Uk Visa Form Work Or No Work

[stconan]

just need some good solid advise, my wife wants to come to england only for 8 weeks , on the visa form it says about my wifes employment . my wife does not work , i support her. but a friend said that she should say she is at work this looks better for a visa, but i think telling the truth is a better option, does anyone think differant, could do with a few facts thanxs.

[Monkeypants]

just need some good solid advise,  my wife wants to come to england only for 8 weeks , on the visa form it says about my wifes employment . my wife does not work , i support her. but a friend said that she should say she is at work this looks better for a visa, but i think telling the truth is a better option, does anyone think differant, could do with a few facts  thanxs.

<{POST_SNAPBACK}>

ALWAYS ALWAYS ALWAYS tell the truth,

DO NOT be tempted with anything else

[GU22]

Exactly,

ALWAYS TELL THE TRUTH!!!

stconan,

If tempted to lie, remember that the embassy will want to see a letter from her boss granting her a leave of absence.

The reason people may be tempted to lie about this is to give a reason to return. You say she is your wife, so I assume that you live with her in Thailand? Do you work? Own property?

You can be her reason to return, there is no need to lie.

Edited October 17, 2005 by GU22

[stconan]

Exactly,

ALWAYS TELL THE TRUTH!!!

stconan,

If tempted to lie, remember that the embassy will want to see a letter from her boss granting her a leave of absence.

The reason people may be tempted to lie about this is to give a reason to return. You say she is your wife, so I assume that you live with her in Thailand? Do you work? Own property?

You can be her reason to return, there is no need to lie.

<{POST_SNAPBACK}>

thanxs i will tell the truth, she lives at the moment in thailand and im working in england im going back in a week so i can bring her back with me if possible, she preganant and will be to big to visit next year. thanx again

[GU22]

she lives at the moment in thailand and im working in england im going back in a week so i can bring her back with me if possible, she preganant and will be to big to visit next year. thanx again

Oh!

Think about this for a minute.

She is pregnant, she doesn't work and her husband lives and works in England. What possible reason will she have for returning to Thailand? I'm sorry, but any ECO is almost certain to reject a visit visa application as they will believe that once she is here she will want to stay.

Why doesn't she want to live in the UK with you? You don't need to answer me, but she will need a very good answer for the ECO.

[stconan]

she lives at the moment in thailand and im working in england im going back in a week so i can bring her back with me if possible, she preganant and will be to big to visit next year. thanx again

Oh!

Think about this for a minute.

She is pregnant, she doesn't work and her husband lives and works in England. What possible reason will she have for returning to Thailand? I'm sorry, but any ECO is almost certain to reject a visit visa application as they will believe that once she is here she will want to stay.

Why doesn't she want to live in the UK with you? You don't need to answer me, but she will need a very good answer for the ECO.

<{POST_SNAPBACK}>

she has a daughter already in thailand, and i will eventually after my contract finishes at work will stay in thailand. she is only 2 months gone so she does,nt look like shes pregant, and i dont think we will say .

Edited October 17, 2005 by stconan

[the scouser]

If you do not wish to disclose the pregnancy, that is your choice. However, whilst a visa applicant has no duty of candour, i.e. they are not obliged to mention something unless specifically asked, they are still obliged to disclose any fact material to them getting the visa. That may appear contradictory, but that's the law for you. Failure to disclose a material fact can result in an application being refused should the fact become known. Notwithstanding this, there may be a 12-16 week hiatus between your wife applying for the visa and her being interviewed, in which case, this "fact" may well by then be all too apparent to the visa officer, without the need for questioning.

Based on the information you have provided here, it is likely that the visa officer will conclude that your wife will not leave the UK at the end of her holiday. You should, as a minimum, show the visa officer some concrete evidence of your plans to settle in Thailand once your contract is finished.

Best of luck,

Scouse.

[mrbojangles]

Just my 2 satang. If I was an ECO and a wife had applied for a "Visit Visa" to go and see her husband, instead of applying for a "Settlement Visa" that, to me, would show that she intends to return, as she doesn't want to even apply to settle in the UK. Of which, she would have probably been granted, being married, pregnant etc. In this instance, that is the "TRUTH". Or am i missing something? Is this a typical scam, that ECO's are used to?

[the scouser]

The reality is that the truth seldom matters with regard to visa applications. Each application is judged upon the legal burden of the balance of probabllities; i.e. given a certain set of circumstances is it likely that the requirements of the immigration rules will be fulfilled?

Now apply that to stconan's situation. You have a Thai lady married to a Brit. She is pregnant and dependent upon him for financial support, yet he lives and works in the UK. The immigration rules as they relate to visitors require that the visa applicant has to satisfy the visa officer that he/she intends to leave the United Kingdom at the end of the visit. Given stconan's wife's circumstances, is it probable that she would leave the UK after 8 weeks, separating from her husband, returning to Thailand to continue her pregnancy without his moral support, and severing her immediate link to her source of income? Pose that question to a random sample of people who know nothing of stconan and his wife, and the answer would be no. I have no reason to think that stconan and his wife wish to do anything other than have her visit for 8 weeks, with the intention of settling in Thailand once his contract finishes, but, as can be seen, once the probability question is posed, a wholly different purpose to the application can be inferred.

However, if stconan were able to show the visa officer some concrete evidence of his plans to relocate to Thailand, that would make his claim more probable and increase the likelihood of his wife getting her visit visa.

Scouse.

[stconan]

The reality is that the truth seldom matters with regard to visa applications. Each application is judged upon the legal burden of the balance of probabllities; i.e. given a certain set of circumstances is it likely that the requirements of the immigration rules will be fulfilled?

Now apply that to stconan's situation. You have a Thai lady married to a Brit. She is pregnant and dependent upon him for financial support, yet he lives and works in the UK.  The immigration rules as they relate to visitors require that the visa applicant has to satisfy the visa officer that he/she intends to leave the United Kingdom at the end of the visit. Given stconan's wife's circumstances, is it probable that she would leave the UK after 8 weeks, separating from her husband, returning to Thailand to continue her pregnancy without his moral support, and severing her immediate link to her source of income? Pose that question to a random sample of people who know nothing of stconan and his wife, and the answer would be no. I have no reason to think that stconan and his wife wish to do anything other than have her visit for 8 weeks, with the intention of settling in Thailand once his contract finishes, but, as can be seen, once the probability question is posed, a wholly different purpose to the application can be inferred.

However, if stconan were able to show the visa officer some concrete evidence of his plans to relocate to Thailand, that would make his claim more probable and increase the likelihood of his wife getting her visit visa.

Scouse.

<{POST_SNAPBACK}>

thank you for all your support, i understand all your answers, this isn,t a scam i just wanted my wife to meet my family for the first time, and i think because next year she will be to big to travel and i will be in thailand for at least every 2 month next year with her. These visa,s are hard im not gonna lie to anyone, and we are going to be honest about everything even the baby. I have mountains of paper work to support my wife application, and a bit of luck would,nt go a miss. thanx all again.

[MyNameIsFarang]

Given stconan's wife's circumstances, is it probable that she would leave the UK after 8 weeks, separating from her husband, returning to Thailand to continue her pregnancy without his moral support, and severing her immediate link to her source of income?

<{POST_SNAPBACK}>

I have to disgree with this. It should be clear, or readily shown, that her source of income is not severed. We do have international banking, after all.

And does she not have family in Thailand to provide moral support during her pregnancy? If anything I think the fact that she will be four moths pregnant by her expected departure date strengthens their argument as after that it will be increasingly unsafe for her to fly back.

[GU22]

If anything I think the fact that she will be four moths pregnant by her expected departure date strengthens their argument as after that it will be increasingly unsafe for her to fly back.

Therefore making it increasingly unlikely that she will fly back. Remember, too, that visitors do not have access to NHS treatment, so the ECO may also be suspicious that she is coming to have her baby here.

Unfortunately, the ECOs see so many chancers and people who lie to try and get a visa that it makes it very difficult for genuine applicants such as stconan and his wife.

I'm sure Scouse can clarify, but I feel that the burden is upon the applicant to prove that they are genuine, and if the ECO has doubts then the application will be rejected.

[the scouser]

Also, stconan's wife may well have to wait 12-16 weeks for an interview, so if she were to get the visa, she would, by that time, be 6 months pregnant - 8 by the time she intends to leave the UK, and unable to fly.

It is not possible for someone to "prove" that theie intentions are genuine, after all no-one knows what will happen once someone arrives in the UK. That is why the balance of probabilities burden is applied; i.e. given the circumstances of an individual application, what is the likely outcome?

Scouse.

[bkk_mike]

If anything I think the fact that she will be four moths pregnant by her expected departure date strengthens their argument as after that it will be increasingly unsafe for her to fly back.

Therefore making it increasingly unlikely that she will fly back. Remember, too, that visitors do not have access to NHS treatment, so the ECO may also be suspicious that she is coming to have her baby here.

Unfortunately, the ECOs see so many chancers and people who lie to try and get a visa that it makes it very difficult for genuine applicants such as stconan and his wife.

I'm sure Scouse can clarify, but I feel that the burden is upon the applicant to prove that they are genuine, and if the ECO has doubts then the application will be rejected.

<{POST_SNAPBACK}>

The other side of that picture is - my wife had one baby in the UK, born at an NHS hospital... - After that experience, the next one was born in a private hospital in Thailand. The fact she's pregnant is, if anything, a bigger reason to return to escape from the NHS.

(So we had to pay - it was worth it.)

Ironically, I believe as the wife of an EU citizen, she'd automatically get a visit visa (for free) from France and most of the other countries in the EU. (And similarly a Thai wife of a French husband would have a far easier time getting a UK visit visa). Is there a way for applying for what is, I believe, an EU spouse visa at the British embassy for the foreign spouse of a British citizen. i.e. No need to prove reason to return, but doesn't give the right to apply for ILR, and doesn't cost as much as a full-blown settlement visa?

Edited October 19, 2005 by bkk_mike

[the scouser]

Is there a way for applying for what is, I believe, an EU spouse visa at the British embassy for the foreign spouse of a British citizen.

<{POST_SNAPBACK}>

Yes, if stconan is also a national of an EU/EEA country, other than the UK. Technically, it's not a visa but, rather, a family permit and is issued free of charge.

Scouse.

[stconan]

I think on the day it will be up to the eco, i said before we can only be honest and foward with any info they want. If they say about that my wife needs an interview and we have to wait , it wont be worth it because i am coming back in 8 weeks anyway. But from the eco ,s point of view and what scouse as said i understand it may not look like what it seems, but if ya dont ask ya dont get!!!!! so we are off there monday and who no's. thanx again all the view are allways helpfull.

[caledonia]

Ironically, I believe as the wife of an EU citizen, she'd automatically get a visit visa (for free) from France and most of the other countries in the EU. (And similarly a Thai wife of a French husband would have a far easier time getting a UK visit visa). Is there a way for applying for what is, I believe, an EU spouse visa at the British embassy for the foreign spouse of a British citizen. i.e. No need to prove reason to return, but doesn't give the right to apply for ILR, and doesn't cost as much as a full-blown settlement visa?

<{POST_SNAPBACK}>

If only it was true - sadly I have learnt from experirence that this only applies when you are excercising your EU workers rights. So for instance if you worked in France and were therefore excercising your workers rights then your wife (where ever based) could come on a free visitor visa and they are only allowed to establish the relationship.

Sadly we tried that one with Spain but as my hubby was not a Uk resident traveling with his EU spouse WITHIN the Eu nor was I a residend in Spain he had to meet the normal requirments - bit of a bummer and they told him to come back in six months and "forget the Eu sturff" whatever that means!!!

However - this one I love- if you were to say go to Spain to work and get your wife to join you there and you were there for a minumum of three months (enough to be classed a resident) you could apply to the UK under the EU worker scheme and they would give her a Brisith permit without any questions - all falls under Surrinder Singh laws or something. In my endless imigration searches have came across a few hilarious cases were folk deported numerous times from the Uk have joined their wives somewhere else in Europe and Britain have had to let them return together!!

Anyway sorry I have went on a rambling long one here - but some of the stuff I come accross cracks me up!!!