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Posted

I am writing to ask some advice with regards to my wifes failed visa application. I fully appreciate that the Embassys must be very busy at this time due to the recient tsunami disaster so I will be as brief as possible. I met my wife 12 months ago in Songkhlar and we married 3 months ago. She applied for a visa to come and stay with me in England for 3 mths but was rejected on the grounds that I couldn't afford to support her. I wish to challenge this fallacy as the bank statements and pay slips that I sent to my wife in support of her application clearly show that I am more than capable of taking care of her. I also provided proof that she will have a place to stay if she was successful. I would like to know the process in which i can appeal this unjust decession and if there is a specific type of visa she should be applying for. Any words of advice will be very gratefully recieved as both my wife and myself are devastated.

Yours respectfuly

Karl lucas

Posted (edited)

Wrong thread mate.

Go to the visa section, other countries, post your q and do a search for posts by Scouse.(sp?)

Edited by udon
Posted

you are married but only want her to stay with your 3 months? You have other wives. :o

If you are newly married and it is a tourist type visa she applied for there would likely be a great deal of concern that she might not be planning to return to Thailand.

If you plan to live in UK you should probably be looking at settlement visa application and believe your Embassy in Bangkok has a good rundown on it's website as to what is required.

As other poster said am sure Scouse will be along with good advise when he reads this. Good luck.

Posted

Yeah, Scouse will have bags of good advice. But I feel a bit sorry for the chap at times - always having to repeat himself. If you look around the post in here you'll find a lot of information on the subject, then you can ask a more specific question.

Here, I'll even post some snips of info...

It's up to you if you want the settlement visa or not but it probably will be easier, here are the requirements

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

( the applicant is married to a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married at least 4 years ago, since which time they have been living together outside the United Kingdom; and

(ii) the parties to the marriage have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

---------------------------------------------------------------------------------

290. The requirements to be met by a person seeking leave to enter the United Kingdom as a fiancé(e) are that:

(i) the applicant is seeking leave to enter the United Kingdom for marriage to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

(ii) the parties to the proposed marriage have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse after the marriage; and

(iv) adequate maintenance and accommodation without recourse to public funds will be available for the applicant until the date of the marriage; and

(v) there will, after the marriage, be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(vi) the parties will be able after the marriage to maintain themselves and any dependants adequately without recourse to public funds; and

(vii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

But Scouse might have some good ideas as to where it went wrong.

Posted

Rubberneck,

I am assuming that it was a visit visa that your wife sought. If so, then there should be a right of appeal as it would be construed as a family visit. The visa officer should have given your wife the appeal papers at the time of her refusal. These should be submitted to the embassy within 28 days of the original decision.

It is difficult to advise exactly where things went wrong without knowing the full circumstances; e.g. do you live in Thailand or the UK? What job do you do? What was written in the refusal notice, etc. However, if you live in the UK, it is likely that what was uppermost in the visa officer's mind was that you were trying to get your wife in on a visit visa rather than apply for a settlement visa. Again on the assumption that you are UK-based, why do you want your wife to come to the UK for only 3 months?

If you wish to post further details I may be able to be of more assistance. If you'd rather not then PM me if you want to.

Cheers,

Scouse.

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