Uk Settlement

[mikeyp]

hi GOT IT !!!!!!!!!!!!! today my fiancee get her visa suprich also get visa just trying to get flights now good luck for everybody still waiting

if you find any good bargins,(flights to manchester) can you let us no cheers,best ive found so far is 500quid one way.

flights from bangkok to heathrow with Jet Airlines, bought one way flight for my missus last wek, 13850 baht, worked out at £247, its the best priced i have seen for a long time. I know you asked for manchester flights, but thought this might be of interest to you.

[true blue]

hi GOT IT !!!!!!!!!!!!! today my fiancee get her visa suprich also get visa just trying to get flights now good luck for everybody still waiting

if you find any good bargins,(flights to manchester) can you let us no cheers,best ive found so far is 500quid one way.

flights from bangkok to heathrow with Jet Airlines, bought one way flight for my missus last wek, 13850 baht, worked out at £247, its the best priced i have seen for a long time. I know you asked for manchester flights, but thought this might be of interest to you.

cheers for the thought mike, but got sorted on thursday.

[TickTock]

Unfortuntaely I think Castor got a rejection, he is running a separate thread. Chrisspurs I seem to remember was asked to pick up his Passport ages ago, when he got there was told that thay did not have his passport back and was told to come back tomorrow. Have not heard since, but I assume he has received a Yeah or Nay.

Chew, your situation has got to be unique and I wish you a speedy Visa. I don't know you from Adam, but the Mrs and I are going to have a large one whne you get a result.

Fluid, how are you getting fella? I've seen you logged in but not post, where are you at?

[AndyJoy]

well now i am back from thailand with my wife and we are very happy now. im glad to see all these aplications gone through and times coming down. But whats happenin with yours chewy?? goodluck guys i know how the waiting feels......

[ridgydidge]

Hi everyone. I'm new to the forum and I'm here as my wife has just had her settlement visa refused. Totally gutted, and am about to start the application process again as I heard that appealing the decision takes between 6-12 months. I lived in Thailand for 8 years, own a condo on Sukhumvit where I lived with my wife for 2 years. We've been to England together twice. She wasn't asked for an interview as I don't think our relationship was in question. The refusal said that accommodation and work were an issue, so we're going to re-apply with A LOT of additional evidence about those two points.

If anyone could give me advice about whether to appeal or not, or just resubmit the application with added evidence, or appeal and resubmit??

Any information would help. We are both so gutted its terrible. I sure wish I'd seen Rob's guide 3 months ago!

:D

[rolypie]

Congrats to all you guys, and just a quick note for all you long timers like myself, the wife had the baby tonight, little girl we are over the moon now our new life is complete

[tjthai]

Hi ridgydidge

I'm so sorry to hear you got refused.

May I suggest that you post the actual reasons as per the refusal letter - if you don't mind! I am sure it will help with advice from the forum and hopefully won't worry the rest of us awaiting decisions too much!

TJ

[tjthai]

Hi Mr and Mrs rolypie

I'm not a 'long timer' but just wanted to say congratulations on your new addition

I wish you all the very best for your future together.

[true blue]

Congrats to all you guys, and just a quick note for all you long timers like myself, the wife had the baby tonight, little girl we are over the moon now our new life is complete

congratulations to new mum and of course dad,he must have helped,lots of luck for babys future,chock dee.

[JASON THAI]

Updated list with a few adjustments, for the new page

FEB'S APPLICATIONS

Rob01792 02/2 granted 30/3 - (8 weeks) MONDAY

Chris41 10/2 granted 16/3 - (4 weeks 6 days) MONDAY

Kooyoonii 10/2 granted 04/5 - (11 weeks 6 days) MONDAY

Pikwik 11/2 granted 27/4 - (10 weeks 5 days) MONDAY

Xiengmieng 17/2 granted 24/3 - (5 weeks) TUESDAY

Lindty 18/2 granted 24/4 - (8 weeks 6 days) FRIDAY

Tahaan 18/2 granted 13/5 - (12 weeks) WEDNESDAY

Eddiebabyyeah 20/2 granted 01/4 - (5 weeks 5 days) WEDNESDAY

MARCH'S APPLICATIONS

Tlusername 04/3 granted 15/5 - (10weeks 2 days) FRIDAY

Tricknicky 09/3 granted 23/4 - (6 weeks 3 days) (Special Case) THURSDAY

AnyaDharu 09/3 granted 19/5 - (10weeks 1 day) TUESDAY

Tango7 10/3 granted 12/5 - (9weeks) TUESDAY

Johnson83 11/3 granted 22/5 - (10 weeks 2 days) FRIDAY

Chanthas 12/3 granted 25/5 - (10 weeks 4 days) MONDAY

Gypsymoth 13/3 granted 25/5 - (10 weeks 3 days) MONDAY

chrisspuresbkk1 13/3

Friend Boo 16/3 granted 18/6 - (13 weeks 3 days) THURSDAY

Dave W 16/3 granted 17/6 - (13 weeks 2 days) WEDNESDAY

Stonewall 62 17/3 granted 19/6 - (13 weeks 3 days) FRIDAY

Kennkate 17/3 granted16/6 - (13 weeks) TUESDAY

Chewy 18/3

PeterHThai 19/3 granted 19/6 - (13 weeks 1 day) FRIDAY

Pingit 19/3 Refused 19/6 - ( 13 weeks 1 day ) FRIDAY Decision overturned 15/07 WEDNESDAY

TheFiend 20/3 granted 18/6 - (12 weeks 6 days) THURSDAY

Jaja 20/3 granted 9/7 - (15 weeks 6 days) THURSDAY

Pudsey 23/3 granted 10/7 - (15 weeks 4 days) FRIDAY

Sumrit 24/3 Granted 26/6 - (13 weeks 4 days) FRIDAY

Merangue 25/3 Granted 03/6 - (10 weeks) WEDNESDAY

Domm44 27/3 Granted 22/7- (16 Weeks 5 days)WEDNESDAY

Fluidfusion 27/3 Refused 03/06 - (13 weeks) WEDNESDAY

TickTock 30/3 Granted 19/6 - (11 weeks 4 days) FRIDAY

George & Dragon 30/03 Refused 26/06 (12 weeks 4 days) FRIDAY

Delboy 30/3 Granted 22/06 - (12 weeks 1 day) MONDAY

APRIL'S APPLICATIONS

Borodave 01/4 Granted 24/6 - (12 weeks) WEDNESDAY

JasonThai 02/4 Granted 25/6 - (12 weeks) THURSDAY

Mikeyp 03/4 granted 26/6 - (12 weeks) FRIDAY

Mrburb 03/4 Granted 26/6 - (12 weeks) FRIDAY

Feasantplukka 03/4 Granted 14/7 - (14 week 4 days) TUESDAY

Muaylaosfalang 03/4 Granted 26/6 (12 weeks) FRIDAY

Lerningcurve 07/04 Granted 30/6 (12 weeks) TUESDAY

Bigsy94 07/04 Granted 30/6 (12 weeks) TUESDAY

Kate46 (son) 08/4 Granted 22/7 - (15 WEEKS) WEDNESDAY

AndyJoy 08/4 Granted 21/7 (14 weeks 6 days) TUESDAY

Marcjaiyenyen 08/4 (Applied in Jamaica) granted 7/7 (12 weeks 6 days) TUESDAY

ExoticMatter 09/4 Granted 23/7 (15 weeks) THURSDAY

Dolphy 21/4

Scotland 22/4 Granted 24/07 (13weeks) FRIDAY

Jes5133 24/4 Granted 24/7 (13 Weeks) FRIDAY

Lee888 28/4 Granted 22/7 (12 week 1 Day) WEDNESDAY

CinnamonRoll 29/4 Granted 22/7 - (12 week) WEDNESDAY

Gena 29/4 Granted 22/7 (12 week) WEDNESDAY

Rolypies 29/4 Granted 10/6 - (6 weeks) (Special Case) WEDNESDAY

Castor83 29/4 Refused

TDM 30/4 Granted 24/7 (12 Weeks 1 Day) FRIDAY

MAY'S APPLICATIONS

Nelson111 04/5 Granted 23/7 (11 Weeks 4 Days) THURSDAY

Marky1600 05/05 Ganted 28/7 (12 Weeks) TUESDAY

Wayne Mcclymont 06/5

Alanr 07/5 Granted 28/7 (11 Weeks 5 Days) TUESDAY

Suprich 07/5 Granted 28/7 (11 Weeks 5 Days) TUESDAY

Buzby 11/5 Granted 27/7 (11 weeks) MONDAY

dean999 12/5 Interview??????? 27/7 10 Weeks 6 Days

Dont panic 13/05 Granted 29/07 (11 weeks) WEDNESDAY

Zim 13/5

True blue 14/5 Granted 27/7 (10 weeks 5 days) MONDAY

Spot 15/5 Granted 31/07 (11 weeks) FRIDAY

uaelaelil 20/5

Johnokk 25/5

moodysufc 26/5

Ade2007 29/5

leefreight 29/05

JUNE'S APPLICATIONS

Ajsp9 02/06

Globaleyes 08/06

Hawkinsschris 19/06

Jaggg88 14/06

Thongkorn 23/06

JULY'S APPLICATIONS

tjthai 2/07

Bananaman 30/07

BEST DAY FOR VISA RESULTS

MONDAY 9

TUESDAY 12

WEDNESDAY 13

THURSDAY 7

FRIDAY 17

[TickTock]

Congrats to all you guys, and just a quick note for all you long timers like myself, the wife had the baby tonight, little girl we are over the moon now our new life is complete

Congrats mr n mrs Roly on new baby girl. What name have you choosen? My Mrs is now 30 weeks with a girl too.

[chanthas]

roly thats blinding news mate,congrats to you and your mrs on the new addition to your family,

my mrs is expecting in the middle of september,a bounceing baby boy.

all the best to everyone who has recieved their visas

and all the best to everyone still waiting.

[pingit]

Hi everyone. I'm new to the forum and I'm here as my wife has just had her settlement visa refused. Totally gutted, and am about to start the application process again as I heard that appealing the decision takes between 6-12 months. I lived in Thailand for 8 years, own a condo on Sukhumvit where I lived with my wife for 2 years. We've been to England together twice. She wasn't asked for an interview as I don't think our relationship was in question. The refusal said that accommodation and work were an issue, so we're going to re-apply with A LOT of additional evidence about those two points.

If anyone could give me advice about whether to appeal or not, or just resubmit the application with added evidence, or appeal and resubmit??

Any information would help. We are both so gutted its terrible. I sure wish I'd seen Rob's guide 3 months ago!

Hi Ridgydidge

first of all when did you get refused? I think I can maybe help you here, as our visa go refused also for what sounds like the same reason as yourself. After around 6 weeks of doing many things I was able to get the ECM, Entry Clearance Manager, to overturn the decision locally in Bangkok. The time scale of 6-12 months is true, but only if they wont over turn it locally in Bangkok. If you can convince the ECM with evidence and professionalism, that will clear up the points in the refusal letter Im sure you will get your result. I will be happy to help you with this as I know exactly how you feel, as for us the refusal was just overturn in the middle of July. If you read back on this forum I think from pages 40 and up, you will see my story.

But if you let me know what happened in your refusal letter I will be happy to let you know what I did, with the great help of many people on this amazing forum ! there's lots of people here with great info, so I think you can get this overturned as long as you do have the evidence to back your story up.

have to go just now but will talk to you soon....

What was that other guys name who got refused and started a thread? I cant find his thread, anyone know it???

Thanks Jay

[tjthai]

Pingit has a very good point...

Yes appeals take time but if you can get new documents/information to the ECM ASAP then perhaps a lengthy process can be avoided.

Evaluate the refusal letter, plan a response accordingly and strike while the iron is hot.....as they say!

I wish you the best of luck

[ExoticMatter]

hi GOT IT !!!!!!!!!!!!! today my fiancee get her visa suprich also get visa just trying to get flights now good luck for everybody still waiting

if you find any good bargins,(flights to manchester) can you let us no cheers,best ive found so far is 500quid one way.

well done alanr and everyone sure you deserve it :-)

just checked www.skyscanners.com singapore airline (cheapest) to manchester is 366 and qatar was 416 on certain days (7th Aug).You can bring up cheapest days of the month with tick box.

[Merangue]

Roly congratulations mate.

Sorry i have not been online much so not been posting as had a rather fearsome Ear infection. Seems to be through the worst of it now so will start popping in and supporting you all when i can.

[ridgydidge]

Hi everyone. I'm new to the forum and I'm here as my wife has just had her settlement visa refused. Totally gutted, and am about to start the application process again as I heard that appealing the decision takes between 6-12 months. I lived in Thailand for 8 years, own a condo on Sukhumvit where I lived with my wife for 2 years. We've been to England together twice. She wasn't asked for an interview as I don't think our relationship was in question. The refusal said that accommodation and work were an issue, so we're going to re-apply with A LOT of additional evidence about those two points.

If anyone could give me advice about whether to appeal or not, or just resubmit the application with added evidence, or appeal and resubmit??

Any information would help. We are both so gutted its terrible. I sure wish I'd seen Rob's guide 3 months ago!

Hi Ridgydidge

first of all when did you get refused? I think I can maybe help you here, as our visa go refused also for what sounds like the same reason as yourself. After around 6 weeks of doing many things I was able to get the ECM, Entry Clearance Manager, to overturn the decision locally in Bangkok. The time scale of 6-12 months is true, but only if they wont over turn it locally in Bangkok. If you can convince the ECM with evidence and professionalism, that will clear up the points in the refusal letter Im sure you will get your result. I will be happy to help you with this as I know exactly how you feel, as for us the refusal was just overturn in the middle of July. If you read back on this forum I think from pages 40 and up, you will see my story.

But if you let me know what happened in your refusal letter I will be happy to let you know what I did, with the great help of many people on this amazing forum ! there's lots of people here with great info, so I think you can get this overturned as long as you do have the evidence to back your story up.

have to go just now but will talk to you soon....

What was that other guys name who got refused and started a thread? I cant find his thread, anyone know it???

Thanks Jay

Hi Pingit,

You're a lucky guy, i can't believe that you got it overturned. This is what my refusal letter said:

The Entry Clearance Officer's Decision

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

I have refused your visa application without interview on this occasion because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of section 281 of Immigration Rules in particular, sections (iv) & (v). This decision was made on the merits of this application. However, if you have a previous application and immigration history, this may have been considered.

<<<< (iv) there will be adequate accomodation 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.>>>>>>

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

The Entry Clearance Officer's reasons and supporting evidence

Information given to you by the Visa Application Centre (VFS) - Thailand, our outsource partner, on submission of your application as well as guidance on their website, (www.vfs-uk-th.com) adequately informs visa applicants about the recomended supporting documents to be provided with their application. You have applied for entry clearance to settle with your husband ---- as his spouse. It has not been necessary to interview you in order to reach a decision on this occasion. Your application has therefore been assessed based on information in your application form and supplementary documentaion. However, you have failedto demonstrate that there would be adequate maintenance and accommodation available to you and your spouse as well as dependants without recourse to public funds. I must judge you r application against the criteria laid down in the immigration rules. In making this assesment the credibility of your claimed relationship and your sponsor's circumstances in the United Kingdom are paramount. You were advised at the visa application centre that in order to put the Entry Clearance Officer in the the best position to make the correct decision on your application you should provide correlating evidence of maintenance and accomodation in the UK. You were warned that failure to provide such evidence might have a bearing on the outcome of this application.

I note that you have previously visited the UK and your application states that you and your husband have lived in Thailand for the past 8 years where he has been working for the family business. Your application goes on to state that he will be continuing in this capacity on arrival in the UK. However, there is no evidence of, either his occupation while in Thailand or his impending occupation in the UK (v). Furthermore, you have not provided reasonable evidence in respect of the accommodation you propose to occupy, and I am not satisfied that it is adequate or sufficiently spacious for this purpose. Neither have you produced evidence establishing its present occupancy. (iv)

Having looked and considered all supplementary documentation with your application, I am satisfied on the balance of probability that you have failed to discharge the burden of maintenance and accomodation in your application to the required standard. You have failed to satisfy me that you, your sponsor and any dependant will not recourse to public funds on arrival to the UK.

I therefore refuse your application.

I have considered your application in light of Article 8 of ECHR. While I am satisfied that family life exists in this case, and that refusal of entry clearance will interere with it, I consider the decision justified (and proportionate) in the exercise of immigration control.

If you decide to appeal against the refusal of your application , the decision will be reviewed in conjunction with your grounds of appeal. If you have any additional documentaion which addresses the reasons for refusal, you are strongly advised to submit it with your notice of appeal, as it may be possible to resolve the points at issue without the necessityu for an appeal hearing.

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

Ok, that's it. I hope nobody else here gets anything like this...

My family has a greeting card business, and we used to get our cards printed in bkk and shipped back. {the only evidence i supplied was a letter from my father, the business owner} I now have found some shipping documents showing that we were having cards shipped back} I also taught English for 8 years while I was there, I didn't mention this in my application as I didn't think it was relevant to life in the UK... WRONG {I now have photos of me teaching over the years and a letter of referance from my head teacher stating that I worked there for 8 years} Our business also produces wildlife DVDs. Every year I would return to the UK for a few months in the summer to edit the latest documentary.{ I now have evidence of this with the newspaper articles featuring my father and myself from 2005, saying how I lived and taught English in Bangkok and returned home especially to edit the latest DVD} I am now employed by my father since arriving back in the UK (alone.. 2 months ago) {have contract}

I'm also renting out my condo in Bangkok and now have a 1 year rental contract to show as evidence. Also have the deeds to the condo which I already submitted last time.

As for accomodation, I am living with my parents. They have a 3 bedroom house and live alone. I had 2 photos of the house and a letter from my parents as evidence. {I now have a letter from an estate agent saying the house has 3 bedrooms and can sleep upto 6 people and is suitable for large family. A scale plan of the house from the local council and letter showing my mother and father on the electoral role}.

OK, thats about all I can think of right now... please please please give me some advice Pingit. For anyone else who hasn't yet applied for their visa.. don't let this happen to you.....

[true blue]

hi GOT IT !!!!!!!!!!!!! today my fiancee get her visa suprich also get visa just trying to get flights now good luck for everybody still waiting

if you find any good bargins,(flights to manchester) can you let us no cheers,best ive found so far is 500quid one way.

well done alanr and everyone sure you deserve it :-)

just checked www.skyscanners.com singapore airline (cheapest) to manchester is 366 and qatar was 416 on certain days (7th Aug).You can bring up cheapest days of the month with tick box.

thanks exotic matter,good info will put web site in memory banks,could haved saved myself 50quid if had known earlier.are well mai bin rai.

[tjthai]

ridgydidge

It does look like they were not happy with the supplied documentation, or perhaps, lack of so collect as much additional papers as you can and try and communicate with them. Hopefully it can be done without waiting for an appeal. As we are still waiting for our application I don't know the best way of communicating with them but I'm sure someone here will!

Anyway good luck - I'm sure this can be rectified

[tjthai]

ridgydidge

Just been reading the letter again and also your comments about your parent's house and your income etc and I am guessing, obviously I haven't seen your application, but the two points raised by the letter seem odd unless they didn't see enough evidence of that accomodation and your occupation.

Regarding accomodation I wonder whether the letter from your parents stated that they live alone and therefore there were 2 bedrooms unoccupied - unless you were in one? Also did you include Title Deeds or some 'proof' that your parents actually own the house?

Regarding occupation it doesn't sound like you explained fully or provided evidence of how exactly you derive your income.

As they are not concerned with your relationship or any other issues if these two points can be 'cleared up' I'm sure your Wife will be on her way!

Chok dee

[7by7]

Information given to you by the Visa Application Centre (VFS) - Thailand, our outsource partner, on submission of your application as well as guidance on their website, (www.vfs-uk-th.com) adequately informs visa applicants about the recomended supporting documents to be provided with their application...... You were advised at the visa application centre that in order to put the Entry Clearance Officer in the the best position to make the correct decision on your application you should provide correlating evidence of maintenance and accommodation in the UK. You were warned that failure to provide such evidence might have a bearing on the outcome of this application.......there is no evidence of, either his occupation while in Thailand or his impending occupation in the UK (v). Furthermore, you have not provided reasonable evidence in respect of the accommodation you propose to occupy, and I am not satisfied that it is adequate or sufficiently spacious for this purpose. Neither have you produced evidence establishing its present occupancy. (iv)

If you decide to appeal against the refusal of your application , the decision will be reviewed in conjunction with your grounds of appeal. If you have any additional documentation which addresses the reasons for refusal, you are strongly advised to submit it with your notice of appeal, as it may be possible to resolve the points at issue without the necessityu for an appeal hearing.

So, despite being warned at the VAC, you failed to provide the required evidence. You could have withdrawn the application at that point (without charge), obtained the missing evidence and then submitted a proper application.

Of course the application was refused. ECOs are not mind readers; they need to see documents showing that you meet the requirements; and the rules and guidance clearly state that the onus is on the applicant to provide this evidence.

They have given you the opportunity for a second chance; so do as the refusal notice advises. Submit your appeal notice and include with it all the missing documents to show that you do meet the maintenance and accommodation requirements. There is then a good chance that the ECM will overturn the refusal.

[mikeyp]

Having looked and considered all supplementary documentation with your application, I am satisfied on the balance of probability that you have failed to discharge the burden of maintenance and accomodation in your application to the required standard. You have failed to satisfy me that you, your sponsor and any dependant will not recourse to public funds on arrival to the UK.

look like you need to submit re-appeal as 7by7 mentions.

within my application i submitted "in addition to application" letter stating that we do not wish to have any re-course to public funds, gave 3 years personal banks accounts, and signed letter from my father stating that we could stay at the family home in uk until my wife and i found suitable accomodation (parents own house, 3 bedroom) i did not tell them in letter about size of house or how many rooms are un-occupied. Wife did get visa at the 12 week stage, submitted 4th april 09. Also note i am self employed and did not have any tax returns or businesss docs with me at the time (they where in uk).

JOB/ MONEY and accomodation are the biggest things they are looking for (or unless you have a hidden past). Its all very well stating how long you have been together and about family life in thailand, but its not thailand your wife wants to stay in, its the UK. So make sure you tell them everything they have asked for about your work in UK, what kind of work your wife wants to do, money/ savings and about where you plan to stay. I thought about the biggest thing they will look for is money, and is there enough regular income (not always savings) in your uk job to support the both of you and pay all your outgoings and still not struggle to meet ends. If it means submitting 2 or 3 years bank accounts, do it, dont give them the last 1 or 2 months statements.

just make sure you give them all they need. Its stressful enough without having to go through a re-appeal process.

Good luck with it all in the future

[mikeyp]

Having looked and considered all supplementary documentation with your application, I am satisfied on the balance of probability that you have failed to discharge the burden of maintenance and accomodation in your application to the required standard. You have failed to satisfy me that you, your sponsor and any dependant will not recourse to public funds on arrival to the UK.

look like you need to submit re-appeal as 7by7 mentions.

within my application i submitted "in addition to application" letter stating that we do not wish to have any re-course to public funds, gave 3 years personal banks accounts, and signed letter from my father stating that we could stay at the family home in uk until my wife and i found suitable accomodation (parents own house, 3 bedroom) i did not tell them in letter about size of house or how many rooms are un-occupied. Wife did get visa at the 12 week stage, submitted 4th april 09. Also note i am self employed and did not have any tax returns or businesss docs with me at the time (they where in uk).

JOB/ MONEY and accomodation are the biggest things they are looking for (or unless you have a hidden past). Its all very well stating how long you have been together and about family life in thailand, but its not thailand your wife wants to stay in, its the UK. So make sure you tell them everything they have asked for about your work in UK, what kind of work your wife wants to do, money/ savings and about where you plan to stay. I thought about the biggest thing they will look for is money, and is there enough regular income (not always savings) in your uk job to support the both of you and pay all your outgoings and still not struggle to meet ends. If it means submitting 2 or 3 years bank accounts, do it, dont give them the last 1 or 2 months statements.

just make sure you give them all they need. Its stressful enough without having to go through a re-appeal process.

Good luck with it all in the future

sorry, last reply was for ridgydidge, but general comments for anyone in same position or about to apply for visa.

[TickTock]

Information given to you by the Visa Application Centre (VFS) - Thailand, our outsource partner, on submission of your application as well as guidance on their website, (www.vfs-uk-th.com) adequately informs visa applicants about the recomended supporting documents to be provided with their application...... You were advised at the visa application centre that in order to put the Entry Clearance Officer in the the best position to make the correct decision on your application you should provide correlating evidence of maintenance and accommodation in the UK. You were warned that failure to provide such evidence might have a bearing on the outcome of this application.......there is no evidence of, either his occupation while in Thailand or his impending occupation in the UK (v). Furthermore, you have not provided reasonable evidence in respect of the accommodation you propose to occupy, and I am not satisfied that it is adequate or sufficiently spacious for this purpose. Neither have you produced evidence establishing its present occupancy. (iv)

If you decide to appeal against the refusal of your application , the decision will be reviewed in conjunction with your grounds of appeal. If you have any additional documentation which addresses the reasons for refusal, you are strongly advised to submit it with your notice of appeal, as it may be possible to resolve the points at issue without the necessityu for an appeal hearing.

So, despite being warned at the VAC, you failed to provide the required evidence. You could have withdrawn the application at that point (without charge), obtained the missing evidence and then submitted a proper application.

Of course the application was refused. ECOs are not mind readers; they need to see documents showing that you meet the requirements; and the rules and guidance clearly state that the onus is on the applicant to provide this evidence.

They have given you the opportunity for a second chance; so do as the refusal notice advises. Submit your appeal notice and include with it all the missing documents to show that you do meet the maintenance and accommodation requirements. There is then a good chance that the ECM will overturn the refusal.

From the Mrs' experience with submitting the application at the VAC it feels more like a cursory look through ( ie a completed application form etc) rather than a check on the quality of the information. The patter about being warned at the VAC in ridgydidge's refusal notice is, I believe, standard.

[theoldgit]

From the Mrs' experience with submitting the application at the VAC it feels more like a cursory look through ( ie a completed application form etc) rather than a check on the quality of the information. The patter about being warned at the VAC in ridgydidge's refusal notice is, I believe, standard.

Yes it is, but that is their cover all get out clause.

7by7 is correct in advising that the application should have been, and the appeal needs to be, more robust, the ECO will not, and in all fairness shouldn't have to, second guess the facts behind the evidence supplied by the applicant.

I think the ECO has been fair by advising the applicant to appeal, with the expectation that when the application is reviewed with the supporting evidence, the visa will be issued.

[7by7]

From the Mrs' experience with submitting the application at the VAC it feels more like a cursory look through ( ie a completed application form etc) rather than a check on the quality of the information. The patter about being warned at the VAC in ridgydidge's refusal notice is, I believe, standard.

The staff at the VAC are not ECOs, they have neither the qualifications nor the responsibility to advise on the quality of the evidence. All they can do is advise whether items of evidence are missing; which it appears they did in this case.

Whether an applicant accepts this advice is up to them; if the applicant insists then the VAC must forward the application to the embassy.

[ridgydidge]

From the Mrs' experience with submitting the application at the VAC it feels more like a cursory look through ( ie a completed application form etc) rather than a check on the quality of the information. The patter about being warned at the VAC in ridgydidge's refusal notice is, I believe, standard.

The staff at the VAC are not ECOs, they have neither the qualifications nor the responsibility to advise on the quality of the evidence. All they can do is advise whether items of evidence are missing; which it appears they did in this case.

Whether an applicant accepts this advice is up to them; if the applicant insists then the VAC must forward the application to the embassy.

Actually the people at the VAC were very impressed with the amount of evidence we provided and said it was more than a lot of other people supplied!! So they obviously have no idea what is required otherwise they would have told my wife that they will need more evidence about accommodation etc.

[7by7]

So when the ECO says in the refusal notice

You were advised at the visa application centre that in order to put the Entry Clearance Officer in the the best position to make the correct decision on your application you should provide correlating evidence of maintenance and accommodation in the UK. You were warned that failure to provide such evidence might have a bearing on the outcome of this application

s/he is incorrect?

The document checklist has the following declaration on the bottom

If you choose only to provide some of the above documentation you must sign the following declaration:

I have been advised to provide the above-mentioned documents but I intend to submit my application with limited documents ticked in this checklist. I understand that failure to provide the other documents may result in the refusal of my application.

Signature:.........................….

Was she asked to sign this?

If the VAC accepted the documentation without advising her that it was incomplete, or getting her to sign the declaration above, it may be worth mentioning this in your appeal.

Although, as already said, it is not the VAC staff's responsibility to judge the quality of the evidence.

I repeat, from the note at the bottom of the refusal notice there is a good chance that submitting the missing documents with the appeal notice will result in the refusal being overturned.

Edited August 2, 2009 by 7by7

[ridgydidge]

So when the ECO says in the refusal notice

You were advised at the visa application centre that in order to put the Entry Clearance Officer in the the best position to make the correct decision on your application you should provide correlating evidence of maintenance and accommodation in the UK. You were warned that failure to provide such evidence might have a bearing on the outcome of this application

s/he is incorrect?

The document checklist has the following declaration on the bottom

If you choose only to provide some of the above documentation you must sign the following declaration:

I have been advised to provide the above-mentioned documents but I intend to submit my application with limited documents ticked in this checklist. I understand that failure to provide the other documents may result in the refusal of my application.

Signature:.........................….

Was she asked to sign this?

If the VAC accepted the documentation without advising her that it was incomplete, or getting her to sign the declaration above, it may be worth mentioning this in your appeal.

Although, as already said, it is not the VAC staff's responsibility to judge the quality of the evidence.

I repeat, from the note at the bottom of the refusal notice there is a good chance that submitting the missing documents with the appeal notice will result in the refusal being overturned.

She wasn't advised about any of that, and she didn't sign anything saying that the documentation was incomplete. They were more immpressed with the amount of photos and information substantiating our relationship if anything..

I'm gathering my evidence together now, and then what?? I fax it to the embassy? If anyone could give me some advice about that I would really appreciate it. Hopefully Pingit will get back to me soon and let me know the best procedure.. Thanks all..

Edited August 2, 2009 by ridgydidge

[7by7]

You send it to your wife, who submits it to the embassy with the notice of appeal. Remember that she has only 28 days from the date of the refusal letter to get the notice of appeal lodged.

See Guidance-Appeals (INF 19)