Refused Settlement Visa To Uk Help Needed

[earby38]

my wife has just been refused a settlement visa to the uk this is what the clearance officer has given as the reasons

you are applying for settlement with your british husband i am satisfied that you have a subsisting and genuine relationship with your sponsor however you have provided a tenancy agreement from the residential landlords associaion (rla) for the property in which you intend to live with your sponsor namely 37xxxxxxxxxxxxxxxxxxxxxxxxxx xxxx the tenancy agreement cleearly states we will let the property to you (individually and together ) and only you will be allowed to live there no children are allowed to live in the property without our permission in writing (which we will not unreasonably withhold).

given this clause i cannot be satisfied that permission has been granted from the property landlord or the rla for you to reside with your child at the given address in addition the tenancy agreement does not stipulate the size of the property or the accommodation for thr parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively

wat can i do nexted wats the best way to go any help thanks

[HowardJohnson]

Sounds like you'll need to get a letter from the RLA stating that it is ok for your wife and child to live there.

And it looks like they are requesting clarification of the size of the accommodation.

Once you have that, I think you'll be ok.

Cheers

[earby38]

the property i a ground floor flat consiting of bath room kitchen large liveing room and 1 large bed room and backyard i intend my wife and child 3 years old to live there dose any one know if this porperty is sutable we have lived in it allready for 5 months

[sumrit]

the property i a ground floor flat consiting of bath room kitchen large liveing room and 1 large bed room and backyard i intend my wife and child 3 years old to live there dose any one know if this porperty is sutable we have lived in it allready for 5 months

It seems from what you've said that the ECO is not sure that your landlord will allow children to live at the flat. You would need to supply written confirmation from the landlord and send it to the ECO.

I can't be certain but I think you'll find that to satisfy the accommodation requirements you'll need a separate bedroom for your child anyway.

[7by7]

the property i a ground floor flat consiting of bath room kitchen large liveing room and 1 large bed room and backyard i intend my wife and child 3 years old to live there dose any one know if this porperty is sutable

From the guidance in MAA14 Overcrowding it would appear that the accommodation is adequate; just!

With the refusal your wife would have been given an appeal form. She must submit this to the embassy within 28 days if she wishes to appeal against the refusal. She may submit additional evidence with the form, so if you can get the missing documents from your landlord and to her in time then do so. It is possible that the refusal will then be overturned without having to go to the Asylum and Immigration Tribunal; a process which can take 6 months plus!

So, you need you landlord to confirm in writing that the child can live there and that there is sufficient room for the three of you and then get this to your wife as quick as you can. However, if it is not possible to do this within the 28 days then she must submit the appeal without it.

For more on appeals, see Appeals.

I am confused by you saying "we have lived in it allready for 5 months." Is that you and the child, i.e. the child is yours not your wife's and only your wife is applying for settlement? Or has your wife and her child been staying with you in the UK before returning to Thailand to apply, in which case what was their immigration status at the time? Or something else?

[earby38]

my wife has been with me in the uk on a visit visa we returned to submitt the settalment app the child is ours

will it be quicker to just re apply for the visa when i get the letter

[7by7]

When someone submits an appeal the original application plus any additional evidence is assessed by the Entry Clearance Manager; who then has to decide whether to overturn the refusal and issue the visa or uphold the refusal and forward everything to the AIT in the UK.

This process could take up to three months, but it may be quicker depending upon their workload.

From what you have posted so far, I cannot see why this refusal would not be overturned, provided you supply the missing documents to satisfy the concerns expressed in the refusal notice. However, nothing is certain.

Submitting a new application may be quicker; but you would have to pay the fee again.

[earby38]

ok that helps so the quickest way could be just to get the letter from my land lord put it back in our file re sumitt the applicaiton same documents o i forgot to mention they have keeped my original lease but my landlord will do me another one. then i may be ok

[earby38]

thanks everyone for your help we are putting the applicaiton back in this week with letter from landlord thanks again

[paully]

Talk about being pedantic, the tenancy agreement did quite clearly state:

" (which [permission] we will not unreasonably withhold)".

The letter from the landlord giving permission for the child to live at the address should be fine. Good luck, earby.

[earby38]

just been granted the settalment visa took only 4 days

[paully]

^ Good news, well done, earby!