Uk Settlement Refussed Stupid Reason Please Help!

[rushdentillidie]

My wife has just been refused her settlement visa today, but i can not think why and the reason given is stupid.

I have attached a copy of the letter that we where given, if anybody can have a look at this and give me some advice it would be a great help.

What i can make out is that they are refusing the visa because the can not see my stamp in the passport, which i did hand in with the application, other than this i can not understand why the reject. Because since 2007 i have meet me wife over 10 times and i have the stamps in my passport to show this. along with flight bookings and hotels that we have stayed in over this period.

I would understand if they had problems with something like my house or income, but this reason seems to make no sense.

My next question is where do we go from here. If we appeal this can take up to 9 months, which is to long and for such a small thing it seems a long time. Is they anyway that we could take my passport to the embassy to show the mistake that they have made?

As i say i have attached the paperwork if anybody has time to look over them and give us some advice, i have also attached the copy of my passport which shows the stamp for July 2007.

To be honest i am devastated at the moment, because we took a lot of time and care with the application and i really though that we had a good chance. As we often used this forum and other peoples experience to build this case.

I have read about a 28 day admin reviews on the regent house website can this be used. Would they be any chance that the embassy can over turn this without having to go to appeal. But if we do have to appeal how long would this take

any advice that you can offer would be most welcomed.

Thank you for you help

[RAZZELL]

I would say first bit of advice - delete your real names from this paperwork on ThaiVisa!

Paragraph 281:

http://www.ukba.homeoffice.gov.uk/policyan...civil_partners/

Secondly call/email/fax the Entry Clearance Manager with copies of your passport with July 2007 and all other stamps. Maybe with everything that's been going on over the last few weeks some paperwork has been lost?

However, did you not say you met on the internet? It's nothing to be ashamed of and is by no means grounds for a refusal. If you've been to Thailand 10 times in the last 3 years I can't see how they can argue your relationship isn't "ongoing and subsisting".

Even with your lack of "candour" about how you originally met, I still think it's a bit harsh for a refusal. What else did your wife say on the phone?

I'm sure those with more knowledge will be able to give you some advice.

Good luck

RAZZ

Edited May 24, 2010 by RAZZELL

[rushdentillidie]

Thanks for the update, i have not attached updated documents. Again if anybody can have a read though and offer any advice.

I am reading from different sources that we maybe be able to go direct to the embassy with the passport and have the outcome overturned with out the need for appeal. Is they any truth in this and if so who would be the best people to speak to at the embassy, does anybody have any contacts.

Thanks again,

[7by7]

You should submit the appeal to the embassy as soon as possible, explaining why you feel the refusal is wrong and include any additional documents to support the appeal.

If the embassy feel that the refusal was wrong then it will be overturned at the embassy without going to the FTTIAC.

See Appeals and the relevant links from that page for the full procedure.

I am intrigued by them saying

........further investigations have revealed from information held within the British embassy.......

What information? Has she ever applied before?

[rushdentillidie]

Thanks for you response.

We are looking at appealing and with the extra documents we should be able to get this overturned. But i am hoping to find a way that this can be done faster than having to go though appeal process. But your idea does sounds promising that an appeal may not get passed the embassy and overturned there, would you have a rough idea how long this type of appeal would take? since it would be changed in Thailand not the UK.

But i have been told by other people, it is possible to go back to the embassy or email and fax my passport to them any extra documents, does anybody know if this will work?

Because all this information was provided in the original application. All flight tickets boarding cards, hotel bookings and stamps where given. So i am finding very hard to see how they an reject on these grounds given the amount of information given, and for them to call our relationship into question i think is insulting. Again we provided 2 years worth of emails, MSN chats and telephone calls so if this is not a relationship then i am not sure what would be.

Hopefully my wife will find out some further information tomorrow.

Thank you for the advice

Regards

[7by7]

I don't see how writing to the embassy will achieve anything which submitting an appeal will not; this course is usually only suggested for refusals which do not attract a right of appeal. Remember that you only have 28 days in which to submit the appeal.

Once the appeal is received the embassy have 16 weeks in which to prepare the documents and send them to the FTTIAC. It is during this period that any decision whether to overturn the refusal in post will be made. See Refused entry to the UK (out of country appeals). Obviously it is impossible to say whether this would take the full 16 weeks or less.

You need to deal with the discrepancies over the dates. Did your sponsor's letter really say you met in June 2007, or is this a mistake by the ECO? Did you not say in your sponsor's letter that you first met in July 2006 online? Why did your wife say you visited her on 10th July 2007 and you stayed for 2 to 3 weeks when your passport shows that you left Thailand on 11th July and returned on 8th September?

There is also the question of the information held by the embassy. Has she applied to the UK, or another country, before? If yes, did she say so in the application?

You don't need to answer these questions here, but must do so in the appeal if it is to stand any chance of success.

I notice that Scouse is currently reading this topic. He is the qualified professional, so hopefully will feel able to offer his advice.

[the scouser]

The telling point in the refusal notice is the phrase (albeit badly written):-

..because further investigations have revealed from information held within the British embassy does not support this.

The ECO is stating that the UKBA's own records indicate that either you or your wife have had earlier immigration dealings with them on a matter unrelated to the current application (or even applicant). Bearing in mind the data protection laws, and that it is your wife's application, they can't precisely disclose to her any information they may have about you, which suggests that it is in relation to you that the perceived information is held. Indeed, if the ECO thought your wife was misrepresenting herself, he would have made a reference to deception in the refusal notice.

Anyway, it'll all come out at the appeal.

Scouse.

[jasonr3255]

I don't see how writing to the embassy will achieve anything which submitting an appeal will not; this course is usually only suggested for refusals which do not attract a right of appeal. Remember that you only have 28 days in which to submit the appeal.

Once the appeal is received the embassy have 16 weeks in which to prepare the documents and send them to the FTTIAC. It is during this period that any decision whether to overturn the refusal in post will be made. See Refused entry to the UK (out of country appeals). Obviously it is impossible to say whether this would take the full 16 weeks or less.

You need to deal with the discrepancies over the dates. Did your sponsor's letter really say you met in June 2007, or is this a mistake by the ECO? Did you not say in your sponsor's letter that you first met in July 2006 online? Why did your wife say you visited her on 10th July 2007 and you stayed for 2 to 3 weeks when your passport shows that you left Thailand on 11th July and returned on 8th September?

There is also the question of the information held by the embassy. Has she applied to the UK, or another country, before? If yes, did she say so in the application?

You don't need to answer these questions here, but must do so in the appeal if it is to stand any chance of success.

I notice that Scouse is currently reading this topic. He is the qualified professional, so hopefully will feel able to offer his advice.

Sorry to hear of your refusal, My wife was turned down 3yrs ago when I applied for a unmarried partner visa, 1 reason similar to yours, chapter 13 ECO guidance required at the time you must have not spent more than three months apart within the 2yr period to have been in a relationship akin to marriage. In fact we had'nt, photo copy of visa stamp did not come out but the page number of the passport did. ECO had got me on a technicality so they thought. Re submitted the application immediately suggesting that the ECO has made his decision based on incorrect information that had accidently been submitted. And hey presto visa granted. My advice to you if you can afford it is re submit Immediately first explaining the obvious in a firm but respectful manner and pointing out where the mistake may have been overlooked. Good Luck !

[the scouser]

By the way, OP, for your own benefit, you may choose to change the title you have given to the attachment of your passport pages. When the thread is viewed as a guest, the attachment is not displayed but the title is:-

K_Txxxxxxxx___Passport_Pages_6___7.JPG

Scouse.

[Mercury]

Reading their comments, I would agree with Scouser and suggest that perhaps your dates are wrong and that when they checked to see when you were in Thailand or at least not in the UK, their data does not match that on her visa application form.

[ThaiVisaExpress]

The OP has sent me his stamps in/out he was clearly in Thailand in 2007.

[norrona]

rushden, sorry to hear your news, I too am in the situation of appealing against their decision on a fiance settlement visa for quite a silly reason I feel.

Anyway my appeal was lodged in early April and I have been sent a letter saying not to expect any further contact till 26th July, of course if anything happens before then I will be most surprised and will let you know!

It seems they play God and you just have to put up with it I am afraid.

Best of luck

[craigm16]

When we submitted our settlement application in early May, the people who check it over at Regent house before it goes to the UK embassy did say to my fiancee i had not put a photo copy of my passport stamps for when i vistied her in Feb and in May.

I did'nt think it would be a big deal , But after reading your refusal i'm guessing i'll get the same fate as you..

Only difference i can see is i met my fiancee in the UK not online and we spent the good part of 6 months together here before she had to return home as her work permit was ending.

[norrona]

When we submitted our settlement application in early May, the people who check it over at Regent house before it goes to the UK embassy did say to my fiancee i had not put a photo copy of my passport stamps for when i vistied her in Feb and in May.

I did'nt think it would be a big deal , But after reading your refusal i'm guessing i'll get the same fate as you..

Only difference i can see is i met my fiancee in the UK not online and we spent the good part of 6 months together here before she had to return home as her work permit was ending.

fingers crossed for you mate, as far as I can work out they look for any little missing detail for a fail....

it is a business after all, there is no logic or assumptions

[paully]

The OP has sent me his stamps in/out he was clearly in Thailand in 2007.

Indeed - but not exactly on the dates the ECO thought he was, from what the wife said. That could easily be explained, though.

However, as Scouse said, this is not primarily about entry stamp dates in relation to this application. There is a previous issue in the Embassy files which will only come out at the appeal.

[craigm16]

Thank you, But my hope's have faded since reading the original post.

[7by7]

When we submitted our settlement application in early May, the people who check it over at Regent house before it goes to the UK embassy did say to my fiancee i had not put a photo copy of my passport stamps for when i vistied her in Feb and in May.

I did'nt think it would be a big deal , But after reading your refusal i'm guessing i'll get the same fate as you..

I hope it was just the pages with your Thai entry/exit stamps that was missing and you did include a certified copy of the data page or some other evidence that you are British. (Item 5 on the Supporting document checklist.)

You may be ok without the stamps, if your other evidence of contact is deemed sufficient.

fingers crossed for you mate, as far as I can work out they look for any little missing detail for a fail....

No, they are looking to see if the applicant meets the relevant criteria. However, the onus is upon the applicant to provide the necessary evidence and if that is incomplete or contradictory then the ECO is obviously going to have doubts.

Although, as said, in the OP's case the main problem is probably the information held by the embassy (or UKBA) referred to in the refusal notice.

it is a business after all

Not sure what you mean by this; but if the implication is that they are refusing applications in order to generate more money for the UKBA; then this is, to be blunt, ludicrous. Dealing with an appeal creates more work for the ECOs in post, and the UKBA should it go all the way to a hearing. The FTTIAC is paid for from the public purse. There is no fee to the appellant, so no extra money to be made, yet a lot of extra cost.

If the ECOs were under instructions to maximise profits then they would simply rubber stamp every application as successful!

[Phil_ne_uk]

I think when Norrona says,

it is a business after all

he means if the applicant reapplies, then they make more money from the high application fee that has to be paid a second time.

[CharlieB]

Thank you, But my hope's have faded since reading the original post.

You may be lucky and they may call your Mrs for a phone interview and ask for a faxed copy of the relevant pages from your passport. When we handed my wife's application in, I said in the letter I would be present in Thailand at the time of application. Although I had already included photocopies of my passport data and stamp pages, they called her for a short interview and asked if I could fax the relevant pages from my passport again to them. This of course showed them the latest stamp from the airport for my entry.

You could of course pre-empt this by contacting the emabassy and asking if you can fax a copy of your passport pages to them as you realise you forgot to include them.

Edited May 26, 2010 by CharlieB

[craigm16]

In reply to 7by7.

Yes i did give the copy of my data page, just did'nt even think to copy my entry stamps, as i gave copys of my flight intinerary and hotel reservations..

Would have thought this would be enough proof, that i had been to visit my fiancee..

Edited May 27, 2010 by craigm16