Thai Wifes Uk Settlement Visa Refused

[POMCHOB]

Congratulations to all those who have recently been successful with

the UK Settlement Visas.

My wife's Settlement Visa was refused today.

I will scan the refusal letter to the forum on Monday for any advise.

For now i would like to know how to prepare and submit the appeal?

And due to our circumstances now is it still possible to get a 6 month UK Visitor Visa while having to wait for an appeal

as it would at least give us some time together ? My wife has always returned when her Visa has run out.

would the UKBA see this in a different light and refuse that too?

I would appreciate any help, cheers from Pomchob

Edited July 29, 2011 by POMCHOB

[kunash]

hi, sorry to hear about your wife's visa refusal. it can be a hard decision as to appeal or just reapply - sometimes it would be quicker to reapply, in which case you just have to wait. before anyone can give you sound advise, i would wait until Monday - when you can post the full refusal letter - (take out any personal details about names or email address's ).

Can you tell us now the main points of the refusal?

When did your wife apply?

[POMCHOB]

hi, sorry to hear about your wife's visa refusal. it can be a hard decision as to appeal or just reapply - sometimes it would be quicker to reapply, in which case you just have to wait. before anyone can give you sound advise, i would wait until Monday - when you can post the full refusal letter - (take out any personal details about names or email address's ).

Can you tell us now the main points of the refusal?

When did your wife apply?

Hi kunash thanks for your reply and advice

Unfortunately I don't have the main points to the refusal yet as my wife is visiting her

family, so another family member opened it thats doesn't understand English, but did confirm no Visa stamp in the passport.

I will post the refusal as soon as i get it and omit personal details, thanks for your help cheers from pomchob

[POMCHOB]

hi, sorry to hear about your wife's visa refusal. it can be a hard decision as to appeal or just reapply - sometimes it would be quicker to reapply, in which case you just have to wait. before anyone can give you sound advise, i would wait until Monday - when you can post the full refusal letter - (take out any personal details about names or email address's ).

Can you tell us now the main points of the refusal?

When did your wife apply?

Hi kunash thanks for your reply and advice

Unfortunately I don't have the main points to the refusal yet as my wife is visiting her

family, so another family member opened it thats doesn't understand English, but did confirm no Visa stamp in the passport.

I will post the refusal as soon as i get it and omit personal details, thanks for your help cheers from pomchob

BTW She made her application 26th May. Pomchob

Edited July 30, 2011 by POMCHOB

[Berek]

another family member opened it thats doesn't understand English,

Do they stamp uk passports? Maybe it's recorded on the immigration computers only? Hope so for your sake.

[kunash]

hi, sorry to hear about your wife's visa refusal. it can be a hard decision as to appeal or just reapply - sometimes it would be quicker to reapply, in which case you just have to wait. before anyone can give you sound advise, i would wait until Monday - when you can post the full refusal letter - (take out any personal details about names or email address's ).

Can you tell us now the main points of the refusal?

When did your wife apply?

Hi kunash thanks for your reply and advice

Unfortunately I don't have the main points to the refusal yet as my wife is visiting her

family, so another family member opened it thats doesn't understand English, but did confirm no Visa stamp in the passport.

I will post the refusal as soon as i get it and omit personal details, thanks for your help cheers from pomchob

BTW She made her application 26th May. Pomchob

thanks for the date. i will add your name to the thread entitled ''UK settlement waiting 2011''. this is useful for other people to see outcomes.

[Thongkorn]

another family member opened it thats doesn't understand English,

Do they stamp uk passports? Maybe it's recorded on the immigration computers only? Hope so for your sake.

They put the visa in her passport , it will say she has 27 months

[POMCHOB]

another family member opened it thats doesn't understand English,

Do they stamp uk passports? Maybe it's recorded on the immigration computers only? Hope so for your sake.

They put the visa in her passport , it will say she has 27 months

Hi Thongkorn thanks for confirming that .

[Thongkorn]

another family member opened it thats doesn't understand English,

Do they stamp uk passports? Maybe it's recorded on the immigration computers only? Hope so for your sake.

They put the visa in her passport , it will say she has 27 months

Hi Thongkorn thanks for confirming that .

No problem they stamp the Visa in her passport and it will say no recourse to public funds and it will have 27 months expiry date on it.

Edited July 30, 2011 by Thongkorn

[POMCHOB]

Hi everyone

Here is a copy of the reasons for my wife's Refusal.

I am totally shocked at the A1 English Test as Vantage-Siam is Cambridge Bulats and

recommended by many members including UKBA website at the time, i check it loads of times,

thats why we chose it.

and on Facebook they have many

photos of successful outcomes who settle in the uk at http://www.facebook.com/VantageFB

so i'm confused .

In 2007 i was in Thailand for at least 3 months and spent much of 2008-2009 in Thailand on a Thai marraige Visa which allows up to 15 months

The reason i went to Thailand was to look at different ideas either to live and work in Thailand.

But after time thought

it would a good idea to see if my wife would like to live in the UK so she came her on a Visit Visa

UKBA doesn't see the full picture in this case I havent been living with my family for 4 years.

The UKBA makes it look like i've gone nowhere living with family but that's not stricly true i was not on benefits while in Thailand i was living off savings.

Thanks in advance for any help that i can get .Cheers Pomchob

[toddmeister]

I am also confused, and now worried by the English test answer. My wife also did the BULATS on 6th May this year when I was with her in Thailand. I checked many times for weeks before the test and Vantage were defo on the list on the VFS website. I am also aware of one member of another forum whos wife did the BULATS well before this and her settlement application was granted

[VisasPlus]

Hi everyone

Here is a copy of the reasons for my wife's Refusal.

I am totally shocked at the A1 English Test as Vantage-Siam is Cambridge Bulats and

recommended by many members including UKBA website at the time, i check it loads of times,

thats why we chose it.

and on Facebook they have many

photos of successful outcomes who settle in the uk at http://www.facebook.com/VantageFB

so i'm confused .

In 2007 i was in Thailand for at least 3 months and spent much of 2008-2009 in Thailand on a Thai marraige Visa which allows up to 15 months

The reason i went to Thailand was to look at different ideas either to live and work in Thailand.

But after time thought

it would a good idea to see if my wife would like to live in the UK so she came her on a Visit Visa

UKBA doesn't see the full picture in this case I havent been living with my family for 4 years.

The UKBA makes it look like i've gone nowhere living with family but that's not stricly true i was not on benefits while in Thailand i was living off savings.

Thanks in advance for any help that i can get .Cheers Pomchob

I think what the visa officer is saying is that Vantage-Siam weren't on the original list of approved test providers, that is the list that was in place when your wife took her A1 test. They are indeed on the list now, but it is a new list. If the visa officer is wrong about the dates, then this is a an easy point to overcome at appeal.

Regarding the other points, it is difficult to comment without knowing your full personal details. You are saying that you were in Thailand for most of the 4 years, but the visa officer seems to think that you were in the UK. Did you fully explain your situation in the application ? If not, then the visa officer has interpreted the facts as she understood them. Did you prepare the application yourself, or did you have help ?

The points made by the visa officer are correct. Third party support should only be short term. If you have not provided any evidence that you are making attempts to find accommodation, then it is hard to argue against that point. Regarding benefits, why does the visa officer state that you are claiming benefits, yet you say that you are not ? If you have been claiming beneifits, but you have not been in the UK, then you could have a big problem. The visa officer has hinted about the fact that you don't seem to have had an income for some years, so how have you been supporting yourself. I know that you said that you were living on savings, but 4 years is a long time to live on savings.

It may be that you didn't present the application well, or it may be that the visa officer is correct in some of her statements. If you think that you are right, then you can appeal ( within 28 days ). But be sure that you are correct, and be aware that if you are making any statements regarding benefits claims that might not be 100% correct, then it could go against you. Alternatively, you can start again. Your wife will need to do a new A1 test with an approved tester. You will need to arrange accommodation in the UK for you both, and also show that you are able to support yourselves finacially.

Edited August 1, 2011 by VisasPlus

[norrona]

when you say the UKBA doesn't see the full picture, did you write any kind of letter of explanation as to your movements over that time and supplied them with the copies of your passport showing the visa stamps etc?

Also with regards to funds/employment, I supplied my bank statements and last 3 months pay slips, did you do any of that?

The point of you bringing your missus back to U.K and living with parents in a 2 bed apartment is quite valid, what if you all don't get on and are turfed out? I understand that this is extreme probably won't happen but the UKBA/ECO are there to point out any kind of obstacles that may crop up in the future.

Just a word of warning with regards to appeals, the British Embassy in Bangkok will run your case till the very end before and if over turning any decisions.

My case last year didn't have as many flaws in it as yours appears to have and from March which was the initial refusal to when my then fiancee finally arrived in early October it was a very long time indeed.

I used an agency who knew what they were talking about and are a sponsor of this forum.

[toddmeister]

"I think what the visa officer is saying is that Vantage-Siam weren't on the original list of approved test providers, that is the list that was in place when your wife took her A1 test. They are indeed on the list now, but it is a new list."

Vantage were on the OLD list because I contacted some of the providers based on the old list in April before I flew out to Thailand. Kevin @ Vantage was given as the contact at that time.

Regards

[VisasPlus]

"I think what the visa officer is saying is that Vantage-Siam weren't on the original list of approved test providers, that is the list that was in place when your wife took her A1 test. They are indeed on the list now, but it is a new list."

Vantage were on the OLD list because I contacted some of the providers based on the old list in April before I flew out to Thailand. Kevin @ Vantage was given as the contact at that time.

Regards

Thanks, toddmeister. That should be easy to show that the visa officer is wrong, then. Still have the other refusal points to get over, though.

[7by7]

It does seem that the ECO has made an error on the English test point; so if that were the only reason for refusal then it would be easily sorted.

However, there is also the maintenance and accommodation issues.

Pomchob, this topic shows that your employment history is somewhat chequered. As said to you in that topic, whilst being unemployed and living with family is ok for the short time, the ECO has to be satisfied that you will be able to support yourselves at some point in the near future. BTW, I don't think it's living with family that's the problem; many have done so, including myself. it's the financial support from them that is causing the ECO concern. As the refusal notice says, how long could this support continue?

Are you working currently? If not, what evidence of a job search did you provide?

Your wife would be allowed to work, and her potential earnings could be taken into account by the ECO. What evidence did you provide that she could easily find employment once in the UK?

I can see why the ECO considers you to have been living with your family, as apart from time spent in Thailand you have been!

You say that while living in Thailand you were living off your savings. How much of these savings are left and so available to you now? What evidence of these savings did you provide?

[POMCHOB]

Hi everyone

Here is a copy of the reasons for my wife's Refusal.

I am totally shocked at the A1 English Test as Vantage-Siam is Cambridge Bulats and

recommended by many members including UKBA website at the time, i check it loads of times,

thats why we chose it.

and on Facebook they have many

photos of successful outcomes who settle in the uk at http://www.facebook.com/VantageFB

so i'm confused .

In 2007 i was in Thailand for at least 3 months and spent much of 2008-2009 in Thailand on a Thai marraige Visa which allows up to 15 months

The reason i went to Thailand was to look at different ideas either to live and work in Thailand.

But after time thought

it would a good idea to see if my wife would like to live in the UK so she came her on a Visit Visa

UKBA doesn't see the full picture in this case I havent been living with my family for 4 years.

The UKBA makes it look like i've gone nowhere living with family but that's not stricly true i was not on benefits while in Thailand i was living off savings.

Thanks in advance for any help that i can get .Cheers Pomchob

I think what the visa officer is saying is that Vantage-Siam weren't on the original list of approved test providers, that is the list that was in place when your wife took her A1 test. They are indeed on the list now, but it is a new list. If the visa officer is wrong about the dates, then this is a an easy point to overcome at appeal.

Regarding the other points, it is difficult to comment without knowing your full personal details. You are saying that you were in Thailand for most of the 4 years, but the visa officer seems to think that you were in the UK. Did you fully explain your situation in the application ? If not, then the visa officer has interpreted the facts as she understood them. Did you prepare the application yourself, or did you have help ?

The points made by the visa officer are correct. Third party support should only be short term. If you have not provided any evidence that you are making attempts to find accommodation, then it is hard to argue against that point. Regarding benefits, why does the visa officer state that you are claiming benefits, yet you say that you are not ? If you have been claiming beneifits, but you have not been in the UK, then you could have a big problem. The visa officer has hinted about the fact that you don't seem to have had an income for some years, so how have you been supporting yourself. I know that you said that you were living on savings, but 4 years is a long time to live on savings.

It may be that you didn't present the application well, or it may be that the visa officer is correct in some of her statements. If you think that you are right, then you can appeal ( within 28 days ). But be sure that you are correct, and be aware that if you are making any statements regarding benefits claims that might not be 100% correct, then it could go against you. Alternatively, you can start again. Your wife will need to do a new A1 test with an approved tester. You will need to arrange accommodation in the UK for you both, and also show that you are able to support yourselves finacially.

Hi VisaPlus

Thank-you for your kind input some answers i can give you are

My wife took the test 20th May at Vantage-Siam i kept double checking

these details on the UKBA website to get the right one .

I supplied copies of my passport Visa Stamps

I thought the officer would assume that i had been away

We mentioned having apartments in Thailand not sure i can remember saying about dates.

I didnt use an Agent for the Settlement Visa i did it myself .

Family members paid for my return flights to thailand and i paid for the second flight from a job i was i and used savings and Credit Cards in Thailand.

Family member paid for my wifes return flight to the UK .

While out of the country from 2007 i was in Thailand for at least 3 months and spent much of May 2008- end of March 2009 in Thailand did not claim benefits from UK.

Although I am claiming benefits now and job hunting and had many interviews and had some work in between

I have provided info from websites that i am an applicant of 2 Housing Associations.Maybe that was overlooked.

I hope this makes it more clear to everyone

lastly i not sure if finding her work in advance and getting them to state it in a letter would be of benefit to her.

Thank-you again VisaPlus for your valuable input cheers from Pomchob

[POMCHOB]

It does seem that the ECO has made an error on the English test point; so if that were the only reason for refusal then it would be easily sorted.

However, there is also the maintenance and accommodation issues.

Pomchob, this topic shows that your employment history is somewhat chequered. As said to you in that topic, whilst being unemployed and living with family is ok for the short time, the ECO has to be satisfied that you will be able to support yourselves at some point in the near future. BTW, I don't think it's living with family that's the problem; many have done so, including myself. it's the financial support from them that is causing the ECO concern. As the refusal notice says, how long could this support continue?

Are you working currently? If not, what evidence of a job search did you provide?

Your wife would be allowed to work, and her potential earnings could be taken into account by the ECO. What evidence did you provide that she could easily find employment once in the UK?

I can see why the ECO considers you to have been living with your family, as apart from time spent in Thailand you have been!

You say that while living in Thailand you were living off your savings. How much of these savings are left and so available to you now? What evidence of these savings did you provide?

Hi 7x7 thanks for your time once again

I made the settlement application after the new ruling on Third Party Help was allowed from Third Party Sponsors

My family are retired have a good income and quite high overdraft facilities too and savings

I have many emails from job hunting i didn't supply

Not working at the moment but i am sure will be soon

and my wife would easily get work here .The UKBA think we will be unemployed but that is far from truth we want to working and building our future together.

I used a credit card in Thailand with savings but i didn't provide those statement because i didn't think it would be needed as I have Third Party sponsors.

Family provided some of the flights they even came with me to meet my wife in 2007.

Thanks for your help 7x7 and the input Pomchob.

[7by7]

An irrelevant rant has been deleted.

Please stick to comments on this refusal and/or advice to the OP.

[chronos]

Clarification needed......with reference to the BULATS A1 test provided by Vantage Siam....ARE you saying that Vantage ARE a recognized provider and WERE so on the 13th May 2011 when my wife took the test?...or am I just adding to my paranoia?

[toddmeister]

Chronos,

My wife did the BULATS on 6th May (we have not yet submitted her application) but at the time and for several weeks before I travelled to Thailand I was checking the VFS website and Vantage Siam were defo on the list of providers on the VFS website. They are also now included on the new list.

When I initially emailed the contact on the VFS website for the BULATS it was listed under another name but the same company. I had a reply from Kevin @ Vantage saying that they had changed their corporate name to Vantage Siam. Shortly after this, but before my wife took the test I noticed that the name had also been amended to Vantage Siam on the VFS list.

[POMCHOB]

Clarification needed......with reference to the BULATS A1 test provided by Vantage Siam....ARE you saying that Vantage ARE a recognized provider and WERE so on the 13th May 2011 when my wife took the test?...or am I just adding to my paranoia?

Hi chronos My wife took her A1English Test with Vantage-Siam 20th May

We were 100% sure from the UKBA list and dates that Cambridge Bulats Test was accepted.

Pomchob

[chronos]

@ toddmeister & Pomchob...

Thanks for the quick response guys...strange I have searched both the VFS and UKBA sites and cannot see any reference on the supplied pdf of current providers...I could of course be looking at something different!

I initially came across Vantage via my Agent (link on their site) and really had no qualms about using them following emails and phone calls to them, reinforced by the 2 visits to their office on the day of the test and when we picked up the pass certificate, it all appeared to be correct.

On the day we submitted the application, all the paperwork was double checked by the agent and it all appeared to be in order..including the BULATS certificate.....perhaps my paranoia is giving me the eebie jeebies!

Pomchob...my heart goes out to you..I can only imagine how you must be feeling right now and I hope to God that we do not experience the same emotional turmoil tomorrow when we pick up the result. I really do hope that you can get it sorted and wish you every best wish for your future.

[toddmeister]

"strange I have searched both the VFS and UKBA sites and cannot see any reference on the supplied pdf of current providers...I could of course be looking at something different!"

The link is found on the "how to apply" page of the VFS website, scroll down to the English Language Requirement section:-

http://www.vfs-uk-th.com/images/A1_Testing.pdf

This is the same link I used to find them when my wife did her test back in May

[bangkockney]

Those that have BULATS certificates, double check that the test report form provides scores in all the skill areas: reading, writing, speaking and listening.

[chronos]

Those that have BULATS certificates, double check that the test report form provides scores in all the skill areas: reading, writing, speaking and listening.

Why?...surely the minimum 'A1' requirement is Speaking & listening?...and sufficient for visa purposes?...or are you saying that if you undertake the BULATS test you have to score in all 4 elements to gain a pass that satisfies visa requirements?

[malct]

For anyone sitting the Exam in the Uk, This is a Reply that i got regarding my GF sitting the Correct Exam.

We advise that you check the GESE page on our website which gives guidelines on how to prepare for the exam http://www.speakscho...ondon/gese.html. Please also see the link below:

Watch a video of the GESE Grade 2 exam, click on 'Gd 2 Dhatri'. Be sure to pay close attention to the language and tasks of Grade 2, as this is the level she will be taking.

Edited August 1, 2011 by malct

[POMCHOB]

Those that have BULATS certificates, double check that the test report form provides scores in all the skill areas: reading, writing, speaking and listening.

Hi bangkockney ,

Thanks for your input ,

we checked that and had all the above scores in the Bulats certificate

cheers from Pomchob

[POMCHOB]

@ toddmeister & Pomchob...

Thanks for the quick response guys...strange I have searched both the VFS and UKBA sites and cannot see any reference on the supplied pdf of current providers...I could of course be looking at something different!

I initially came across Vantage via my Agent (link on their site) and really had no qualms about using them following emails and phone calls to them, reinforced by the 2 visits to their office on the day of the test and when we picked up the pass certificate, it all appeared to be correct.

On the day we submitted the application, all the paperwork was double checked by the agent and it all appeared to be in order..including the BULATS certificate.....perhaps my paranoia is giving me the eebie jeebies!

Pomchob...my heart goes out to you..I can only imagine how you must be feeling right now and I hope to God that we do not experience the same emotional turmoil tomorrow when we pick up the result. I really do hope that you can get it sorted and wish you every best wish for your future.

Hi Chronos I wish you good Luck tomorrow hope all goes well for you

and thank-you for the kind words in a very trying time for my wife and myself

I will be keeping my fingers crossed for you both and good luck to you Too for the future.:jap: Pomchob

[cleverD]

Those that have BULATS certificates, double check that the test report form provides scores in all the skill areas: reading, writing, speaking and listening.

Why?...surely the minimum 'A1' requirement is Speaking & listening?...and sufficient for visa purposes?...or are you saying that if you undertake the BULATS test you have to score in all 4 elements to gain a pass that satisfies visa requirements?

You are absolutely correct in that when my wife took the test in march at Corporate english Consulting They insisted she took a 4 part test including Writing And reading which is not required for a UK settlement Visa.As it happens my wife is very proficient at english and easily passed the test but I find it very annoying that the test requirement is not properly specified by the UK Border Agency and yet again Visa Applicants are struggling with very poor UK agency guidelines.!!!