Step Daughter UK Visit Visa Refusal

[mikeyp]

Found out this morning that Step daughter (Thai) has been refused 6 month family visit visa. (originally thought she had got it on previous post)

Is it better to re-apply in Thailand or go through appeal at the first tier UK tribunal service.

I.m in uk just now, wife still in Thailand until end of March then she has to fly back to UK

Anyone been through this, replies or thoughts very much appreciated.

[theoldgit]

It all depends on the reasons for the refusal.

If she thinks a mistake has been made she could appeal, then it might be overturned during an administrative review, Visa Plus will have a view on the time frame for this process. It really does depend on the reasons for the refusal, it might be quicker if she could address these and re-apply, but of course she would have to pay again.

[ThaiVisaExpress]

It will be much quicker to re apply and address the recent refusal as we have done for a client recently.

[VisasPlus]

TOG and Thai Visa Express are both right. The decision is yours, but as TOG says, I have my own views. Your step-daughter has a right of appeal. If you exercise that right, then the Entry Clearance Manager is obliged to review the case and the decision, based on the documents that you submit for the appeal. The point of contention is that I believe that the ECM review of the decision must be carried out immediately the appeal is received at the Visa Section. The Visa Section says that they can carry out the review at any time before they have to send the appeal papers to the UK ( the time limit for this is four months). I have written to the Visa Section at the British Embassy in Bangkok with my thoughts several times, but they maintain their position. I believe that their position on this is in contradiction of the published guidance, and is morally wrong ( in that it delays genuine applicants by up to four months).

I believe that you should exercise your right of appeal. If you want to make another application at the same time, you can. I also believe that you should put pressure on the Visa Section at the Embassy to carry out the ECM Review immediately in accordance (as I believe) with the published guidance. Please feel free to use my earlier posts on the subject if you need information or arguments to put to the Visa Section. Perhaps they will bow to pressure from dissatisfied applicants. The link to my earlier post is:

http://www.thaivisa....-visa-refusals/

Although the post is titled for settlement visas, the ECM Review is in place for all refusal decisions which carry a right of appeal.

If we can help you professionally, please contact us through our website - www.visas-plus.com. It would help us all here on the forum if you are able to post the full refusal decisions. We might be able to advise you on how to proceed. It is difficult without any background.

[ThaiVisaExpress]

appealsfamilyvisitappealodgepost.pdf

[VisasPlus]

Further to my earlier post on this topic, we have now heard from the Embassy that the refusal decision in a recent settlement application has been overturned at the ECM Review. The visa is now issued.

We were contacted by new clients in January this year. Their settlement visa application had been refused, and they were looking for assistance with the appeal process. We drafted Grounds of Appeal, and submitted the appeal on 28th January. We heard on 4th March that the refusal decison was overturned at the ECM Review. So, at this time, ECM Reviews are taking about 5/6 weeks. The Embassy has assured me that they are looking at ways to improve their review systems, and we await these improvements.

Having the decision reversed at ECM Review is certainly quicker than awaiting a full appeal, and a lot cheaper than re-submitting an application. It also took about the same time as it would to process a settlement application. That said, it is necessary to make sure that the grounds of appeal, and any new documents, are good enough to persuade the ECM that the refusal decision should be overturned. If anyone would like professional help with appeals/ECM Reviews, then please contact us through our website.

[theoldgit]

^^^

Well done Visa Plus, this result certainly lends credence to the argument that it pays to enlist the services of a reputable and knowledgeable agent in circumstances like this.

I'm sure your clients will be eternally grateful.

[VisasPlus]

^^^

Well done Visa Plus, this result certainly lends credence to the argument that it pays to enlist the services of a reputable and knowledgeable agent in circumstances like this.

I'm sure your clients will be eternally grateful.

I agree with you, but there are still those who believe that advice should only be given by, and can only be reliable from, an OISC registered adviser, and argue that experience counts for nothing.

I will very shortly be giving an even better example of an excellent ressult we have achieved this week in getting a 10 year ( para 320(7B) ) ban revoked. It was all down to learned experience and extensive knowledge.

[mikeyp]

Update to my original post.

We decided to re-apply for my step daughter UK family visit visa. We addressed the two points on her first refusal, however she was refused for a second time on 4 completely different points that the EC officer should have asked in the first refusal. These additional points could have been easily addressed on the first refusal if they had the fore thought to just ask.

I had already covered two of the refusal points in our first application, but the Embassy seem to have completely missed this or not bothered reading the first application in addition letter. I dont know what these guys are doing, but it smacks to me of just a money grabbing from UK embassy or they have already met thier quotos for the year and are just nit picking to refuse visa's. I was told by a relative to try and avoid applying for visit visas during March and April because more than likely the UK gov have already met thier quotos on certain visa types.

The thing that really irkes me is that all they are doing is keeping a family apart even longer for really no legitimate reason.

Wife fly.s back to UK next week, which means we really don't have time to get a reply back from embassy if we re-apply or appeal before she fly's.

[theoldgit]

Sorry to hear your bad news, but your relative is wrong about the quotas, there are none.

As it's a family visit you are aware she has the right of appeal, may not fit in with your original plans but I really think she should.

[7by7]

It is not up to the ECO to ask; it is up to the applicant to ensure that all relevant points are adequately covered in each and every application.

It is, of course, impossible to make any comments specific to these refusals without knowing what each refusal notice says.

[VisasPlus]

Update to my original post.

We decided to re-apply for my step daughter UK family visit visa. We addressed the two points on her first refusal, however she was refused for a second time on 4 completely different points that the EC officer should have asked in the first refusal. These additional points could have been easily addressed on the first refusal if they had the fore thought to just ask.

I had already covered two of the refusal points in our first application, but the Embassy seem to have completely missed this or not bothered reading the first application in addition letter. I dont know what these guys are doing, but it smacks to me of just a money grabbing from UK embassy or they have already met thier quotos for the year and are just nit picking to refuse visa's. I was told by a relative to try and avoid applying for visit visas during March and April because more than likely the UK gov have already met thier quotos on certain visa types.

The thing that really irkes me is that all they are doing is keeping a family apart even longer for really no legitimate reason.

Wife fly.s back to UK next week, which means we really don't have time to get a reply back from embassy if we re-apply or appeal before she fly's.

It really would help if you could post the refusal notices.

My advice in my earlier posts still stands. If you appeal the decision must be reviewed before it goes to appeal. This is much quicker than the full appeal.

If you are in the Pattaya area, or if you or your wife can get to our office, we can give you a free consultation, and we can see if the refusal points can be addressed. Personally, I will be in the office until Wednesday this week, then away for one week. If we can help, then please contact us.