collect her visa and an apology for the inconvenience.

If only they new how much their inconvenience has cost me.

Guemlum