Wife Refused Visa

[jaidee1]

She has just been refused a visa to remain in the UK as my wife. The reason given is the fact that she applied for & entered the country with the wrong visa. She was given a 6 month visitors visa instead of a fiancee visa.

I accept the fact that we entered the UK with the wrong visa, but at the time of applying I had just been involved in a major Road Traffic Accident resulting in the amputation of my right leg & a large metal plate inserted in my hip. We contacted the British Embassy in BKK, explained the whole situation (including the fact that we had just got engaged) & they helped sort her visa (visitor).

Now I understand the whole visa process a lot more, but then I was a newbie. I relied on the advice given by my embassy. I enclosed all original correspondence to make sure that they new this was the reason she had a visitor visa. I am going to appeal but if this is also refused I am not yet fit to return to LOS so she will have to return alone.

I feel thoroughly ######£d off

Paul

[taxexile]

go to a c.a.b. and a half decent immigration lawyer and appeal at once.

a word with your local newspaper and mp would be in order too.

if what you say is correct then surely they cant throw your wife out.

if convicted terrorists can win appeals to get to stay in good old blighty then your wife should too.

good luck.

[chonabot]

Gutted for you mate , when my wife was turned down for a Fiancee' visa the IAS in Croydon did a good job , not the quickest but free.

IAS

Good Luck.

[the scouser]

I presume that the home Office has based their refusal on the following paragraph of the immigration rules:-

(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these Rules, unless the leave in question is limited leave to enter as a fiancé;

In other words if you've only been granted entry to the UK for 6 months or less, other than as a fiancé(e), then you can't be given permission to stay on the basis of your marriage to a British citizen.

The adjudicator who will hear you wife's appeal is only allowed to overturn the Home Office's decision if they have failed to correctly apply the immigration rules. He/she can make a recommendation that the person appealling can be allowed to stay on compassionate grounds but the Home Office is not duty bound to abide by this.

I'm sorry to be the bringer of bad tidings but on the information you've given I don't think that you wife's appeal will succeed. My advice would be to carry on with the appeal but concurrently make a postal application to the embassy in Bangkok for a settlement visa. The embassy will provide your wife with a date for interview. She can then return to Thailand a couple of days beforehand, have the interview, get the visa and be back in the UK within a week. OK, it's expensive but it would get her the visa.

From what you've said the Home Office has not challenged your/your wife's ability to fulfil the other requirements of the immigration rules, so the embassy would be unlikely to do so. Consequently it should be straightforward for her to qualify for the visa.

Cheers,

Scouse.

[markt]

Jaidee, my missus came to the UK on a 6 month tourist visa. Just before it expired we applied for, and got, ILR.

Looking back i realise how fortunate we were, reading your experience.

Good Luck.

[Liverish]

they have strict new rules about visas for fiancee , if you get a tourist visa then get married on the sly or want to extend they dont like it and wont play ball.

basicaly they have been had by other guys doing this hence the strict rules.

you would think that as you are married she could remain without trouble but they dont see it like that .

one of my neighbours is married to a thai girl, she came over on a 6 month visa ,but they wouldnt extend it and she had to go back home.

he is struggling to get her over to the UK full time.

he has a place to live etc ....

you are 1 of many to have these problems ..

[Khun ?]

File on behalf of disability you have. Get a doctors statement that the wife is helping you. I can see the reason why they do not let your wife have the change in visa.

To many third world countries do this as a way of income. In the USA if you come the legal way you cannot stay beyond the visa time. If you come by illegal ways you can put your children in school and get medical treatment, and they are not allowed to ask you your status and unless you commit a criminal act. You can never be questioned if you are of legal status. They help the economy so much like drive down the price of wages cause tax payers billions in cost and send all their earnings back home.

[Martin_F]

They have changed the rules and a conversion from VV to SV is not possible, unless you can pull some strings, ie as taxexile suggests local newspaper and MP. But the problem is the time angle and you certainly don't want overstay stamps in your wife's passport, especially if she in the end has to come back to LOS.

I don't know if this helps, but are there any possibilities of applying in Dublin or some other European city for a settlement visa or is the process just a bad a BKK.

But probably the costs of lawyers etc or staying in another European city would be more than a visit to LOS. The cheapest flights appear to be around THB20K return Kuwait Airlines or the Thai startup.) Maybe the whole process could be sorted out in a short time if you can phone the UK embassy and explain, if you are still in a situation that requires care.

Therefore you are looking at a total cost in the region of THB40,000 for your wife to get the visa. It appears that you have a strong case, but please remeber the photos to show the embassy.

Good luck.

[the scouser]

They have changed the rules and a conversion from VV to SV is not possible, unless you can pull some strings, ie as taxexile suggests local newspaper and MP. But the problem is the time angle and you certainly don't want overstay stamps in your wife's passport, especially if she in the end has to come back to LOS.

I don't know if this helps, but are there any possibilities of applying in Dublin or some other European city for a settlement visa or is the process just a bad a BKK.

Jaidee1's wife will be allowed to remain in the UK until the appeal is determined without being classed as an overstayer. A person should apply for a visa at the embassy in the country in which they are normally resident; in this case Thailand. The British embassy in Dublin would probably decline to consider an application.

I still believe that the best option is to submit a postal application whilst his wife is still in the UK and for her to return for the interview in c. 12 weeks' time.

Scouse.

[SK1972]

I had just been involved in a major Road Traffic Accident resulting in the amputation of my right leg & a large metal plate inserted in my hip

Sorry to hear about your mishap. However, do you think your application will be approved? Would they not want prove that you are able to support her and be responsible for her? Does your "physical" condition affect your "ability" to support her? I am not sure whether you are employed or self-employed but I think they would also take that into consideration.

The other issue would be whether your fiance is able to find a job there and support herself if you are not able to provide for her.

She has just been refused a visa to remain in the UK as my wife. The reason given is the fact that she applied for & entered the country with the wrong visa. She was given a 6 month visitors visa instead of a fiancee visa.

I am not sure whether the embassy in BKK made a mistake or were just trying to help. I doubt you could obtain a fiance visa for her then as you were just involved in a major accident (possible unemployed or not able to work?). They could have sensed that you wanted her to go with you no matter what and they issued her a tourist visa instead.

I have known the Brit Embassy her to be able to help out many of the Brits here and they have no problems so far.

I am just thinking out aloud here....... I am sure you will get it sorted. If she has to return without your first, then so be it, so long as she gets to go back to UK again. I dont see a big deal in it.

Good luck.

[dirtyrider]

Doesnt human rights come in to all this visa mlarky.

Isnt it anybodys right to live with and marry anyone they want.

Isnt there any argument for human rights??

[the scouser]

Doesnt human rights come in to all this visa mlarky.

Isnt it anybodys right to live with and marry anyone they want.

Isnt there any argument for human rights??

Article 8 of the Human Rights Act 1998 provides that everyone has the right to a private and family life. HOWEVER, this right is not absolute and is secondary to the interests of the state which reserves its right to operate a "firm but fair" immigration control.

Cheers,

Scouse.

[dirtyrider]

Doesnt human rights come in to all this visa mlarky.

Isnt it anybodys right to live with and marry anyone they want.

Isnt there any argument for human rights??

Article 8 of the Human Rights Act 1998 provides that everyone has the right to a private and family life. HOWEVER, this right is not absolute and is secondary to the interests of the state which reserves its right to operate a "firm but fair" immigration control.

Cheers,

Scouse.

You know your stuff m8!

[jaidee1]

Back again except this time I am in Thailand. We are about to apply for a settlement visa at the embassy in BKK. Not sure of the timescale involved or what we have to do.

Do we just turn up at the embassy with all the necessary paperwork. If we get there early enough (6/7am) will we get an interview the same day or will we have to wait up to 12 weeks for an interview.

The major factor for us is the time involved in all of this (dont want to blow a load of money just waiting for an interview).

The only reason she was turned down for the visa was because she entered the country on the wrong visa (vv), no other aspect of our application was questioned.

In my mind this is my wife, I can support her, my dissability does not affect my job prospects & we also have a good sponsor in the UK.

All I want to do is live with my wife in my own country. She is also pregnant, if they turn us down again then my wife and child cannot live with me???? This is major bullshit in my opinion. She is not just after a visa, we love each other.

Paul.

[the scouser]

Paul,

All settlement applicants are interviewed and unfortunately you may have to wait a prolonged period; the last I checked it was 12 weeks. What occurs on the day the application is lodged is a screening interview: the main one comes later. You may have been better off doing as I originally advised, i.e. making a postal application to the embassy in BKK from the UK and then returning to Thailand nearer the date of interview. However, ask to speak to the Entry Clearance Manager, explain the circumstances of your wife's application and he may expedite the interview.

On a more positive note, providing that the Home Office refused your wife solely on the basis that she entered the UK on the wrong visa, then she is more than likely to qualify for the settlement visa, especially if she is pregnant. Make sure that this fact is brought to the attention of the visa officer, preferably by including it in a covering letter to accompany your wife's application. Supply the same documents to the embassy as you did to the Home Office but make sure they are up-to-date, not 2 or 3 months old.

Best of luck,

Scouse.