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Posted

Does anyone(who has gone through one) know what happens after a letter from the tribunal in the UK arrives at an address in Thailand. Does it mean they are still looking at the overview or has it been sent to the UK for the process of a court appeal?The letter just states that they will contact my in laws again around the 15th November which will take it up to 16wks since we appealed the original decision.

Again did you ask for the transcripts of the telephone conversation ?

By the time i got the documents back and asked the agent he had already put the appeal in so can only go by what the grandmother said which i know means i have no comeback on what she has said.

Posted (edited)

Topic title amended.

I assume by 'We got refused on the overview' that you mean you have submitted a notice of appeal and the Entry Clearance Manager at the embassy has reviewed the decision and upheld the refusal.

The next stage is that everything will be sent to the First-tier Tribunal (Immigration and Asylum Chamber) (FTTIAC) in the UK and a date set for the hearing. This can be a lengthy wait, I'm afraid.

See Appeals - visas and entry clearance and Appeals for more details.

There is nothing to stop you from submitting both an appeal and a new application; withdrawing one when/if the other is successful. However, if you do submit a new application unless you adequately deal with the reasons for the refusal of the first one, it will only be refused again.

BTW, you don't say what type of visa was applied for, and by whom. It sounds from your OP that it was settlement for your step-daughter; is this correct?

It may also help people advise you if you were to post the original refusal notice; removing names and any identifying info.

Edit.

Checking your posting history, I see you have already posted on this; it's your step-daughter's refusal. So, again, I've merged the topics so people wont have to search their memories to try and remember the history.

It will help people give you advice if you

  • Post another copy of the refusal notice, this time removing identifying info as mentioned above.
  • Answer the questions already asked.
  • Keep everything in the one topic and not start a new one each time.

The second page was sent as a scanned email from my agent so i dont know the contents but have been told it was just stating my full rights etc. In the appeal(overview) we have addressed the points only to be refused again. To fail on the phone conservation how does this affect our chances of reapplying and how can i get my documents back as i would imagine they have been sent to the tribunal?

Sabina.pdf

Edited by brynpugh
Posted

With reference to the comments about the points we got refused, the ECO who speaks fluent Thai seems to have misunderstood my mother in law who has lived in Laos and Isaan all her live so with this in mind it was hard for her to understand the position she was in. Her phrase of the father being in touch regular was actually about me(in the village im seen as the girl's father) as its been documented with the Embassy he has never seen his daughter. My wife has just returned from her village where she had been since February doing the passport and visa. We didnt take the daughter over as my wife was 4month pregnant and we only had a 1bedroom bungalow so wouldve failed on accommodation, and we both wanted the baby born in the UK as this is where we want to live, hopefully with my stepdaughter also once we had sold our properity and bought a house which would fuliful the criteria for a settlement visa. My job was also away to end as i worked offshore and the contract wasnt getting renewed so i would end up with a lower wage and not permanent so again we wouldve been refused on them grounds. all this was submitted but....

The first thing is to address the refusal :

  • You would have not have met the accommodation requirements 1985 housing act. ( fully explain this the ECO can only assume unless you actually explain everything)
  • Your personal circumstances are your wife was pregnant at the time so you waited before you submitted an application.
  • Fully explain you could not maintain the daughter had you applied earlier & you wanted to ensure that you would meet the maintenance & accommodation requirements.
  • Ask for transcripts of the telephone conversation between the ECO & your wife's mother.
  • You inserted the Phor Khor 14 I presume ?

Posted

By the time i got the documents back and asked the agent............

The second page was sent as a scanned email from my agent............

You have an agent!

Why isn't s/he keeping you fully informed and dealing with all your questions?

Posted

By the time i got the documents back and asked the agent............

The second page was sent as a scanned email from my agent............

You have an agent!

Why isn't s/he keeping you fully informed and dealing with all your questions?

obviously i have been let down by them as it looks 7by7 no?I really do wish this was a laughing matter but unfortunately it isnt

Posted

Nobody is laughing; but getting relevant information from you is like pulling teeth! People here want to help you, but can't if you don't tell us everything.

If you have dispensed with the agent's services you must get all the documentation back from them.

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