Appeal Tourist Refusal

[seaneee]

Myt wife was recently refused a tourist visa to the UK. She re-applied and was turned down again, but i feel the second refusal was not fair. The Eco failed to cross reference the first refusal and in the end although we addressed all the first refusal issues, there were more brought up in the second applications refusal. I have now i feel addressed all these issues , and my question is this............

should i lodge the appeal in the UK as im travelling home in a day or 2, or should we lodge the appeal in BKK. Also should i choose for the appeal to be judged on papers or by oral hearing??

Thanks in advance for your time and help.

[bobrussell]

Unfortunately many visit visas do not have a right to appeal if refused. If you have this right you should have been given a form with this information on it. If you give more details of the visa type and reasons given for refusal I am sure there will be many on the forum able to help. Appeals are often long-winded afairs but sometimes contacting the Embassy can work if refusals are based on misunderstanding information supplied. Often it is quicker to reapply as visit visas can sometimes be issued in days.

If you post details make sure that personal information is not visible (addresses etc)

Edited March 15, 2010 by bobrussell

[bobrussell]

I see that you have already posted a similar question so this is a second thread. If you give more information as to visa type and reasons for refusal others will be able to help more specifically!!

[seaneee]

Thanks but im not asking about reasons to appeal or if i can appeal. Im just asking if i should lodge the appeal in uk or Bkk. My appeal form says i can lodge it at either. I have now decided to lodge it in bangkok.

[bobrussell]

Good idea - when you lodge it make sure you clarify the immediate points raised in the refusal notice because to ECO has the opportunity to reverse a decision at an early stage if it is clear he or she is on unsteady ground. There have been cases where the decision has been reviewed and reversed at a very early stage. Point out clearly how things have changed or better evidence provided in the second application compaired to the first. A full appeal is a very long-winded process!!

Best of luck!!!

[theoldgit]

First of all it's worth noting that you don't lodge the appeal anywhere, your wife, the applicant, does. I don't say this to be pernickety, it's just to make the point that it's her application and her that needs to prove the point that the application is genuine and convince the managers that it should be overturned.

You say the decision was made as the result of a the ECO failing to cross reference the information provided in both applications, in which case the appeal should be made in Bangkok where the decision will be reviewed by the ECM, and hopefully overturned, but she needs to address the reasons for the refusal in both applications leaving no doubt in the mind of the adjudicator, otherwise the result will be the same. I am presuming you provided all the information in the second application and just didn't presume the ECO would cross reference them.

Good luck.

Edited March 16, 2010 by theoldgit

[seaneee]

First of all it's worth noting that you don't lodge the appeal anywhere, your wife, the applicant, does. I don't say this to be pernickety, it's just to make the point that it's her application and her that needs to prove the point that the application is genuine and convince the managers that it should be overturned.

You say the decision was made as the result of a the ECO failing to cross reference the information provided in both applications, in which case the appeal should be made in Bangkok where the decision will be reviewed by the ECM, and hopefully overturned, but she needs to address the reasons for the refusal in both applications leaving no doubt in the mind of the adjudicator, otherwise the result will be the same. I am presuming you provided all the information in the second application and just didn't presume the ECO would cross reference them.

Good luck.

i am afraid that we omitted a few things from the second application, and yes we did assume that the eco would cross reference that these things had been proven in the first. I think i have had a harsh lesson that these applications cannot and should not be taken lightly, and they seem far harder for a spouse than a girlfriend. I now feel that i have addressed the the issues raised adequately, maybe with the exception of that in the eco's words " you have not proved that you are in a genuine and subsisting relationship" Can anyone help me by giving me some examples of how this can be proved. A good friend of mine who stayed at our house a few weeks ago for 2 weeks is a policeman in the uk. Would a letter from him confirming some facts be worthwhile?

Thanks in advance again

[RAZZELL]

I now feel that i have addressed the the issues raised adequately, maybe with the exception of that in the eco's words " you have not proved that you are in a genuine and subsisting relationship" Can anyone help me by giving me some examples of how this can be proved. A good friend of mine who stayed at our house a few weeks ago for 2 weeks is a policeman in the uk. Would a letter from him confirming some facts be worthwhile?

Thanks in advance again

Well, I'm currently putting together a folder for my Gf's visit visa, put the principle's are the same.

Obviously some thing's won't be relevant to you, but this is what I'm going to include :

Photocopy of the "headers" from a few hundred emails.

6 months mobile/phone records.

Hotel, flight tickets and receipts.

Photos together.

Her birth, school and degree certificates.

Copies of her bank statement (empty ).

Her CV.

I'll also be including my accounts, bank statements, letter of sponsorship, mortgage statement, utility bills, council tax statement etc etc.

Phew, I think that's about it...

In your case as the ECO has stated: " you have not proved that you are in a genuine and subsisting relationship"

You need to put your thinking cap on and include some evidence like the above. You said you only included 8 photos, and you're marrried?

Give them the whole family album Hotel receipts, credit card, bank statement, food shopping receipts, electricity, or gas bill, anything in her name, but preferably something with both your names to show your relationship is "real" and that it has a "history."

IMHO, ECO's are like all civil servants - box tickers! Give them something so they can say "Photos" - "check" Bills - "check" etc etc

Tick their boxes!

As to your policeman reference, it won't hurt but I wouldn't think it would be of too much value.

All the best

RAZZ

[ThaiVisaExpress]

A family visit has the right of appeal and you must insert your grounds for appeal on the form.

[7by7]

As the OP has another current topic running about his wife's appeal, I'm closing this one.