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Posted

Ok,my Thai partner and I applied for a settlement visa to the UK back in June,the visa was refused 6 weeks later purely based

on me not explaining or showing where my income had come from,I have since sent several extra bank statements

and explained in detail my employment records,this was included in my appeal which was sent in August.

My partner and I have since had a baby in Bangkok and I have had to leave my job with permission from my boss in the UK

on the condition that I come back a few weeks after my babies birth,in the mean time I have applied for a passport

for my newborn but I am frustrated at slowness of the appeal process for my partner.(official decison date,anytime before 16th Jan)

As I need to take my partner and newborn home now I need to know if I can apply for a tourist visa( 6 months) to the UK while

I am awaiting a decision on the settlement visa ?

I would be grateful of any help or information people have on this

Thanks

Posted

No. They would need passports for each one. Unless the flood problems slow things down the processing time for settlement visas have been quite short recently.

Posted

No. They would need passports for each one. Unless the flood problems slow things down the processing time for settlement visas have been quite short recently.

But its an appeal,they only asked for the additional information for this as they have a copy of her passport,its my understanding that if they

were to grant the settlement visa my girlfriend would have to hand her passport in for the visa stamp,the rest of the folder was handed back, so my girlfriend still has her passport ....

Posted

No. They would need passports for each one. Unless the flood problems slow things down the processing time for settlement visas have been quite short recently.

I think you have misunderstood the situation. The settlement visa has been refused. The OP has appealed.

Okay, firstly, there is nothing to stop you making a visit visa application for your partner. But, since you have a settlement application going to appeal, then it might be very difficult to convince the visa officer that your partner has a reason to return to Thailand at the end of any visit.

Secondly, you refer to your "partner". Are you married ? It would seem that you live in the UK ( you say you are working there), and your partner lives in Thailand. If this is the situation, what were the grounds of application for a settlement visa ? Was it a fiancee visa ? You also say that the visa was refused because you did not explain where your income came from, but you have now done so. If this is the case, and you have provided proof, then the decision could have, or should have, been overturned at the ECM review in Bangkok. If you have provided everything required, and the decision has not been overturned, then it would seem that the UKBA are not happy with your grounds of appeal, and they are happy for this to proceed to the appeal court in the UK.

I would suggest that you post the full refusal reasons ( removing personal and identifying details ) so that we can comment further on your situation. The refusal reasons may, of course, affect any visit application for your partner, depending on what the visa officer has said in the refusal.

Posted

No. They would need passports for each one. Unless the flood problems slow things down the processing time for settlement visas have been quite short recently.

I think you have misunderstood the situation. The settlement visa has been refused. The OP has appealed.

Okay, firstly, there is nothing to stop you making a visit visa application for your partner. But, since you have a settlement application going to appeal, then it might be very difficult to convince the visa officer that your partner has a reason to return to Thailand at the end of any visit.

Secondly, you refer to your "partner". Are you married ? It would seem that you live in the UK ( you say you are working there), and your partner lives in Thailand. If this is the situation, what were the grounds of application for a settlement visa ? Was it a fiancee visa ? You also say that the visa was refused because you did not explain where your income came from, but you have now done so. If this is the case, and you have provided proof, then the decision could have, or should have, been overturned at the ECM review in Bangkok. If you have provided everything required, and the decision has not been overturned, then it would seem that the UKBA are not happy with your grounds of appeal, and they are happy for this to proceed to the appeal court in the UK.

I would suggest that you post the full refusal reasons ( removing personal and identifying details ) so that we can comment further on your situation. The refusal reasons may, of course, affect any visit application for your partner, depending on what the visa officer has said in the refusal.

I stand corrected. Presumably the passport is returned pending the appeal process. It should teach me not to just skim the top of the post!

I still think you cannot apply for two visas at once but this is an appeal and a visa application.

Posted

No. They would need passports for each one. Unless the flood problems slow things down the processing time for settlement visas have been quite short recently.

I think you have misunderstood the situation. The settlement visa has been refused. The OP has appealed.

Okay, firstly, there is nothing to stop you making a visit visa application for your partner. But, since you have a settlement application going to appeal, then it might be very difficult to convince the visa officer that your partner has a reason to return to Thailand at the end of any visit.

Secondly, you refer to your "partner". Are you married ? It would seem that you live in the UK ( you say you are working there), and your partner lives in Thailand. If this is the situation, what were the grounds of application for a settlement visa ? Was it a fiancee visa ? You also say that the visa was refused because you did not explain where your income came from, but you have now done so. If this is the case, and you have provided proof, then the decision could have, or should have, been overturned at the ECM review in Bangkok. If you have provided everything required, and the decision has not been overturned, then it would seem that the UKBA are not happy with your grounds of appeal, and they are happy for this to proceed to the appeal court in the UK.

I would suggest that you post the full refusal reasons ( removing personal and identifying details ) so that we can comment further on your situation. The refusal reasons may, of course, affect any visit application for your partner, depending on what the visa officer has said in the refusal.

Thanks for this information,the reason the visa was declined.

Last year I spent 9 months in Thailand with my fiancee,while I was in Thailand I was still in recept of payments for my job from the UK,

I received 7 payments out of 9months I was in Thailand.

When I came back to the UK I searched for a job which I found after 3months and included the job letter offer in with the settlement visa.

His response was to say he was not satisfied with my ability to look after my fiancee and our expectant baby because there was

4/5 months were I had no money going into my account,two of these months were based from when I was still in Thailand

and the other three were when I arrived back in the UK.

In the original application I handed in bank statement covering the last two years with an average take home of £2/3000 after tax,I presumed

that this was proof enough of my ability to take care of my partner and baby,but he was more interested in the previous few months

and was not aware of other savings I had available.

I will try and find the original refusal and paste it on here,but that was the basis,he did not refuse on any other area of the application

Posted

No. They would need passports for each one. Unless the flood problems slow things down the processing time for settlement visas have been quite short recently.

I think you have misunderstood the situation. The settlement visa has been refused. The OP has appealed.

Okay, firstly, there is nothing to stop you making a visit visa application for your partner. But, since you have a settlement application going to appeal, then it might be very difficult to convince the visa officer that your partner has a reason to return to Thailand at the end of any visit.

Secondly, you refer to your "partner". Are you married ? It would seem that you live in the UK ( you say you are working there), and your partner lives in Thailand. If this is the situation, what were the grounds of application for a settlement visa ? Was it a fiancee visa ? You also say that the visa was refused because you did not explain where your income came from, but you have now done so. If this is the case, and you have provided proof, then the decision could have, or should have, been overturned at the ECM review in Bangkok. If you have provided everything required, and the decision has not been overturned, then it would seem that the UKBA are not happy with your grounds of appeal, and they are happy for this to proceed to the appeal court in the UK.

I would suggest that you post the full refusal reasons ( removing personal and identifying details ) so that we can comment further on your situation. The refusal reasons may, of course, affect any visit application for your partner, depending on what the visa officer has said in the refusal.

Thanks for this information,the reason the visa was declined.

Last year I spent 9 months in Thailand with my fiancee,while I was in Thailand I was still in recept of payments for my job from the UK,

I received 7 payments out of 9months I was in Thailand.

When I came back to the UK I searched for a job which I found after 3months and included the job letter offer in with the settlement visa.

His response was to say he was not satisfied with my ability to look after my fiancee and our expectant baby because there was

4/5 months were I had no money going into my account,two of these months were based from when I was still in Thailand

and the other three were when I arrived back in the UK.

In the original application I handed in bank statement covering the last two years with an average take home of £2/3000 after tax,I presumed

that this was proof enough of my ability to take care of my partner and baby,but he was more interested in the previous few months

and was not aware of other savings I had available.

I will try and find the original refusal and paste it on here,but that was the basis,he did not refuse on any other area of the application

Okay, I understand what you are saying, but what evidence have you provided for the appeal that will overcome the refusal reasons ? You say in your first post ; "I have since sent several extra bank statements and explained in detail my employment records,this was included in my appeal which was sent in August.". Explaining your past employment records will not overcome the reasons for refusal. You also say : "and I have had to leave my job with permission from my boss ..........." Again, I understand what you are saying, but this will not necessarily impress the visa officer in any new application.

The best outcome would have been to fully explain everything in your grounds of appeal in the hope that the decision would be overturned at the ECM review in Bangkok, of course, and a carefully worded appeal might have done that. It seems that the ECM has not accepted your grounds as appeal as good enough to make her overturn the decision here in Thailand. It will, therefore, go to appeal in the UK. You can, of course, attend that appeal. In the meantime, if you intend to apply for a visit visa for your partner, you will need to show good solid evidence of employment, and/or funds, in the UK. If you are still here in Thailand, having resigned from your job, when the application is made, I don't think the application will be successful unless you have good documentation, etc.

Posted

No. They would need passports for each one. Unless the flood problems slow things down the processing time for settlement visas have been quite short recently.

I think you have misunderstood the situation. The settlement visa has been refused. The OP has appealed.

Okay, firstly, there is nothing to stop you making a visit visa application for your partner. But, since you have a settlement application going to appeal, then it might be very difficult to convince the visa officer that your partner has a reason to return to Thailand at the end of any visit.

Secondly, you refer to your "partner". Are you married ? It would seem that you live in the UK ( you say you are working there), and your partner lives in Thailand. If this is the situation, what were the grounds of application for a settlement visa ? Was it a fiancee visa ? You also say that the visa was refused because you did not explain where your income came from, but you have now done so. If this is the case, and you have provided proof, then the decision could have, or should have, been overturned at the ECM review in Bangkok. If you have provided everything required, and the decision has not been overturned, then it would seem that the UKBA are not happy with your grounds of appeal, and they are happy for this to proceed to the appeal court in the UK.

I would suggest that you post the full refusal reasons ( removing personal and identifying details ) so that we can comment further on your situation. The refusal reasons may, of course, affect any visit application for your partner, depending on what the visa officer has said in the refusal.

Thanks for this information,the reason the visa was declined.

Last year I spent 9 months in Thailand with my fiancee,while I was in Thailand I was still in recept of payments for my job from the UK,

I received 7 payments out of 9months I was in Thailand.

When I came back to the UK I searched for a job which I found after 3months and included the job letter offer in with the settlement visa.

His response was to say he was not satisfied with my ability to look after my fiancee and our expectant baby because there was

4/5 months were I had no money going into my account,two of these months were based from when I was still in Thailand

and the other three were when I arrived back in the UK.

In the original application I handed in bank statement covering the last two years with an average take home of £2/3000 after tax,I presumed

that this was proof enough of my ability to take care of my partner and baby,but he was more interested in the previous few months

and was not aware of other savings I had available.

I will try and find the original refusal and paste it on here,but that was the basis,he did not refuse on any other area of the application

Okay, I understand what you are saying, but what evidence have you provided for the appeal that will overcome the refusal reasons ? You say in your first post ; "I have since sent several extra bank statements and explained in detail my employment records,this was included in my appeal which was sent in August.". Explaining your past employment records will not overcome the reasons for refusal. You also say : "and I have had to leave my job with permission from my boss ..........." Again, I understand what you are saying, but this will not necessarily impress the visa officer in any new application.

The best outcome would have been to fully explain everything in your grounds of appeal in the hope that the decision would be overturned at the ECM review in Bangkok, of course, and a carefully worded appeal might have done that. It seems that the ECM has not accepted your grounds as appeal as good enough to make her overturn the decision here in Thailand. It will, therefore, go to appeal in the UK. You can, of course, attend that appeal. In the meantime, if you intend to apply for a visit visa for your partner, you will need to show good solid evidence of employment, and/or funds, in the UK. If you are still here in Thailand, having resigned from your job, when the application is made, I don't think the application will be successful unless you have good documentation, etc.

So from what I have said and with the amount of time that has gone by,you are predicting that my case was rejected ?

In the appeal I included recent sales targets that I had hit as well as half a dozen wage slips that was covering the previous 6 months.previous

to this I had left them out as I presumed stupidly that my bank statements would be sufficient.

I cant explain how stressful this situation is,but I need to get something sorted quickly,If I apply for a tourist holiday and Visa and include all my savings

as well as a detailed explanation of my current sabatical from work do you think we stand a chance of being granted a holiday visa ?

Posted

Okay, I understand what you are saying, but what evidence have you provided for the appeal that will overcome the refusal reasons ? You say in your first post ; "I have since sent several extra bank statements and explained in detail my employment records,this was included in my appeal which was sent in August.". Explaining your past employment records will not overcome the reasons for refusal. You also say : "and I have had to leave my job with permission from my boss ..........." Again, I understand what you are saying, but this will not necessarily impress the visa officer in any new application.

The best outcome would have been to fully explain everything in your grounds of appeal in the hope that the decision would be overturned at the ECM review in Bangkok, of course, and a carefully worded appeal might have done that. It seems that the ECM has not accepted your grounds as appeal as good enough to make her overturn the decision here in Thailand. It will, therefore, go to appeal in the UK. You can, of course, attend that appeal. In the meantime, if you intend to apply for a visit visa for your partner, you will need to show good solid evidence of employment, and/or funds, in the UK. If you are still here in Thailand, having resigned from your job, when the application is made, I don't think the application will be successful unless you have good documentation, etc.

So from what I have said and with the amount of time that has gone by,you are predicting that my case was rejected ?

In the appeal I included recent sales targets that I had hit as well as half a dozen wage slips that was covering the previous 6 months.previous

to this I had left them out as I presumed stupidly that my bank statements would be sufficient.

I cant explain how stressful this situation is,but I need to get something sorted quickly,If I apply for a tourist holiday and Visa and include all my savings

as well as a detailed explanation of my current sabatical from work do you think we stand a chance of being granted a holiday visa ?

It seems as though the ECM has reviewed the refusal decision and decided not to overturn it. This means that your grounds of appeal were not strong enough to convince the ECM that she should overturn it. Now the appeal will go to the tribunal in the UK to be heard by an Immigration Judge.

I would not put the odds of success in a visit visa application at more than 50/50. I say this because the visa officer will be thinking about what happens if he issues a visit visa. In all probability your partner would be in the UK when the appeal is heard. What will you do if she loses the appeal ? Will you send her back to Thailand, or will you try to keep her in the UK with you ? The visa officer may well think that you will not happily allow her to return to Thailand to make another settlement application.

Posted

I did not realise they presumed the worse of people with regards to some of your answers about her not wanting to return

after the settlement was refused before,it would not make a lot of sense in her overstaying in the UK,I cant see anyone

who is after a settlement ignoring the return dates for a tourist visa.

My plan was apply for the tourist visa explaining that I have a new family and with the importance of staying together while

the settlement is sorted out,anytime spent in thailand recently would under the maternity time from my employer.

There was a story I read on the net the other day regarding someone in my situation,the guy took his baby to the UK

and went straight on benefits based upon his mother not (Thai)not being aloud a Visa so he was now a fulltime dad.

A visa was later issued for the Thai partner so the father could come off the benefits system.

Im not interested in going to these lenths but I need some result soon or I will go insane.

I thank you for all your help

Posted

I did not realise they presumed the worse of people with regards to some of your answers about her not wanting to return

after the settlement was refused before,it would not make a lot of sense in her overstaying in the UK,I cant see anyone

who is after a settlement ignoring the return dates for a tourist visa.

My plan was apply for the tourist visa explaining that I have a new family and with the importance of staying together while

the settlement is sorted out,anytime spent in thailand recently would under the maternity time from my employer.

There was a story I read on the net the other day regarding someone in my situation,the guy took his baby to the UK

and went straight on benefits based upon his mother not (Thai)not being aloud a Visa so he was now a fulltime dad.

A visa was later issued for the Thai partner so the father could come off the benefits system.

Im not interested in going to these lenths but I need some result soon or I will go insane.

I thank you for all your help

Sorry if I come over as too negative, but I feel it is only right to point out the possible problems. Good luck.

Posted

You can, of course, apply for another settlement visa for your partner, if you want. But only do so if you are 100% sure that you have everything that is needed. Then, if the settlement application is successful, you can withdraw the appeal. Be aware, though, that if the new settlement application is refused too, then you will have lost a lot of money in application fees. You will, of course, also have another right of appeal, though. Again, good luck

  • 2 weeks later...
Posted

Had this thread closed as its similar to another Ive asked.....)

Hello

Was just wondering if my Thai wife(from next next week ) can apply for the visa of family visitor to the UK.

I have been with my fiancee for four years and at present I am awaiting the response to an appeal for a settlement visa that

got refused purely based on the fact that I have spent more time in Thailand over the last two years and could not prove my income.

Now while I have started new work in the UK I dont have 6 months worth of wage slips built up....

So I was wondering if we could apply for a family visitor with my sister as the sponser,my sister has several business and is very successful,by

the time her family visa would be up,I would have enough wage slips to apply for a new settlement visa and get it granted.

Is this possible ?

P.S We have a one month old baby who I would do anything to have back in the UK for this Xmas!

Posted

As with a lot of tourist visas the main hurdle is demonstrating reasons to return! There may be an automatic assumption that you are trying to get round the immigration rules by your wife remaining after a visit.

As you are clearly settled in the UK they will tend to expect a newly married couple to want to stay together!

Are you planning to move family to the UK lock, stock and barrel? If you are, perhaps go down the settlement route. Other threads suggest processing times are quite short at the moment. It has been recommended that you include a statement on an application for a visit visa that you would not want to jeopardise a future settlement application.

Perhaps this might be one for a good agent!

Posted (edited)

Im already awaiting an appeal for a settlement,long term goal is to settle in the UK with the family,I just need someone

in the know to tell if a sister in law,my sister can sponser my Thai wife on a family or general visit visa for 6months,when

this time has past I will have everything the settlement visa requires.

I cant stand the thought of spending the next 3/6 months away from my new family,I have done it before for work,but

its gonna kill me,not seeing my kid on top of it.

I would not have anything against using an agency but I was refused because for the last 6 months I was away in Thailand

I was living off savings,so I dont have 6 recent wage slips.

Anyone who has a solution will be picking up some major karma points as I dont have the heart to tell

my new wife that we are gonna be apart for the next 6 months

Edited by kobrien
Posted

As said to you in your other topic, my view is that any visit application while she is awaiting the result of the appeal is going to be seen as an attempt to get around the settlement rules and the ECO will have grave doubts about her intention to leave the UK at the end of the visit.

It is not a question of who is providing the finances for the visit, it is a question of whether your wife will leave the UK when her visit visa expires.

If your sister is willing, third party support is allowed in settlement applications.

Posted

As said to you in your other topic, my view is that any visit application while she is awaiting the result of the appeal is going to be seen as an attempt to get around the settlement rules and the ECO will have grave doubts about her intention to leave the UK at the end of the visit.

It is not a question of who is providing the finances for the visit, it is a question of whether your wife will leave the UK when her visit visa expires.

If your sister is willing, third party support is allowed in settlement applications.

Thanks for the info,one last thing,is third party support not aloud for tourist visa's / family visits ?

Posted

As said to you in your other topic, my view is that any visit application while she is awaiting the result of the appeal is going to be seen as an attempt to get around the settlement rules and the ECO will have grave doubts about her intention to leave the UK at the end of the visit.

It is not a question of who is providing the finances for the visit, it is a question of whether your wife will leave the UK when her visit visa expires.

If your sister is willing, third party support is allowed in settlement applications.

Thanks for the info,one last thing,is third party support not aloud for tourist visa's / family visits ?

Yes, third party support (in writing and with evidence of affordability) is allowed.

Posted

kobrien, I hate to see a fellow Hammer in trouble!

I can only sympathise with what you're going through, must be a nightmare.

With regard to the Family Visit Visa, my wife was recently granted one so I've been through the process and there's very little difference between that and the 'regular' Visit Visa apart from the right to appeal which comes with the Family Visit Visa.

I do agree that if you apply for a visit visa the ECO would more than likely assume that you're trying to get around the fact that your settlement visa was refused.

That doesn't mean that you shouldn't apply for one, but it does definitely mean that you will have to address that concern head on.

Really emphasise the fact that your long-term aim is to settle as a family in the UK but that you want a visit whilst your circumstances for settlement are being finalised.

You will have to demonstrate very very strong reason to return and I would suggest that it might be a good idea to perhaps withdraw the appeal and say that you intend, after the visit, to work hard to make sure that your life circumstances meet the criteria for a settlement visa.

Basically, you'd be saying that, your settlement visa was refused, you realise what you will need to do in order to be successful in the future, which you are working on, but in the meantime, you want your wife and child to at least be able to visit you .

This is just an idea, only my opinion, but it may put a new twist on how your application is perceived?

Good luck mate!

Biff

Posted

kobrien, I hate to see a fellow Hammer in trouble!

I can only sympathise with what you're going through, must be a nightmare.

With regard to the Family Visit Visa, my wife was recently granted one so I've been through the process and there's very little difference between that and the 'regular' Visit Visa apart from the right to appeal which comes with the Family Visit Visa.

I do agree that if you apply for a visit visa the ECO would more than likely assume that you're trying to get around the fact that your settlement visa was refused.

That doesn't mean that you shouldn't apply for one, but it does definitely mean that you will have to address that concern head on.

Really emphasise the fact that your long-term aim is to settle as a family in the UK but that you want a visit whilst your circumstances for settlement are being finalised.

You will have to demonstrate very very strong reason to return and I would suggest that it might be a good idea to perhaps withdraw the appeal and say that you intend, after the visit, to work hard to make sure that your life circumstances meet the criteria for a settlement visa.

Basically, you'd be saying that, your settlement visa was refused, you realise what you will need to do in order to be successful in the future, which you are working on, but in the meantime, you want your wife and child to at least be able to visit you .

This is just an idea, only my opinion, but it may put a new twist on how your application is perceived?

Good luck mate!

Biff

Cheers Biff,sounds like good advice,I may have to go down this route.COYI

Posted

Just an idea mate, you'd need extremely strong 'reason to return' as well.

The main reason to return, I imagine, would be so that your wife can apply again for a settlement visa.

The risk would be that they might just think she would overstay on the visit visa. Still might be worth a try though, if you time it right, she could see us get promoted ;)

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