Both Separated But Visa Refused

[gordontwo]

Hi

wonder if anyone here has experienced this situation.

Applied for a tourist visa for my Thai girlfriend and supplied all the information that is recommended eleswhere on this site, proof of income, relationship, communication, accomodation etc.

I am from the UK and have been separated from my wife for 15 months and going through a divorce settlement procedure just now. My Thai girlfriend is also separated from her husband and has been for 7 years although she has not sorted out an official divorce.

She was refused a visa on the grounds that we were still married.

Is this a normal grounds for refusal of a tourist visa or is there any way we can get around this?

I would be greatful for any advise on this.

[Mario2008]

Questions about visas for other countries than Thailand are best asked in the following section:

http://www.thaivisa.com/forum/Visas-migrat...ntries-f25.html

Ask a mod to move it to there.

[Eff1n2ret]

"She was refused a visa on the grounds that we were still married.

Is this a normal grounds for refusal of a tourist visa ......?"

An applicant's (or sponsor's) marital status would not in itself provide grounds for refusal of a visit visa, but there must be more to it than that.

If you are able to publish the complete and exact wording of the refusal notice, deleting any personal identifiers, it may be possible to give you some pointers. She won't have a right of appeal, but if there are some factors which were overlooked, you might ask the Entry Clearance Manager for a reconsideration. Failing that, she would just have to apply again, taking care to address the points raised in the refusal notice.

[gordontwo]

"She was refused a visa on the grounds that we were still married.

Is this a normal grounds for refusal of a tourist visa ......?"

An applicant's (or sponsor's) marital status would not in itself provide grounds for refusal of a visit visa, but there must be more to it than that.

If you are able to publish the complete and exact wording of the refusal notice, deleting any personal identifiers, it may be possible to give you some pointers. She won't have a right of appeal, but if there are some factors which were overlooked, you might ask the Entry Clearance Manager for a reconsideration. Failing that, she would just have to apply again, taking care to address the points raised in the refusal notice.

[gordontwo]

"She was refused a visa on the grounds that we were still married.

Is this a normal grounds for refusal of a tourist visa ......?"

An applicant's (or sponsor's) marital status would not in itself provide grounds for refusal of a visit visa, but there must be more to it than that.

If you are able to publish the complete and exact wording of the refusal notice, deleting any personal identifiers, it may be possible to give you some pointers. She won't have a right of appeal, but if there are some factors which were overlooked, you might ask the Entry Clearance Manager for a reconsideration. Failing that, she would just have to apply again, taking care to address the points raised in the refusal notice.

Ok I will get the full details of her refusal and post it later today

[paully]

"She was refused a visa on the grounds that we were still married.

Is this a normal grounds for refusal of a tourist visa ......?"

An applicant's (or sponsor's) marital status would not in itself provide grounds for refusal of a visit visa, but there must be more to it than that.

Actually, I suspect that there probably wasn't more to it. It may sound like nit-picking or excessively officious but the officials are, strictly, correct. There is bound to be a suspicion raised if a sponsor is still married but wishes to invite over his girlfriend who is, herself, still formally married to another man. The OP needs to go through with his own divorce first and then get her to put in another application.

Edited December 17, 2008 by paully

[Eff1n2ret]

"She was refused a visa on the grounds that we were still married.

Is this a normal grounds for refusal of a tourist visa ......?"

An applicant's (or sponsor's) marital status would not in itself provide grounds for refusal of a visit visa, but there must be more to it than that.

Actually, I suspect that there probably wasn't more to it. It may sound like nit-picking or excessively officious but the officials are, strictly, correct. There is bound to be a suspicion raised if a sponsor is still married but wishes to invite over his girlfriend who is, herself, still formally married to another man. The OP needs to go through with his own divorce first and then get her to put in another application.

Perhaps you are confusing visit with marriage or spouse applications. There is no provision in the Immigration Rules to refuse a visit visa because the applicant and sponsor are not free to marry. This application might have been refused because the ECO has chosen to extrapolate from their marital status that they are insufficiently well known to each other for the applicant to have a credible reason to visit the sponsor, but if evidence of contact has been supplied such as would be sufficient to establish a friendship in any other case, then the decision is unfair and the OP should try to get it overturned.

But let's wait and see what the refusal notice says.

[paully]

"She was refused a visa on the grounds that we were still married.

Is this a normal grounds for refusal of a tourist visa ......?"

An applicant's (or sponsor's) marital status would not in itself provide grounds for refusal of a visit visa, but there must be more to it than that.

Actually, I suspect that there probably wasn't more to it. It may sound like nit-picking or excessively officious but the officials are, strictly, correct. There is bound to be a suspicion raised if a sponsor is still married but wishes to invite over his girlfriend who is, herself, still formally married to another man. The OP needs to go through with his own divorce first and then get her to put in another application.

Perhaps you are confusing visit with marriage or spouse applications. There is no provision in the Immigration Rules to refuse a visit visa because the applicant and sponsor are not free to marry. This application might have been refused because the ECO has chosen to extrapolate from their marital status that they are insufficiently well known to each other for the applicant to have a credible reason to visit the sponsor, but if evidence of contact has been supplied such as would be sufficient to establish a friendship in any other case, then the decision is unfair and the OP should try to get it overturned.

But let's wait and see what the refusal notice says.

She would, of course, have been coming to the UK as the girlfriend of the already married sponsor, not 'a friend' or 'a former colleague'. It was the OP who stated his understanding that she was refused on the grounds of existing marriage, not me.

But, as you say, see what the formal refusal notice says.

Edited December 17, 2008 by paully

[tmwke]

Hi

wonder if anyone here has experienced this situation.

Applied for a tourist visa for my Thai girlfriend and supplied all the information that is recommended eleswhere on this site, proof of income, relationship, communication, accomodation etc.

I am from the UK and have been separated from my wife for 15 months and going through a divorce settlement procedure just now. My Thai girlfriend is also separated from her husband and has been for 7 years although she has not sorted out an official divorce.

She was refused a visa on the grounds that we were still married.

Is this a normal grounds for refusal of a tourist visa or is there any way we can get around this?

I would be greatful for any advise on this.

In 2003 i was married but seperated I applied for a tourist visa for my Thai girlfriend and supplied ALL nesassary documents to bring her to the Uk as a friend. The visa was granted but i did have Full documentation !

[gordontwo]

Hi

wonder if anyone here has experienced this situation.

Applied for a tourist visa for my Thai girlfriend and supplied all the information that is recommended eleswhere on this site, proof of income, relationship, communication, accomodation etc.

I am from the UK and have been separated from my wife for 15 months and going through a divorce settlement procedure just now. My Thai girlfriend is also separated from her husband and has been for 7 years although she has not sorted out an official divorce.

She was refused a visa on the grounds that we were still married.

Is this a normal grounds for refusal of a tourist visa or is there any way we can get around this?

I would be greatful for any advise on this.

In 2003 i was married but seperated I applied for a tourist visa for my Thai girlfriend and supplied ALL nesassary documents to bring her to the Uk as a friend. The visa was granted but i did have Full documentation !

I am still waiting for my girlfriend to send me a copy of the refusal letter, should get it tomorrow, however I did supply what i thought was the full documentation.

A letter from me as the sponser saying that I would pay all her costs ( I carry out short term work in Thailand) and stated that I would ensure she would return as I would not want to jeapordise any future work in the country, or jeapordise any future visa applications if our relationship developed. I supplied bank statements and company accounts showing I had enough money. I supplied a years worth of mobile phone bills showing daily calls/texts to her mobile. Copy of my passport showing I had been to Thailand eleven times this year. Pictures of us together in Thailand and on holiday in Malaysia and Singapore. Copy of utility bills, copy of the title deeds for my house. A copy of my solicitors bills for my pending divorce settlement. Don't know if I missed anything there, the application was 1/2 inch thick!!.

She was training as a student nurse and I had been helping her financially. She does not have savings or property. She has a 7 year old child being looked after by her parents, who have been looking after her for the last 4-5 years.

So there we have it, need to get a look at the refusal letter though to understand the reasons

[sumrit]

"She was refused a visa on the grounds that we were still married.

Is this a normal grounds for refusal of a tourist visa ......?"

An applicant's (or sponsor's) marital status would not in itself provide grounds for refusal of a visit visa, but there must be more to it than that.

Actually, I suspect that there probably wasn't more to it. It may sound like nit-picking or excessively officious but the officials are, strictly, correct. There is bound to be a suspicion raised if a sponsor is still married but wishes to invite over his girlfriend who is, herself, still formally married to another man. The OP needs to go through with his own divorce first and then get her to put in another application.

Before my wife and I were married we lived together in Thailand and she had two separate tourist visa's to visit the UK whilst still my girlfriend, even though I was still legaly married back in the UK. In fact she had two visa's while I was married to somebody else and a third after Iwas divorced but before we got married. So I don't think being married to somebody else could be the real reason for refusal.

[paully]

^ Did you explain the position fully in the application? I expect, like tmwke, you did

[sumrit]

^ Did you explain the position fully in the application? I expect, like tmwke, you did

We answered all the questions truthfully, honestly and in full. We didn't lie about anything or miss anything out. I might add my wife (g/f) never had to have an interview either.

[PhilHarries]

A letter from me as the sponser saying that I would pay all her costs ( I carry out short term work in Thailand) and stated that I would ensure she would return as I would not want to jeapordise any future work in the country, or jeapordise any future visa applications if our relationship developed. I supplied bank statements and company accounts showing I had enough money. I supplied a years worth of mobile phone bills showing daily calls/texts to her mobile. Copy of my passport showing I had been to Thailand eleven times this year. Pictures of us together in Thailand and on holiday in Malaysia and Singapore. Copy of utility bills, copy of the title deeds for my house. A copy of my solicitors bills for my pending divorce settlement. Don't know if I missed anything there, the application was 1/2 inch thick!!.

She was training as a student nurse and I had been helping her financially. She does not have savings or property. She has a 7 year old child being looked after by her parents, who have been looking after her for the last 4-5 years.

So there we have it, need to get a look at the refusal letter though to understand the reasons

The only thing I can think is you perhaps didn't stress her reason to return strongly enough. You mentioned it almost as an afterthought or background information. From what I've picked up ove ther years it seems that is the single most important thing they look for when granting a visa. Was the information in red prominently displayed in the application? Also, you say she was training as a nurse. What is her current status of employment and was that included?