Settlement Visa Refusal And Then Told Wait Another 16 Weeks Before We Even Look At The Further Evidence!

[asiapt]

We pay over £600 for the settlement application.... massive rip off

and then have to wait 12 weeks for the appointment / decision...

The refusal comes back (standard copy and paste wording) like... lack of

evidence of the accommodation and the ECO saying "they did not think it

is spacious enough" even though it was a large 3 bed semi with only 2 people living in it!

Then... when you gather up the evidence they need and jump on a plane to

Bangkok to submit it hoping the decision will be overturned when they see the new evidence...

But no...... We British citizens and taxpayers who are paying Home Office Staff

their wages and only want to get on with our lives and live with our wives in the UK.....

They arrogantly give you a letter saying that ... they will look at the evidence

in 16 weeks and if it is still no good, the case goes to appeal in the UK

where there will be another 6 month wait.

and they are supposed to be Public servants....

I know they have a hard job to do but for £600+ we should at least get some

sort of fair play and timely decisions surely! How many of us guys are being made

to wait and wait and wait and be punished for what.....?

There are 100's of illegals being let into the UK everyday... what is going on...

We pay massive fees and try to do it the right way and we get punished and they

(illegal immigrants) get everything..

Has the home office gone mad? or do thay have a more sinister agenda that is really

about causing as much frustration and stress as possible for THE GENERAL PUBLIC

with mass immigration etc. so they can bring in more and more control and taxes

and limited freedom of movement etc.

My question to the forum is

Does anyone know a way to get the VISA section to look at the extra evidence

submitted without having to wait ANOTHER 16 weeks?

[7by7]

Without seeing the actual refusal notice, it is impossible to comment upon the rights and/or wrongs of the refusal.

The 16 weeks for the review is the maximum. Posts must review appeals and either reverse the decision or forward the papers to the AIT within 16 weeks.

The 6 months wait for an appeal hearing is an estimate, but the AIT do have to give time to allow all parties to collate and submit their evidence.

See this flow chart. See also the AIT website for more on appeals.

As for the fees, blame Gordon Brown and Tony Blair. It is this Labour government that has outrageously increased visa fees way above inflation and the actual cost since they came to power.

Two further points.

1) What exactly do you think illegall immigrants get from the government, other than a free trip home if they're caught?

2) Very few members of the general public feel any sort of stress or frustration over immigration as very few of them ever have anything to do with sponsoring an immigrant.

Edited October 24, 2009 by 7by7

[yeesipha]

Hi

i really feel sorry for the guys that have to be put through this s***,when applying to bring there loved one to join them in the uk legally ,

its the same old story if you do everything by the book the people are easily penalised,and have to abide by THERE rules and regulations.

Yes this country is in a SAD SAD situation on the illigal immigrant front,crazy crazy situation, beggers belief really,and what will they the goverment

end up doing with all the illigal and asylem seekers in 5 10 years time give them amnesty and probably grant them british citizen ship,people may

laugh at this,but i wouldnt put anything past this present and any future goverment.

[Redhawk]

For so far coming 20 years to Thailand, I think I have entered the Kingdom for 91 times I have had no problems with the immigrations or Thai embassies around Cambodia, Laos, Singapore, Germany till now. On application providing complete paperwork and polite manners everything should works well. Sometimes it takes a bit time, also these people have a lot of paperwork to do and when I give in my paperwork in there are several hundreds aday as well.

To blame others, i.e. illegals for our own mishap is usually not the best way to solve issues like this.

[ThaiVisaExpress]

They will review this and if you have provided new evidence then they may over turn the decision.

[7by7]

i really feel sorry for the guys that have to be put through this s***,when applying to bring there loved one to join them in the uk legally.......Yes this country is in a SAD SAD situation on the illigal immigrant front,crazy crazy situation.....

I never know whether to laugh or cry when I see posts like this.

On the one hand you are effectively saying that the government should stop illegals from entering, yet on the other you complain about having systems in place in an attempt to do just that!

Open borders allowing entry to anyone without any checks, or a robust, but hopefully fair, system of immigration control. You can't have it both ways!

Unfortunately, if you have a system of immigration control there are going to be people like the OP who have problems with it. But as I said before, without seeing the actual refusal notice, it is impossible to comment upon the rights and/or wrongs of this, or any, refusal.

[RubbaJohnny]

Until UK welfare and standard of living is equal to the rest of the world there will be an economic push

Why arent Thai ladies quueing up advertising for foreign husbands fro Lao with whom the Esan ones at least share a common language?

In addition to economic drivers war famine persection has washed the jetsam of these conflicts to N Europe.

As many speak only English in addition to their native tongue and have heard fromtthose who have made a "home run" to Blighty how easy the welfare state can be and readily abused (The Black economy where no contributions imade to tax or National Insurance)

When the senior legal officer in the land employs illegal labour no wonder others swarm to the honey.

Just as Thailand has little interest in mixed race partnerships your problem is avery low priorrity in Uk and a with a new right wing government due egged on by the BNP and public perception of "BROWNPEOPLE" can only get worse.

Good luck with your application,did you know you can go and live in other EU states where they cannot turn you down see the Schengen info

[Somrak]

Good luck with your application, but sorry, i woud let Thais not inside europe too.

It is not the livingspace, it's the money we have to pay them later!

As long they, or there partners not show 5-6000 Pounds income every month, ....

[yeesipha]

i really feel sorry for the guys that have to be put through this s***,when applying to bring there loved one to join them in the uk legally.......Yes this country is in a SAD SAD situation on the illigal immigrant front,crazy crazy situation.....

I never know whether to laugh or cry when I see posts like this.

On the one hand you are effectively saying that the government should stop illegals from entering, yet on the other you complain about having systems in place in an attempt to do just that!

Open borders allowing entry to anyone without any checks, or a robust, but hopefully fair, system of immigration control. You can't have it both ways!

Unfortunately, if you have a system of immigration control there are going to be people like the OP who have problems with it. But as I said before, without seeing the actual refusal notice, it is impossible to comment upon the rights and/or wrongs of this, or any, refusal.

7by 7

look i will keep this simple for you <deleted>

[7by7]

Ah, the voice of reasoned argument!

[asiapt]

Two further points.

1) What exactly do you think illegall immigrants get from the government, other than a free trip home if they're caught?

2) Very few members of the general public feel any sort of stress or frustration over immigration as very few of them ever have anything to do with sponsoring an immigrant.

re point1: I have no idea what they get from the government... but you don't see 1000's of the illegals on the streets, and I can't imagine they all are finding work with no NI numbers etc. I can only assume they say the magic word ASYLUM and they then get the benefits and housing and all the things I CANNOT GET, even though I have never claimed any benifits and have always paid my taxes....

re point 2: How can you state "very few memebrs of the public" The whole county is angry and annoyed with the current immigration situation, they are all suffering from the open door labour policy ofletting millions into the UK..... True they don't suffer like us who are trying to sponsor someone but they are ALL suffering from the mass immigration effects..

Anyway these two points are beside point of my initial posting.... Sounds like your actually employed by the home Office the way you stand up for their rules and policies!!!

My refusal was because of not enough evidence re the accommodation. I live with my elderly mother (84) in a large 3 bed semi which has no mortgage or loans and I do not have a rental aggreement. All I sent in with my fiancees initial application was a letter stating the above signed by my mother the owner of the house. Which I see now as inadequate evidence.

The house has more than enough space, so I can only assume that the ECO did not beleive the letter, ( I cannot quote the exact reason as I do not have the refusal notice at hand right now) How can I send a mortgage or rental aggreement when none are needed or exist!! I have since obtained a letter from the soliciter holding the deeds and took photos of the house, etc. and submitted with the appeal.

[asiapt]

Two further points.

1) What exactly do you think illegall immigrants get from the government, other than a free trip home if they're caught?

2) Very few members of the general public feel any sort of stress or frustration over immigration as very few of them ever have anything to do with sponsoring an immigrant.

re point1: I have no idea what they get from the government... but you don't see 1000's of the illegals on the streets, and I can't imagine they all are finding work with no NI numbers etc. I can only assume they say the magic word ASYLUM and they then get the benefits and housing and all the things I CANNOT GET, even though I have never claimed any benifits and have always paid my taxes....

re point 2: How can you state "very few memebrs of the public" The whole county is angry and annoyed with the current immigration situation, they are all suffering from the open door labour policy ofletting millions into the UK..... True they don't suffer like us who are trying to sponsor someone but they are ALL suffering from the mass immigration effects..

Anyway these two points are beside point of my initial posting.... Sounds like your actually employed by the home Office the way you stand up for their rules and policies!!!

My refusal was because of not enough evidence re the accommodation. I live with my elderly mother (84) in a large 3 bed semi which has no mortgage or loans and I do not have a rental aggreement. All I sent in with my fiancees initial application was a letter stating the above signed by my mother the owner of the house. Which I see now as inadequate evidence.

The house has more than enough space, so I can only assume that the ECO did not beleive the letter, ( I cannot quote the exact reason as I do not have the refusal notice at hand right now) How can I send a mortgage or rental aggreement when none are needed or exist!! I have since obtained a letter from the soliciter holding the deeds and took photos of the house, etc. and submitted with the appeal.

[asiapt]

Cont...

This is not the first time I have had to go through this process as this is my 3rd marriage. The first was to a Thai 14 yrs ago (another refusal that took over a year to sort out and a real nightmare story in itself, 2 refusals then an appeal and cost me many £1000's in solicitors fees). We won in the end and that was a good marriage that lasted 7 years. Then I married a Filippino and we were together for 5 years. No problems with that application, she had an interview (with virtually all the same info and documents I submitted this time) and she was granted a visa within 15-30 mins... I was stunned at how short the interview was.

Before I get any comments about why my previous marriages ended, they just did, just the same as any western marriage ends. The first (Thai) had a casino and gambling problem that got out of hand. The second (Filipino) had an affair with her driving instructor!!!! So I finished with her and told her to go live with him... and thats where she is now (with his baby and very unhappy and regretfull but too late now).

This is what really gets my back up.....

There is an agency right next door to the UK visa office in Bangkok and they hassel every girl / couple that goes to the UKvisa office to use their (Thai agency) services. They charge about 100,000 baht but guarantee that she gets the visa. A girl that was applying at the same time as my girlfriend (who was an obvious bar girl with no real job etc.) Got her visa with no interview and many of her papers had been (arranged / supplied) by the agency.... Yet my girlfriend with all genuine papers, good job (works for the Thai government), own house and car etc. gets refused!!!!

That girl is now in London... she got the visa illegally and admitted to my girlfriend that it was easy... just pay 100,000 baht and they sort out all the paperwork... She phoned her from London to ask why she did not get hers!!!

If all these rules are supposed to stop this kind of thing happening, then why is a THAI AGENCY opperating right next door to the UK visa office...

[7by7]

Point 1. Whatever the rights and wrongs of the UK's policy toward asylum seekers, they are not illegals. People that are illegals cannot legally work, cannot claim any public funds and if caught face being deported and banned from the UK for up to 10 years.

Point 2. If the general public are suffering from the effects of mass immigration, as you say, then the solution is to stop immigration, like the BNP want to; so no visa for your, or anyone else's, wife!

The existence and location of this agency has been discussed before. Basically, neither the UKVAC, the British embassy, the UKBA nor the FCO have any say or control over whoever Thai landlords let office space to. If the UKVAC were to move to another location, this, or another, agency would simply follow.

All they can do, and have done, is post warnings about dubious visa agents on the UKVAC and British embassy websites.

No agency can guarantee a visa, and no agency can influence the decision of the ECOs.

If you have suspicions that someone has obtained a visa fraudulently and illegally then you should report this to the UKBA.

If you have suspicions that any ECO, in Thailand or elsewhere is showing bias or favouritism toward the clients of any agency for any reason, then you should report this to the UKBA.

Of course, if you do this you will need to have evidence to support your allegations.

Edited October 28, 2009 by 7by7

[jack31]

Point 1. Whatever the rights and wrongs of the UK's policy toward asylum seekers, they are not illegals. People that are illegals cannot legally work, cannot claim any public funds and if caught face being deported and banned from the UK for up to 10 years.

Point 2. If the general public are suffering from the effects of mass immigration, as you say, then the solution is to stop immigration, like the BNP want to; so no visa for your, or anyone else's, wife!

The existence and location of this agency has been discussed before. Basically, neither the UKVAC, the British embassy, the UKBA nor the FCO have any say or control over whoever Thai landlords let office space to. If the UKVAC were to move to another location, this, or another, agency would simply follow.

All they can do, and have done, is post warnings about dubious visa agents on the UKVAC and British embassy websites.

No agency can guarantee a visa, and no agency can influence the decision of the ECOs.

If you have suspicions that someone has obtained a visa fraudulently and illegally then you should report this to the UKBA.

If you have suspicions that any ECO, in Thailand or elsewhere is showing bias or favouritism toward the clients of any agency for any reason, then you should report this to the UKBA.

Of course, if you do this you will need to have evidence to support your allegations.

Agree with 7by7 sentiments entirely.

Its very frustratnig for the OP and I feel gutted for him but its a game which we all have too play if we want to get our loved ones a settlement. Just be patient, dont lose your cool and seek advice from the likes of 7by7 and sopme other senrior BM's who know what they are talking about. Good luck my friend I really hope you can resolve your issue

[walkup]

The British system has a reputation for being capricious in its decisions. However, for something that is tricky, ie this situation, paying for expert legal advice can be worthwhile. It is difficult to comment without seeing the completed form submitted. If the OP had just focussed his thread on 'what do I do now?' rather than starting a rant against the iniquities of 'illegal immigrants' I would be more sympathetic, but he should be more than aware that those of a similar mind-set are quite happy to exclude the spouses of UK-Thai marriages as they are considered 'invalid' and suspect.

[Casanundra]

Having been through the process both Thai side and here in the UK, I can say that I am often baffled by the problems some folk face whilst going through the process. Maybe I was lucky when doing the settlement visa on the Thai side because it only took 3 days, and maybe I was extremely lucky on the UK side getting my wife through the permanent residency side as well as it only took 6 weeks...

Perhaps, just perhaps, the poster hasn't told us the full facts and as a consequence his application has been rejected. From the 20 or so Thai / UK relationships I know where I live, only one here in the UK has had their settlement bounced and that was because he was a 65 year old man marrying a 30 year old pratum 6 uneducated wench from some massage parlour that he married and brought back to the UK after knowing her for a whopping 6 days. But hey, who am I to suggest that the UK immigration folk maybe, just perhaps, are doing the job properly and keeping those who are slightly suspicious away from our shores....

Edited November 1, 2009 by Casanundra

[7by7]

From what he has posted, it appears that the OP failed to show that there was adequate accommodation available; although as I've said before, it is impossible to comment accurately without seeing the refusal notice.

Anyone who is going through the appeal process should obtain professional advice. However, they should ensure that this advice comes from a suitably qualified person. That is either a level 2 (or above) OISC registered adviser or a specialist immigration solicitor in the UK.

An unqualified visa agent based in Thailand would be way out of their depth, and as the appeal will be heard in the UK, it is obviously essential to use an adviser based in the UK so that said adviser can attend the appeal hearing with the appellant's sponsor.

[tracer]

For so far coming 20 years to Thailand, I think I have entered the Kingdom for 91 times I have had no problems with the immigrations or Thai embassies around Cambodia, Laos, Singapore, Germany till now. On application providing complete paperwork and polite manners everything should works well. Sometimes it takes a bit time, also these people have a lot of paperwork to do and when I give in my paperwork in there are several hundreds aday as well.

To blame others, i.e. illegals for our own mishap is usually not the best way to solve issues like this.

I am 65, have traveled a lot and have sofar never had a problem with any immigration.

But as mentioned above last time I went to Thai immigration to get my retirement visum extended, I arrived at 10.00 and 1030 I was out side back going home, WITH passport and stamp...

[asiapt]

Having been through the process both Thai side and here in the UK, I can say that I am often baffled by the problems some folk face whilst going through the process. Maybe I was lucky when doing the settlement visa on the Thai side because it only took 3 days, and maybe I was extremely lucky on the UK side getting my wife through the permanent residency side as well as it only took 6 weeks...

Perhaps, just perhaps, the poster hasn't told us the full facts and as a consequence his application has been rejected. From the 20 or so Thai / UK relationships I know where I live, only one here in the UK has had their settlement bounced and that was because he was a 65 year old man marrying a 30 year old pratum 6 uneducated wench from some massage parlour that he married and brought back to the UK after knowing her for a whopping 6 days. But hey, who am I to suggest that the UK immigration folk maybe, just perhaps, are doing the job properly and keeping those who are slightly suspicious away from our shores....

I have told the full facts, and I have been seeing my girlfriend (aged 39) for 2 years!! I am 53 yrs and been to Thailand 4 times and her to the UK once. I am just as stunned at the decision as she is a really nice honest and well educated Thai girl. has a house, car and good job... But it seems like my papers were not good enough, not hers... It has now been another 7 weeks since the refusal, no news of any decision being overturned... We are both so frustrated and despondent at the system.. I am now going to try the agency route (another B50,000 + B32,000 application fee) and cancel the appeal as I have found that it's going to take at least another 8 months and still may get refused.

[allritekid]

Hi my name is Rob. I from newcastle and visited thai 3 years ago. met a girl from a laundry shop which was here own buisness. I am 24 years old and now my wife who is 35 have been married for 6 months. we can show daily contact my mobile phone / text / emails and i have vistited 5 times in the past 3 years and my wife has live at my home for 6 months of this. We have never used an agency and have been sucsessful both time, holiday visa after 6 weeks and settlemant visa after 3 months. no problems and done all by myself. all documents summited as they wished and no 6-8000 in the bank as others have said. I live with my parents in a 4 bed home with my younger brother. if they think its real like me and my wife it will be granted. yes she is older than me and we fell in love. but if you are 10-20 years older than its hard. when we got married we went to an agency just to get the letter typed and another couple were there doing it through the agency and we see each other at every step and he siad. i have wasted 30,000 batt with the agency as it was easy as pie to do the process. ass they did more than me was get them a taxi to the Minisry where we go sky train and 200 batt for taxi. Do it your self and if they belive u are a couple who have loved for a lonfg time, never met in a bar and are nice people then u will get. some one who has married asian girls 3 times mate no chance. we are real love 3 years talk every way every day and just want to start a family we get. its idiots l;ike u who are fuc_king up the system. can not get a girl in the uk so going there to get ya hard on. well....... - its actullay u wasting our time and money

[stament]

Hi my name is Rob. I from newcastle and visited thai 3 years ago. met a girl from a laundry shop which was here own buisness. I am 24 years old and now my wife who is 35 have been married for 6 months. we can show daily contact my mobile phone / text / emails and i have vistited 5 times in the past 3 years and my wife has live at my home for 6 months of this. We have never used an agency and have been sucsessful both time, holiday visa after 6 weeks and settlemant visa after 3 months. no problems and done all by myself. all documents summited as they wished and no 6-8000 in the bank as others have said. I live with my parents in a 4 bed home with my younger brother. if they think its real like me and my wife it will be granted. yes she is older than me and we fell in love. but if you are 10-20 years older than its hard. when we got married we went to an agency just to get the letter typed and another couple were there doing it through the agency and we see each other at every step and he siad. i have wasted 30,000 batt with the agency as it was easy as pie to do the process. ass they did more than me was get them a taxi to the Minisry where we go sky train and 200 batt for taxi. Do it your self and if they belive u are a couple who have loved for a lonfg time, never met in a bar and are nice people then u will get. some one who has married asian girls 3 times mate no chance. we are real love 3 years talk every way every day and just want to start a family we get. its idiots l;ike u who are fuc_king up the system. can not get a girl in the uk so going there to get ya hard on. well....... - its actullay u wasting our time and money

Hi Rob,

Two things. Firstly well done and I'm really happy for you and your wife. However, I'm a bit unsure as to why you've dug up a very old thread and responded to it. I'm guessing the OP is long gone and not tracking this thread now. Can't really see what value your post adds to be honest.

[7by7]

Indeed.

I'm closing this topic.

Asiapt, if you wish it re-opened, e.g. so you can report progress, then PM me and I will do so.