Wife Refused Extention Visa In Uk

[ThaiVisaExpress]

Did you not contact Scouser via the pm i sent you ?

He deals with appeals etc and he is really the man to help you out on this ?

[hardtimes]

As 'Effin Tourette says, have a look at the client care letter with which the IAS will have issued you. That essentially forms the basis of the contract and states any intial advice given.

I'll bet my bottom dollar that it states that the client was told that the Immigration Rules state that such an application is bound to fail, but that there is nothing preventing an in-country application being made on the basis of exceptional circumstances, although any grant of permission to stay will be solely at the discretion of the Secretary of State. If there is no client care letter, then there's no contract.

Hi, as you may have seen from my posts, it seems to me that the IAS stitched me up. I am having to put my self into debt to send my wife back to Thailand and pay for everything again, surly as in every job the IAS are responserble for what they dish out.

[Eff1n2ret]

As 'Effin Tourette says, have a look at the client care letter with which the IAS will have issued you. That essentially forms the basis of the contract and states any intial advice given.

I'll bet my bottom dollar that it states that the client was told that the Immigration Rules state that such an application is bound to fail, but that there is nothing preventing an in-country application being made on the basis of exceptional circumstances, although any grant of permission to stay will be solely at the discretion of the Secretary of State. If there is no client care letter, then there's no contract.

Hi

Believe it or not we never received such a letter, and not only did the IAS adviser know we were on a holiday visa (as I pointed it out strongly) As stated before he said we could not apply for a spousal visa, but we could apply for extension of two years, that we had a 99% chance of succeeding, he told me he could see no problem. This is not in any way a racist thing, but the guy dealing with me was west african (I think) and makes me wonder how much he knows about immigration law in the UK.

Every one here keeps saying I did a wrong thing, our intentions not to stay in england origanally were genuine, then when we changed our minds we went to the IAS for advise as to how to stay.

Well, there's something fishy here.

If you google OISC, it takes you to the website of the Office of Immigration Services Commissioners, and they say this regarding complaints:-

"If you think your immigration adviser has given you poor advice or an inadequate service, you can complain to the Office of the Immigration Services Commissioner (OISC). You can complain about any adviser solicitor, barrister, OISC regulated adviser or unregulated person - even if you didn't find them through the OISC. The OISC can accept complaints from anyone whether or not they received the immigration advice or services themselves. We work to make sure that all advisers give good advice and we take all complaints seriously."

If you can get them to uphold your complaint I don't know whether that would enable you to claim compensation or sue IAS, but even if it doesn't, IAS should be called to account.

Good luck

Hi

If you read further down on the OISC website it list what they can not help you with, one of them being getting a refund or compensation.

No, but if they said your complaint was justified it would give you evidence to pursue your own case against IAS

[spongeman]

But .... by going down this road of complaints / appeals etc., could the OP be stoking the fire too much and drawing unwelcome to his wife when she does come to make the application ? Will the red light flash on somebody's table ?

If he does'nt have the letter showing the incorrect advice he may be better just tget on with it.

[7by7]

They cannot appeal the refusal of the application; the decision by the UKBA was a correct one.

I think, though, that people are suggesting he attempts to obtain some sort of redress from the IAS as it was their incompetance that led to this hopeless application being submitted to the UKBA; and good luck to him if he decides to do so.

[hardtimes]

Well, My wife left yesterday for Thailand. I have never seen her so upset, I was devastated, we have not spent more than two nights apart in 4 years.

She should have the application in by Thursday, anyone know how long this proses takes, if you have all the paper work done correctly, I mean what is the best we can hope for, and the normal time span. I know that it can take a while as I have heard the stories.

[paully]

^ In normal circumstances, the application should only take a few days to process if the supporting paperwork is comprehensive.

However, you'll have noted from other posts that the process appears, of late, to take rather longer perhaps because of cutbacks in the number of staff in the Consulate dealing with the forms.

It also depends on whether they want to interview your wife first - given your situation, which you've outlined above, I suspect they may do before granting her a visa. Keep going, she'll be back with you before too long.

[CharlieB]

Well, My wife left yesterday for Thailand. I have never seen her so upset, I was devastated, we have not spent more than two nights apart in 4 years.

She should have the application in by Thursday, anyone know how long this proses takes, if you have all the paper work done correctly, I mean what is the best we can hope for, and the normal time span. I know that it can take a while as I have heard the stories.

Last year they were taking a week, 2 weeks tops, but since the start of this year they seem to be taking 2 or 3 months.

[hardtimes]

Well, My wife left yesterday for Thailand. I have never seen her so upset, I was devastated, we have not spent more than two nights apart in 4 years.

She should have the application in by Thursday, anyone know how long this proses takes, if you have all the paper work done correctly, I mean what is the best we can hope for, and the normal time span. I know that it can take a while as I have heard the stories.

Last year they were taking a week, 2 weeks tops, but since the start of this year they seem to be taking 2 or 3 months.

My wife is putting her application in today in BKK, I have heard about the Immigration interviews and they can delay matters, have looked for links to book appointments for that interview in advance, does any one have the contact for that, or do you just have to wait for them to contact you..

[kennkate]

Hardtimes this is for you.

If they need to Interview she will be contacted. in the meantime It's a waiting game

I put my wifes aplication in on 17 March Still waiting

It is I am afraid too long but thats life, It's on hold

Was she in the Uk on a visitors visa ?

If she was maybe it would have been better to have got Settlement at the time she got that

I know it's too late now but if you have been together all that time, The visitors visa was allways going to expire.

Best of luck

Edited May 20, 2009 by kennkate

[hardtimes]

Just in case it is not common knowledge my wife went to put in the visa application today, and was turned away, as apparently they are not excepting the hand written visa application forms apparently you must do it online then print it. to save time cost me yet another 1500 baht, for a girl in the visa center to do it. one of the reasons i left Thailand was sick of being ripped off.

[hardtimes]

Hi all.

Here is an update to what has been happening, First, sent my wife back to Bangkok 10 weeks ago, where she put in her application for settlement visa, really frustrating as we have yet top hear anything at all. I don't know what to do now, do I start sending faxes to try and hurry them along, or just leave it be. what do you think?

On a cheerful note. if you read through my posting you will see that we were very badly advised by a IAS, well we complained to them and they apologized and refunded the cash that we had lost, with the bad visa application, so good news there.

cheers all.

[7by7]

On a cheerful note. if you read through my posting you will see that we were very badly advised by a IAS, well we complained to them and they apologized and refunded the cash that we had lost, with the bad visa application, so good news there.

That is good news, at least you have got some of your money back.

As you can see from this thread processing times are unusually long at present; one can only counsel patience, I'm afraid.

[CharlieB]

Hi all.

Here is an update to what has been happening, First, sent my wife back to Bangkok 10 weeks ago, where she put in her application for settlement visa, really frustrating as we have yet top hear anything at all. I don't know what to do now, do I start sending faxes to try and hurry them along, or just leave it be. what do you think?

On a cheerful note. if you read through my posting you will see that we were very badly advised by a IAS, well we complained to them and they apologized and refunded the cash that we had lost, with the bad visa application, so good news there.

cheers all.

Congratulations on the refund. Glad to see you've had a bit of luck. Settlement decisions seem to be taking a long time at the moment, up to around 14 weeks. Hope all goes well for you in your application.

[spongeman]

Yeah best of luck mate.

Hope she is back soon.

[snuggzzz]

Congratulations on getting money returned, I hope the process for yourself and your wife doesn't take too long, good luck

[Socket]

Goodness me,

What is it with this place and the unnecessary flaming and bragging about personal wealth,I couldn't give a hoot what anyones got and what they do with it........it doesn't make anyone better then anyone else or give anyone the right to talk down to people.

OP....I feel for you dude and hope it works out,whatever your initial thinking on this was,you now know it was a short term fix for long term solution that didn't work out.I'm also glad you got your money back from IAS.

I was away from my wife and first child for 5 months on two seperate occasions in the early days of our marriage,I found it very hard,but it's only time,it keeps on ticking away,and hopefully the day will soon come when you meet her at Heathrow.I'm sure there are many of us that have been thru the same separation agony due to whatever circumstance..........you are not alone on this one.

I eventually managed to get my wife into UK on a settlement visa (now indefinite leave to remain) without having a pot to piss in,I didn't own any property or have a career,so it can be done.We did have our first child at the time,so maybe that helped,by being a family unit and not splitting us up,can't say for sure.

Edited July 29, 2009 by Lite Beer
Reply to a deleted post removed. Lite Beer

[bangla]

i haven't read the whole topic because i'm late for work already and have to dart, but if you have a little bit of cash left then you could move to holland / belgium (or anywhere else in the EU) and then your wife has a right to stay with you under EU law.

no visa needed. just passports, marriage cert and a lease for a place to stay.

stay til your wife gets her resident permit and move back to the UK.

it's all explained here www.buitenlandsepartner.nl

there's an english section also.

[7by7]

i haven't read the whole topic because i'm late for work already and have to dart, but if you have a little bit of cash left then you could move to holland / belgium (or anywhere else in the EU) and then your wife has a right to stay with you under EU law.

no visa needed. just passports, marriage cert and a lease for a place to stay.

You would also need a job in the EU country in question.

[Thongkorn]

i haven't read the whole topic because i'm late for work already and have to dart, but if you have a little bit of cash left then you could move to holland / belgium (or anywhere else in the EU) and then your wife has a right to stay with you under EU law.

no visa needed. just passports, marriage cert and a lease for a place to stay.

You would also need a job in the EU country in question.

and you will have to have a national insurance number

[rolypie]

We have just been through the exact same thing and there is absolutely no way around it, your wife will have to apply in bangkok ( 40k baht ) and wait approx 3 months for a decision, i dont see you having a problem with the decision but you will have to bite the bullet like everyone else, unfortunatly there are no exceptions to the rule.

[bangla]

i haven't read the whole topic because i'm late for work already and have to dart, but if you have a little bit of cash left then you could move to holland / belgium (or anywhere else in the EU) and then your wife has a right to stay with you under EU law.

no visa needed. just passports, marriage cert and a lease for a place to stay.

You would also need a job in the EU country in question.

no you don't

do a google on directive 2004/38/EG

and you will have to have a national insurance number

you can apply for one after you've registered.

i've done the EU-route in germany.

i know what i'm talking about.

[cyb]

i haven't read the whole topic because i'm late for work already and have to dart, but if you have a little bit of cash left then you could move to holland / belgium (or anywhere else in the EU) and then your wife has a right to stay with you under EU law.

no visa needed. just passports, marriage cert and a lease for a place to stay.

You would also need a job in the EU country in question.

no you don't

do a google on directive 2004/38/EG

and you will have to have a national insurance number

you can apply for one after you've registered.

i've done the EU-route in germany.

i know what i'm talking about.

The op's wife is Thai and holds a Thai passport, Not a european one or dual nationality.

Therefor

directive 2004/38/EG Does not apply to her only him.

If she had a european passport they would not be in this mess.

Edited July 29, 2009 by cyb

[Lite Beer]

Inflammatory post and the reply it deleted.

[7by7]

i haven't read the whole topic because i'm late for work already and have to dart, but if you have a little bit of cash left then you could move to holland / belgium (or anywhere else in the EU) and then your wife has a right to stay with you under EU law.

no visa needed. just passports, marriage cert and a lease for a place to stay.

You would also need a job in the EU country in question.

no you don't

do a google on directive 2004/38/EG

Strictly speaking you are correct.

To qualify for an EEA family permit as the spouse of an EEA national who is exercising his/her treaty rights to live in another EEA state, said EEA national has to be either;-

Working

Self-employed

A student

Inactive

in that state.

However,

If a citizen wants to reside in another Member State without exercising any activity or to study, he/she can do so provided he/she can prove (and in the case of students, declare) that he/she has sufficient financial resources not to become a burden for the host Member State's social assistance system and that he/she is covered by a sickness insurance policy. He/she must also prove that he/she has sufficient financial resources and sickness insurance for each member of his/her family who is entitled to reside with him/her.

(Source)

With respect to the OP, it seems he would not be able to do this and, again with respect, I suspect many members here would also not have the financial resources to do so. Let's keep things simple and not advise paths which few could follow.

As discussed here, a UK, for example, national living in Germany, for example, who has obtained an EEA family permit for his Thai, for example, wife to join him there could then decide to move back to the UK and apply for an EEA family permit for his wife to join him in the UK; they would not need to apply under the UK immigration rules.

[SMEEERE]

Very frustrating for you for sure, however some good advice has been given to you to fall on deaf ears i feel, if you get out of this one without her returning to thailand il be very surprised, .as someone else mentioned pleading poverty will only have them dig their heels in harder, so my advice, get her a cheap open return and stay with the inlaws whilst its being processed from within thailand,. good luck,.

[cyb]

Very frustrating for you for sure, however some good advice has been given to you to fall on deaf ears i feel, if you get out of this one without her returning to thailand il be very surprised, .as someone else mentioned pleading poverty will only have them dig their heels in harder, so my advice, get her a cheap open return and stay with the inlaws whilst its being processed from within thailand,. good luck,.

As the op has already stated his wife is back in Thailand.

[SMEEERE]

Very frustrating for you for sure, however some good advice has been given to you to fall on deaf ears i feel, if you get out of this one without her returning to thailand il be very surprised, .as someone else mentioned pleading poverty will only have them dig their heels in harder, so my advice, get her a cheap open return and stay with the inlaws whilst its being processed from within thailand,. good luck,.

As the op has already stated his wife is back in Thailand.

Oops, sorry i missed that, this topic must have been going on some time and i didnt read all pages,. i wish him /them luck

[bangla]

The op's wife is Thai and holds a Thai passport, Not a european one or dual nationality.

Therefor

directive 2004/38/EG Does not apply to her only him.

If she had a european passport they would not be in this mess.

like i said. i've done the EU-route.

my wife is thai also and doesn't have an EU passport either.

the directive aplies to EU passport holders and their family members.

If a citizen wants to reside in another Member State without exercising any activity or to study, he/she can do so provided he/she can prove (and in the case of students, declare) that he/she has sufficient financial resources not to become a burden for the host Member State's social assistance system and that he/she is covered by a sickness insurance policy. He/she must also prove that he/she has sufficient financial resources and sickness insurance for each member of his/her family who is entitled to reside with him/her.

proof of income can be a note from your parents or family stating they will support you.

you also have 3 months to find yourself a job.

they can't reject you as long as you don't apply for social security.

(Source)With respect to the OP, it seems he would not be able to do this and, again with respect, I suspect many members here would also not have the financial resources to do so. Let's keep things simple and not advise paths which few could follow.

his wife is back in thailand already so it's a moot point anyway but i would move to hel_l and back before i would get seperated from my wife by any government.

so this can still be interesting for others in a similar situation.

As discussed here, a UK, for example, national living in Germany, for example, who has obtained an EEA family permit for his Thai, for example, wife to join him there could then decide to move back to the UK and apply for an EEA family permit for his wife to join him in the UK; they would not need to apply under the UK immigration rules.

yup, and using the brax-arrest you don't even have to wait for german immigration to give you the EEA family permit.

just go and register at the burgerburo (municipality) and wait for the resident permits.

[pingit]

Here is our case in brief

My wife and I now are finding our selves in an increasing impossible situation. we applied for a 2 year visa extension for my wife who is Thai, as advised by the Immigration Advisory Service, we have been refused because my wife does not have the correct visa to apply for this, and immigration want her to return to Thailand to apply from there, we have been married for 2 years together for 4 years. I am a British national.

We are also being informed that we have no recourse to appeal the UK border decision, Based on the fact that my wife does not have the correct visa to apply. Therefore the immigration service have with drawn our appeal as it will fail.

This means that my wife will have to return to Thailand now, which for us is not possible, we do not have any money to take this course of action, just to send my wife back is more than we can afford, to then place an application from Thailand would cost over 3k with fees and expenses flight, some where to live.

I have explained that I as a foreigner can not return to Thailand as I have no means of work there. I have in the past worked for 4 years as a teacher, due to recent changes in the laws, I am unable to work as a teacher, the only work I am allowed to do there. my wife is totally dependent on me

So now we have been dropped by the immigration advisory service, we can not find a lawyer who will help us appeal, it seems because my wife has a tourist visa we have no right to appeal, but as much as everyone keeps saying send your wife back to her home country to apply, we simply do not have the money, we are totally committed here. I have been told to wait it out and have the immigration come to take action to remove my wife, then appeal under the right to family life.

I have been advised to send my wife back to Thailand by everyone, of cause this would be the right thing to do, but we simply do not have the money to do this, it will take months to get the money together, by then she is on overstay, and I believe that this will count against us, and she will be refused, and we will be kept apart.

Unfortunately I am not in a financially stable situation, I pay the bills and get by well enough, just don't have any to spare.

Any help or advise would be a great help

Thanks

Sorry but you really are some kind of doughnut ,,, I have been lambasted by other doughnuts on here because I have spent a bit of the folding stuff doing things the correct way ,, now my wife has her UK test passed,, we 100% own our UK home,, she is gainfully employed ,, well loved by the neighbours , and 90% of people that meet her ,, and we have a good 5 figure sum tucked away to show for her ILTR and UK passport at a later date . we have just been on a lovely holiday to the Dominican republic and the UKBA could not have been more helpfull when we landed back in the UK ,, even though my wife has an out of date visa in her Thai passport , she has a UK spouse ID card ,, its worth its weight in gold,,,,,and IF you had done it the correct way your wife would have one now. It puzzles me why you would ever want to bring your wife here on a visitor visa in the first place ,, ( mabe you could not make the financial ,, work criteria then ) and by the sound of your post you cannot make the requirements now.. Just let the UKBA deport her then it wont cost you ,,,,then when you have your finances in better order you can help her get a UK settlement visa in BKK .. good luck with that !!!!!!!!!

One thing I can tell you if your that hard up you cant send her home ( which I have to say I dont believe ) you havent got a flyin fkkkks chance of getting her a settlement visa here.

Why people like you seem to think you can shortcut the system never fails to amaze me ,,,,,, I bet you also got a mortgage repaying 12% interest ,, because you never read the small print !

Wow ! Unbelievable this one... Who is this guy? What an absolute waste of my time reading his useless posts... Someone please erase this waster. I have now read 2 of your posts and I can tell you that it is certainly not the OP who is the "doughnut"... please go back and re-read your own words, and if they dont make yourself cringe and embarrassed I really dont know what to say. I have this and I have that, is not what anyone would be interested in hearing my friend, honestly. If you want to know what WE all have please open a post for that, but lets not waste this guys time here. No-one is interested in who loves your wife, it makes absolutely no difference in anyones life. If saying all this nonsense makes you feel good, please record your voice and play it to yourself on your ipod, cause no one else on here could care less about it, ok.

Man what a doughnut... unbelievable !