Uk Settlement

[Thongkorn]

Best Wishes and good luck for the future.

[dean999]

This is SHOCKING about your wife geting refused !! What does knowing your family have to do with anything???? ITs you and her that are in a relationship right, not you and her and your family ! What would be the problem with if she had never ever met your family? which is of course probable being from 2 countries at oposite sides of the world.

You have to write to Gerry Grant about this... Dont let it go cold ! If you are a genuine couple that has been together for years then you have the right to be very very upset about this. Bearing this in mind, act professional with him, not angry. Address there points, with facts.... get it overturned ...

Will do. Just waiting for the letter from the wife. She said it was three pages long some i'm a little concerned to say the least. I think theres more to it; cant say cause haven't got the letter yet.

Thank you all for your advice and support. Once again this forum has made me feel better.

Just got of the phone to the wife, she has told me a lot more info. still waiting for the letter though.

In a nut shell, if your wife is going to have an interview tell her to stand her ground and don't let them put words into her mouth. They will rush through questions and they wont give your partner chance to work it out. They just say you don't know. The thai person that was translating for my wife was saying things like so your husband is 11 years younger than you, thats not right. Then giving her view to the english embassy man. Basically i dont want to scare anyone but they will make your wife confussed if she doesn't take control of the situation. My wife thought if she argued or put her foot down she would be refused.

I can't wait to see this letter, sounds like <deleted> to me. Jumped up embassy workers. Little hitler.

[dean999]

This is SHOCKING about your wife geting refused !! What does knowing your family have to do with anything???? ITs you and her that are in a relationship right, not you and her and your family ! What would be the problem with if she had never ever met your family? which is of course probable being from 2 countries at oposite sides of the world.

You have to write to Gerry Grant about this... Dont let it go cold ! If you are a genuine couple that has been together for years then you have the right to be very very upset about this. Bearing this in mind, act professional with him, not angry. Address there points, with facts.... get it overturned ...

Will do. Just waiting for the letter from the wife. She said it was three pages long some i'm a little concerned to say the least. I think theres more to it; cant say cause haven't got the letter yet.

Thank you all for your advice and support. Once again this forum has made me feel better.

Just got of the phone to the wife, she has told me a lot more info. still waiting for the letter though.

In a nut shell, if your wife is going to have an interview tell her to stand her ground and don't let them put words into her mouth. They will rush through questions and they wont give your partner chance to work it out. They just say you don't know. The thai person that was translating for my wife was saying things like so your husband is 11 years younger than you, thats not right. Then giving her view to the english embassy man. Basically i dont want to scare anyone but they will make your wife confussed if she doesn't take control of the situation. My wife thought if she argued or put her foot down she would be refused.

I can't wait to see this letter, sounds like <deleted> to me. Jumped up embassy workers. Little hitler.

I am attaching the letter of refusal. Any advice.

[borodave]

Section 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:

(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;

Did you show proof of accommodation in the UK ?

Also she failed to show her divoice papers, Has she got divoice papers ?

If you have the two mentioned above then you need to fax them with your apeal

It was not the reason "not known your family" as you mentioned, it sounds to me she did not have a clue about your life in the UK. Normal questions are where you live in UK, brothers sisters names etc.. , if you have had a relationship together then she should know a little of your family life.

Edited August 8, 2009 by borodave

[borodave]

Sorry never finished as I was distracted with other business.

She did not know your birthday and i think why there questioned her about how older she was to you

He refers to her previous relationship not ending till July 2008, this means that the two of you have only been in a relationship 1 year.

He says he is not happy a relationship has taken place

Letters and some phone calls don’t show a relationship, You need to show evidence you have been in a relationship and living together for at least 2 years, photos together Ect..

Personally I think you need to wait a year, keep as much evidence that you can to show a relationship has taken place and submit another application. Has he states Article 8 of human rights Act, you can continue your relationship together in Thailand.

But hope someone here can give you better advice on continuing this application

good luck Dean.

Edited August 9, 2009 by borodave

[dean999]

Sorry never finished as I was distracted with other business.

She did not know your birthday and i think why there questioned her about how older she was to you

He refers to her previous relationship not ending till July 2008, this means that the two of you have only been in a relationship 1 year.

He says he is not happy a relationship has taken place

Letters and some phone calls don't show a relationship, You need to show evidence you have been in a relationship and living together for at least 2 years, photos together Ect..

Personally I think you need to wait a year, keep as much evidence that you can to show a relationship has taken place and submit another application. Has he states Article 8 of human rights Act, you can continue your relationship together in Thailand.

But hope someone here can give you better advice on continuing this application

good luck Dean.

Thank you for the advice.

I showed evidence of my 2 bed flat which i rent from the navy. Married quarter as they used to be called. I don't understand how they can use the public funds as an excuse. My wage is well above everyone that i know. I'm a leading hand in the royal navy. If i can't look after my wife then how is it i have been supporting her why'll she has been in thailand, also paying for a house which we own together, plus i have been out there to visit her, plus i payed for are wedding and party at her village. I gave evidence and they come out with that line about public funds. If she comes to england she will be working, so thats more money.

She had put her devorce paper in her application but then took it out cause VAC told her the application was about me and her and not her ex. I wish i knew this, i would of sent it to the embassy as extra info. Once again bad advice from the vac.

So have you got to be together for 2 years before you apply for a settlement visa. If thats the case then why don't they say that. could of saved my wife and me a lot of hassle and money.

the reason for her late devorce was because she had to wait for her ex husband to go to thailand to sign the papers. I have been in a relationship with my wife since 17th december 2007, so not to short of two yeras. Granted it was a bit naughty of us to be having a relationship why'll she was still married. But why should we be punished for that.

She knew my date of birth. When asked she said 14th jan and then stumbled on the year, she said i was 28 and was about to say the year when he said you don't know and just moved on. I have told her plenty about my family where i work. If she gets confussed and stumbles on some questions then i can't see how thats reason we are not in a loving relationship. She answered a lot of questions correctly and clearly. He is using those minor reasons as justification for his power trip.

[dean999]

Does anyone know a company in Pattaya where my wife can get advice for her appeal?

There are a lot of companys and i'm not there to look with her. She is to trusting.

[drink75]

Well it only took 20 weeks and 3 days and the waiting is over. I fly to Thailand on Monday for a short holiday and our second honeymoon. Then we fly back together, yes! we got the right result this morning visa granted.

Can I just say a big thank you to all who PMd and helped me out.

We still don't know why ours took so long but we can move on now. I will hang around for a while to see what's happing here. And no doubt will need some more advice in the future.

I know what you have all been going through and good luck to all who have applications pending and more luck to all who are in the middle of an appeal.

Regards to all, one happy man.

Congratulations Chewy! After all this time and having seen so many people come and go, you must be over the moon!.

Best of luck with life in England with your other half.

[tjthai]

Hi Dean999

I would suggest Ralph at Davies Khan, based in Liverpool. Telephone 0151 284 7314. He advised us on our settlement application and although we don't know the outcome yet (hopefully soon!) he was very thorough looking through our application and full of advice. I would suggest you give him a call and see the best way forward.

I wish you the best of luck as from what you say the decision seems very harsh. As for your wife 'stumbling' over your actual year of birth it's not surprising - I wonder if the ECO could state his year of birth using the Buddhist calendar!

Chok dee.

[dean999]

Hi Dean999

I would suggest Ralph at Davies Khan, based in Liverpool. Telephone 0151 284 7314. He advised us on our settlement application and although we don't know the outcome yet (hopefully soon!) he was very thorough looking through our application and full of advice. I would suggest you give him a call and see the best way forward.

I wish you the best of luck as from what you say the decision seems very harsh. As for your wife 'stumbling' over your actual year of birth it's not surprising - I wonder if the ECO could state his year of birth using the Buddhist calendar!

Chok dee.

Thank you.

I need a company in Pattaya, as my wife needs help filling out the appeal form. But thank you for the support as well.

Good luck to you and your wife.

[charliemike11]

Hi guys my sister in law was just granted a visa on 5/8/09 to be in the uk for 2 years on a marriage visa. She wants to stay until 11/09/09 so that she will be at her nieces wedding party, Have just been told the visa must be used within 30 days of approval is this true does anyone know?

Thanks

[tjthai]

Hi Dean999

I understand that your Wife needs the reassurance of someone to talk to but as just about all the documents she is providing are documents that you have supplied it is more difficult for her to deal with them and to trust someone else. It's funny we have the opposite situation, we used Davis Khan in the UK but I am in Thailand with my Wife and daughter! It is easier as we are together for support, I know, but if I were in your position I would prefer to handle the appeal form/paperwork myself (getting everything correct) and then courier them to Thailand for submission. Anyway that is only my thinking on it

I wish you both the best of luck and I'm sure it can be resolved.

[DC1066]

Hi Dean999,

I'd echo what TJThai suggests. If you are going to appeal, then use Ralph Davies, he's helped countless people on this forum either officially or with general advice.

With respect though, I disagree with BoroDave.

Firstly, you don't need to show you've been in a relationship and living together for at least two years. Who is to say how long is enough for a relationship to be genuine and how are you going to be able to live together for two years if you are based in the UK whilst your wife is in Thailand. Factually I know lilterally dozens of people that have been granted a visa without being together for two years - my own case included.

More importantly though, by definition, an appeal means that you believe the decision is incorrect based on the evidence submitted and the actual circumstances. If you are planning to appeal you have a specific time period to do so and I'd suggest you start gathering your plans and making your case - with help if needed - immediately.

I'd also suggest you need to do as much of the work as possible, taking the onus off your wife. She'll have enough to deal with, so anything you can do to take off the pressure has got to help.

chok dee krap

Edited August 9, 2009 by DC1066

[TickTock]

Hi Dean999,

I'd echo what TJThai suggests. If you are going to appeal, then use Ralph Davies, he's helped countless people on this forum either officially or with general advice.

With respect though, I disagree with BoroDave.

Firstly, you don't need to show you've been in a relationship and living together for at least two years. Who is to say how long is enough for a relationship to be genuine and how are you going to be able to live together for two years if you are based in the UK whilst your wife is in Thailand. Factually I know lilterally dozens of people that have been granted a visa without being together for two years - my own case included.

More importantly though, by definition, an appeal means that you believe the decision is incorrect based on the evidence submitted and the actual circumstances. If you are planning to appeal you have a specific time period to do so and I'd suggest you start gathering your plans and making your case - with help if needed - immediately.

I'd also suggest you need to do as much of the work as possible, taking the onus off your wife. She'll have enough to deal with, so anything you can do to take off the pressure has got to help.

chok dee krap

You don't need to demonstrate a 2 year relationship/living together. I had 'lived' with my Mrs on two previous visit visas - about six months in total. I'm surprised that the vac 'advised' your Mrs to take out the divorce certificate - as other people have mentioned they just process the application.

[Richard W]

I showed evidence of my 2 bed flat which i rent from the navy. Married quarter as they used to be called. I don't understand how they can use the public funds as an excuse.

Accommodation was not raised as a ground for refusal, though the noticed does not concede that it was accepted. I can't advise on whether you need to reprovide evidence in case it was overlooked or lost.

She had put her devorce paper in her application but then took it out cause VAC told her the application was about me and her and not her ex. I wish i knew this, i would of sent it to the embassy as extra info. Once again bad advice from the vac.

That's definitely got to be furnished with the appeal, along with the explanation. Certified entries of divorces seem relatively easy to get in Thailand.

So have you got to be together for 2 years before you apply for a settlement visa. If thats the case then why don't they say that. could of saved my wife and me a lot of hassle and money.

Because it is no way a requirement if you are actually married - which I presume you are.

the reason for her late devorce was because she had to wait for her ex husband to go to thailand to sign the papers. I have been in a relationship with my wife since 17th december 2007, so not to short of two yeras. Granted it was a bit naughty of us to be having a relationship why'll she was still married. But why should we be punished for that.

The killer is the statement, 'You have stated that your relationship with your ex-husband did not end until July 2008'. The crucial point in the rejection is whether your wife satisfies Rule 281(iii):

"each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting".

Full punishment would have been to refuse on the belief that your wife intends to live with you only until someone better comes along. Or is this indeed what has happened?

I'm not sure how much it would help, but did you show evidence that you are currently supporting your wife?

(Subsequent quotes are in blue because of the forum's objection to point-by-point replies.)

She knew my date of birth. When asked she said 14th jan and then stumbled on the year, she said i was 28 and was about to say the year when he said you don't know and just moved on. I have told her plenty about my family where i work. If she gets confussed and stumbles on some questions then i can't see how thats reason we are not in a loving relationship. She answered a lot of questions correctly and clearly. He is using those minor reasons as justification for his power trip.

Emphasise that she knew when your birthday was. That's the most important part. She only needs your year of birth for forms and pension planning.

I don't like the complaint about vagueness about your details in the UK. As they will not allow pre-settlement visits to the UK for many couples (except for the purposes of marriage), I don't see how they can expect wives to know much about their husband's details in the UK.

Edited August 9, 2009 by Richard W

[theoldgit]

Thank you.

I need a company in Pattaya, as my wife needs help filling out the appeal form. But thank you for the support as well.

I would also suggest you use Ralph, he really is the best in the field, though he is based in the UK I am pretty sure that would be able to help you and your wife from there.

There is a registered OISC advisor in Pattaya, Thai Visa Express, I am pretty sure that he would advise that appeals are not his area of competence and that he would probably advise Ralph Davies.

I certainly wouldn't approach anybody else in Pattaya, or even in Thailand.

[ExoticMatter]

Shocking rejection for Dean999 hope you get it sorted mate:(

For anyone interested wife travelled alone and got asked the following questions at manchester airport;

What is your husbands name?

when was your husband born?

where are you going to live?

how long have you known each other?

when did you get married?

how did you meet each other?

Ironically these were exactly the type of questions we were expecting for the interview that she never had.

TB was not checked but the page long stapled letter about further visas etc was.

[CharlieB]

Letters and some phone calls don't show a relationship, You need to show evidence you have been in a relationship and living together for at least 2 years, photos together Ect..

This is incorrect. You are getting a normal spouse visa mixed up with an unmarried partner/civil partner visa where the couple have to show they have been living together in a relationship akin to marriage for 2 years. There is no time limit on a spouse/fiance visa, but of course, the longer you can show a relationship for, the better. Someone applying for a spouse visa who has just met their new wife a week before is unlikely to get a visa, but someone such as Dean999 should be ok on the length of relationship as they had known each for over 18 months when they put the application in.

Edited August 10, 2009 by CharlieB

[CharlieB]

She had put her devorce paper in her application but then took it out cause VAC told her the application was about me and her and not her ex. I wish i knew this, i would of sent it to the embassy as extra info. Once again bad advice from the vac.

Never listen to a VAC employee over your own knowledge/understanding and remove any evidence from your application. Anyone applying for any kind of spouse or fiance visa should include as much evidence to back up the case as possible. This should include evidence that all/any other marriages have been dissolved. The sad thing is that if this had been included, it may have tipped the scales enough that your wife may not have even been called for interview and the visa may have been granted.

Get your Mrs to get the divorce document asap and get an appeal in.

[marcjaiyenyen]

Well it only took 20 weeks and 3 days and the waiting is over. I fly to Thailand on Monday for a short holiday and our second honeymoon. Then we fly back together, yes! we got the right result this morning visa granted.

Can I just say a big thank you to all who PMd and helped me out.

We still don't know why ours took so long but we can move on now. I will hang around for a while to see what's happing here. And no doubt will need some more advice in the future.

I know what you have all been going through and good luck to all who have applications pending and more luck to all who are in the middle of an appeal.

Regards to all, one happy man.

EXCELLENT RESULT CHEWY AND MRS CHEWY SO HAPPY FOR YOU BOTH, ENJOY YOUR LIFES TOGETHER ALL THE BEST FOR THE FUTURE

[gregchambers]

Unless it has changed again, only the applicant is allowed into VAC room and it is unlikely that most Thai women will do anything but agree with someone in a position of apparent power - whilst the VAC employees have no power in the decision obviously, they do have a checklist they are supposed to go through and if the application goes through with something obviously missing they have some comeback from the embassy - which is why they get the applicant to sign off the omission if they insist on putting it through. So if some idiot says the divorce papers are not needed it is unlikely that the woman will have enough front or knowledge to argue

She had put her devorce paper in her application but then took it out cause VAC told her the application was about me and her and not her ex. I wish i knew this, i would of sent it to the embassy as extra info. Once again bad advice from the vac.

Never listen to a VAC employee over your own knowledge/understanding and remove any evidence from your application. Anyone applying for any kind of spouse or fiance visa should include as much evidence to back up the case as possible. This should include evidence that all/any other marriages have been dissolved. The sad thing is that if this had been included, it may have tipped the scales enough that your wife may not have even been called for interview and the visa may have been granted.

Get your Mrs to get the divorce document asap and get an appeal in.

[dean999]

She had put her devorce paper in her application but then took it out cause VAC told her the application was about me and her and not her ex. I wish i knew this, i would of sent it to the embassy as extra info. Once again bad advice from the vac.

Never listen to a VAC employee over your own knowledge/understanding and remove any evidence from your application. Anyone applying for any kind of spouse or fiance visa should include as much evidence to back up the case as possible. This should include evidence that all/any other marriages have been dissolved. The sad thing is that if this had been included, it may have tipped the scales enough that your wife may not have even been called for interview and the visa may have been granted.

Get your Mrs to get the divorce document asap and get an appeal in.

I don't think you understand what i wrote. I didn't know vac had taken it out. Else i would of sent it to the embassy as extra info.

Thing is you can't get married unless you are both devorced.

[CharlieB]

Unless it has changed again, only the applicant is allowed into VAC room and it is unlikely that most Thai women will do anything but agree with someone in a position of apparent power - whilst the VAC employees have no power in the decision obviously, they do have a checklist they are supposed to go through and if the application goes through with something obviously missing they have some comeback from the embassy - which is why they get the applicant to sign off the omission if they insist on putting it through. So if some idiot says the divorce papers are not needed it is unlikely that the woman will have enough front or knowledge to argue

She had put her devorce paper in her application but then took it out cause VAC told her the application was about me and her and not her ex. I wish i knew this, i would of sent it to the embassy as extra info. Once again bad advice from the vac.

Never listen to a VAC employee over your own knowledge/understanding and remove any evidence from your application. Anyone applying for any kind of spouse or fiance visa should include as much evidence to back up the case as possible. This should include evidence that all/any other marriages have been dissolved. The sad thing is that if this had been included, it may have tipped the scales enough that your wife may not have even been called for interview and the visa may have been granted.

Get your Mrs to get the divorce document asap and get an appeal in.

Yes, I am aware that only the applicant is allowed in the centre and that many thai women would probably go along with what is being said, but divorce papers are on the checklist of items to include. In fact, on the VAF4 form, divorce papers are on their twice, under the personal details section and again in the settlement section, so there should be no reason for a VAC employee to say these are not required.

There is also nothing wrong with the applicant coming out and consulting with their partner if he is there. My wife came out twice to consult with me when she handed her application in. Anyone going through this process soon should get the info together and tell their other half that she should in no circumstance take anything out of it, even if the person behind the counter says it's not necessary. It's better to provide them with too much evidence and proof than risk too little. The ECO only has what he can see in front of him at the time of application. He can't fill in gaps and a good covering letter drawing his attention to each item of proof and their relevance is an absolutely essential part of the application.

[CharlieB]

She had put her devorce paper in her application but then took it out cause VAC told her the application was about me and her and not her ex. I wish i knew this, i would of sent it to the embassy as extra info. Once again bad advice from the vac.

Never listen to a VAC employee over your own knowledge/understanding and remove any evidence from your application. Anyone applying for any kind of spouse or fiance visa should include as much evidence to back up the case as possible. This should include evidence that all/any other marriages have been dissolved. The sad thing is that if this had been included, it may have tipped the scales enough that your wife may not have even been called for interview and the visa may have been granted.

Get your Mrs to get the divorce document asap and get an appeal in.

I don't think you understand what i wrote. I didn't know vac had taken it out. Else i would of sent it to the embassy as extra info.

Thing is you can't get married unless you are both devorced.

I know and I wasn't blaming you or having a go in any way. I was really trying to get this point over to anyone who may be browsing this thread now with a wife/husband who may be about to apply.

Yes, normally you can't get married without being divorced, but bigamy exists and people do get remarried without the bother of divorce, especially if they have been seperated for a number of years. ECO's can only go on the info in front of them and the timing of your relationship and her divorce overlaps, so he had to take this into account when considering the application.

[true blue]

Shocking rejection for Dean999 hope you get it sorted mate:(

For anyone interested wife travelled alone and got asked the following questions at manchester airport;

What is your husbands name?

when was your husband born?

where are you going to live?

how long have you known each other?

when did you get married?

how did you meet each other?

Ironically these were exactly the type of questions we were expecting for the interview that she never had.

TB was not checked but the page long stapled letter about further visas etc was.

cheers for info,interesting have primed missus,though i will be with her,thanks agian

[sumrit]

Shocking rejection for Dean999 hope you get it sorted mate:(

For anyone interested wife travelled alone and got asked the following questions at manchester airport;

What is your husbands name?

when was your husband born?

where are you going to live?

how long have you known each other?

when did you get married?

how did you meet each other?

Ironically these were exactly the type of questions we were expecting for the interview that she never had.

TB was not checked but the page long stapled letter about further visas etc was.

cheers for info,interesting have primed missus,though i will be with her,thanks agian

Don't forget you can go through the same immigration gate as your wife when you arrive in the UK, the immigration officer has always directed any questions to me rather than my wife when we've done this, and it just makes life easier after a long flight. The only time I went through the UK/EU channel and my wife went through the non EU one her queue was held up while I went through quickly, then nobody would tell me where she was or what the holdup was and I was left waiting and worrying for about an hour before she came through. I wouldn't do that again.

[tjthai]

uaelaelil

We wish you both GOOD LUCK for tomorrow!

[uaelaelil]

Thanks tjthai

Its in the lap of the gods now, so fingers crossed.

Have sent her more info that should help etc new visa stamps in my passport, phone bills, photos of leaveing party we had at my parents, even my mum sent her there phone bill to show shes been phoneing my wife also.

But prepared for anything.

[uaelaelil]

Well she has had her interview

But no answer yes or no given at her interview =/

They said they would get back to her later today or in the next few days =/

She answered all her questions ok as far as im aware.

Starting to worry now

[tjthai]

Well we have everything crossed for you both