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Posted

Picked up my fiancee passport yesterday and was refused a UK Visit Visa on the grounds that we did not provide enough evidence that we have been in a relationship for 2 years.

post-62796-0-41782400-1327974862_thumb.j

Applied online 13th January, got an appointment for 20th January and was refused on 25th January 2012.

Our situation, a few details. I've been living full time with my fiancee in Thailand for over 2 years. She has been working for a government office for over 23 years. She has travelled to various countries in Asia before on holidays. We wanted to travel together back to the UK in April for a 2 week holiday.

Got all the paperwork together and everything we wanted to submit all in one folder. Only the applicant is allowed in the application centre office. So my fiancee handed over everything when she was called and the officer went through all her paperwork. She handed back 26 photos (evidence of our relationship over the years), pay slips, original Chanote paper and copy saying there were not needed. But we wanted to submit everything!!

Also not all of our paperwork was returned. Some items were missing. Friends reference letter, my sponsor letter, parents sponsor letter, my passport copies. Which made me think, was these submit by the application centre??

I know i can't appeal but i will be writing to complain about the application centre, giving back documents saying they are not needed.

It was our first time applying and i researched the internet for lots of information and thought that i had everything in order. But it wasn't to be.

Any help or advice on how to proceed would be gratefully received.

Boycie

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Posted

Sorry to hear your news "Boycie", I don't know where you live but I would make contact with Tony at Visa Plus, he is based in Pattaya, he will certainly offer sound advice.

I think you will find that the UKBA do retain some of the paper work, I doubt very much if VFS would have retained any of it. It's a shame that VFS returned some of the evidence to your fiancee, it's not their job to do that.

Why can she not appeal? I assume your fiancee applied for a visa for a family visit.

Posted (edited)

Was there any evidence to support the PRIMARY condition for issuing a UK visit visa, ie. substantial evidence that she would need to return to Thailand? This is usually solid evidence that she has a job to come back to such as a letter from an employer. I am not sure why an application would require 26 photographs and the chanote (for her home?). It does seem inappropriate that evidence supporting your relationship was handed back by the VFS clerk.

The wording of the refusal notice is pretty clear on what was missing and it seems you may have supplied plenty of information regarding your status, relationship and ability to provide accommodation (and possibly funds?) while she was in the UK. But they only mention one letter in their refusal notice which I assume is yours. Although they didn't itemize it in the refusal notice, maybe there was not enough evidence to show she will actually come back to Thailand IN ADDITION to the stated lack of proof of the relationship.

Edited by NanLaew
Posted

Am also applying shortly, have all the documentation ready. It does state that if you do not supply copies then originals will be kept. These are held on file.

Sorry that it did not work out. Maybe list the documents you had, and maybe those guys in the know can assist you. Try again with their help, am sure you will get it soon, shame about the 3800baht though.

Posted

I had the same with my now ex wife.

I called them up in Manila where the processing centre is and they told me there is no point asking for an appeal, but to jump on board and go through the process again. When you get to the assessment centre again, press the point that all the information was not submitted by them and that there is no reason for them to have failed it. Make a very polite scene about it all.

Nanlaew made a valid point though. The actual main reason "computer says no" is reason to return, as well as evidence of ability to support yourself when you are there. They are a bit stupid on this point because my rejection was because the last balance on the bank statement they took said something like 4 quid which if you read the message sent to me, it was almost loaded with sarcasm "Although might think it is possible to survive in the UK for two weeks on 4 pounds, I can assure you it is not" (almost verbatim) said the admin prick in Manila who had completely failed to see the other statements included showing the savings account. Of course, no point appealing which takes 3+ months when a new application takes a month if they push it.

Reapply; print out the pictures with clear titles, coded numbers linked to reference letters so they have to accept them. Also, skype and msn messages can be used to substantiate as well. In the part where they ask if you have ever had an application refused say yes and go into great detail as to why they were wrong in refusing it, again linking in the photographs (hopefully they are time stamped?) by the numbers you write on them.

They are basically wombats. Lazy wombats at that. You really need to spell everything out to them in very clear easy to follow details.

Posted

I know a Thai woman (42) who has a bloke that came from S.Ireland a couple of times to see her, met on the Net. She's been married we believe 5 times, has no property, works in Pats as well as getting cash from a couple of dozy farangs through the post.

The Irish bloke thinks she's wonderful rolleyes.gif and wanted to take her for a holiday to his homeland and the UK. UK said F.... off, BUT S.Ireland no problem, she's over there for 3 months.

Posted

#1 go to the VFS website section feedback and complaints ---- list your complaint in detail.

#2 CRITICAL -- write a strongly wordedletter to the Consular Section of the Embassy again detailing your complaints.

Embassies worldwide do monitor locaf VFS performance

Dont forget YOUR contact number.

Above two steps usually sees a few cages rattled and you should end up with a new appointment

Posted

#1 go to the VFS website section feedback and complaints ---- list your complaint in detail.

#2 CRITICAL -- write a strongly wordedletter to the Consular Section of the Embassy again detailing your complaints.

Embassies worldwide do monitor locaf VFS performance

Dont forget YOUR contact number.

Above two steps usually sees a few cages rattled and you should end up with a new appointment

Interesting advice here, certainly if you feel that VFS has acted incorrectly you should make a complaint, however I'm not sure that it's "CRITICAL" that you complain to the Consular Section at the embassy. Visa applications are handled by the UKBA, not the Consular Section, their only connection is that they share the same building. By all means write to the ECM, but, if recent reports from those in the know are anything to go by, then I doubt very much if they will send anything more that a generic response, they certainly will not phone OP.

NanLaew makes a valid point about about a reason to return being a very important area to address in the application, I would have thought that if it had not been addressed it would have been mentioned in the refusal notice, I should have said that I would have hoped that it would have been mentioned in the refusal notice.

This thread does highlight the importance of researching the requirements and providing sufficient, meaningful but not overwhelming, evidence to support the application. Applicants should be encouraged to be robust in their dealings with VFS employees.

Posted

Agree mostly with theoldgit except for the overwhelming part. My second (successful) time round I literally did give them so much evidence as to why my wife was not a hooker, as well as why she was not going to change the habit of a lifetime to become one, to refuse her would have come down to a personal dislike or continued incompetence and nothing more.

Hammer home the following points;

1) She owns a house / business etc. She owns a car. She has a good job. These are the things that matter.

2) She has cash in the bank to more than cover her stay. She has a pre paid for RETURN ticket.

3) You have been together for as long as you say you have - if you say 2 yrs, have something that absolutely proves beyond doubt this fact. If you can only prove 1.5 yrs, then prove that.

Overkill in these areas and basically prove she is not going to go on the game in the UK and disappear in the UK only to turn up in a social office in sidcup asking for a house and money. Should do the trick.

Posted

Oh nooo! This has got me worried now. Me and my (Thai) wife are applying for a visiting family visa. We only want to go to the UK for three months to visit family and get me another 12 month visa for Thailand. We have only just started an export business so money is a bit tight, but we cannot be apart again. We've already booked the flight for her (return flights) because I assumed it was straightforward. We only want to go for a holiday while we wait for me to be able to get another 12 month visa.

Oh well, if the UK visa gets refused then I guess we'll have to live in Malaysia for a few months while I sort out my Thai visa. It's a shame but if she gets refused then I'm not going back to the UK without her. We already spent two months apart last time and it was horrible for both of us.

The UK immigration laws are pathetic. If she was from an Islamic nutter let's blow myself up country they'd say 'sure come in, and why not take some benefits on your way'! But hard working Thai's - nonono you pose no threat, go away!

You should never buy tickets in advance, just give the information required and should be okay, my wife applied last year and got it first time round and will apply next week.

Posted (edited)

Agree mostly with theoldgit except for the overwhelming part. My second (successful) time round I literally did give them so much evidence as to why my wife was not a hooker, as well as why she was not going to change the habit of a lifetime to become one, to refuse her would have come down to a personal dislike or continued incompetence and nothing more.

Hammer home the following points;

1) She owns a house / business etc. She owns a car. She has a good job. These are the things that matter.

2) She has cash in the bank to more than cover her stay. She has a pre paid for RETURN ticket.

3) You have been together for as long as you say you have - if you say 2 yrs, have something that absolutely proves beyond doubt this fact. If you can only prove 1.5 yrs, then prove that.

Overkill in these areas and basically prove she is not going to go on the game in the UK and disappear in the UK only to turn up in a social office in sidcup asking for a house and money. Should do the trick.

I'm conscious this is Boycie's thread and he is seeking advice so I don't want to wonder off on a tangent, there are pinned threads that give basic advice on applying for visas, but I really need to address one point, this issue of overwhelming.

It really boils down to one's definition of overwhelming, when you provide a great deal of meaningful evidence, you will remember I said meaningful, and by that I mean the evidence you refer to Adam, evidence of a house, employment and the like can all be put forward to try and convince the ECO that the applicant is likely to return home, that's not overwhelming, though as beano has pointed out return tickets will probably be disregarded.

Some people, and I'm not referring to the current posters, submit 100's of photos, reams and reams of irrelevant evidence and letter of support that run into many pages. You need to bear in mind than an ECO has a very short time to make a decision and they are not going to wade through a shed load of papers to find the relevant evidence.

I would l always advise people to provide all the relevant evidence in a snappy, concise manner, photos are useful at providing evidence but they should be indicitive of the relationship and not a full photo shoot.

Edited by theoldgit
  • Like 2
Posted

If what you say is correct ( and I have no reason to doubt it ) that VFS refused to accept the complete application, then VFS are at fault. The problem, of course, is proving that all the documents were there to start with. Did you do a supporting letter, and did you refer to those documents ( that VFS would not accept ) in that letter ?

Your application was for three months. Does your fiancee have 3 months leave from work ?

You may be aware of the recent Independent Chief Inspectors report on global decision making ? It actually gives an example from Bangkok which seems very similar to own case. It says :

Case study 4 – Bangkok:

The applicant:

• submitted a General Visitor application on 13 November 2009, to visit their partner in the UK,

with supporting documents including i) evidence of their sponsor’s financial circumstances; ii) a

letter from their sponsor describing their relationship;

• was refused entry clearance on 18 November 2009 with one of the grounds for refusal cited as

failure to demonstrate a subsisting relationship with their sponsor.

Chief Inspector’s comments:

• There is no requirement in the Immigration Rules for General Visitors to demonstrate a

subsisting relationship with their sponsor.

4.46 Although Bangkok was not one of the poorest-performing posts where additional information

requirements were made (we identified six cases – 27% of the sample from Bangkok), the case study

at Figure 18 illustrates a recurring finding in Bangkok, where Entry Clearance Officers regularly

refused applications on the grounds that an applicant had failed to demonstrate a subsisting

relationship with their sponsor in the UK. This is not a requirement for General Visitors under the

Immigration Rules, nor was it cited as a requirement in the visitor guidance published by the UK

Border Agency.

4.47 These applicants would not therefore have been aware that they needed to provide this evidence at the

time they made their applications. Citing this as a reason for refusal was therefore unfair, as applicants

were not:

• informed of this requirement at the time they applied; or

• given any opportunity to provide this additional information at the time it was imposed during the decision making process.

What the ICI is saying, in effect, is that if the ECO is not satisfied about the relationship, then he should ask for more evidence, not just refuse the application. But, it seems that the ECOs in Bangkok are completely ignoring the findings in the ICI's report, and continuing to do what they have done all along. I'm not saying that there is no need for a relationship to be established, and there is obviously a lot of sense in being sure that the relationship is genuine. That said, you seem to have been able to show a genuine and subsisting relationship, but were not given the opportunity to do so, either by VFS or the ECO.

If you have evidence ( in the form of a supporting letter ) that you had intended to submit evidence of relationship, then I would be quite happy to take this up on your behalf with the UKBA at the Bangkok Embassy. We submitted a similar application to this in early January, and it was refused a few days later by the same ECO who refused your fiancee's application. We have, this week, got the refusal overturned, even though there is no right of appeal. This is the refusal:

Your Application

You have applied for an entry clearance as a general visitor to the United Kingdom for 3 months. I

have considered your application under Paragraph 41 of the United Kingdom lmmigration Rules.

You can read these rules at:

www.ukba.[omeoffice.ggv.Uk/policyqndlaw/immiqratioJ-l.laVimmiqrationrul-e.gl

The Decision

You have described yourself as unemployed and have stated that you are wholly financially

dependent upon your boyfriend, Mr .................. I must also note that you have no evidence of

assets or property, which might encourage your presence in your country. I am not satisfied, under

these circumstances, that you are economically well settled in your home country which casts doubt

as to your intentions in the United Kingdom. ln light of this I am not satisfied on a balance of

probabilities that you are genuinely seeking entry to the United Kingdom as a visitor or that you

intend to leave the United Kingdom at the end of the visit as required by paragraph a1 (i) and (ii) of

HC395.

I have therefore refused your application because I am not satisfied, on the balance of probabilities,

that you meet all of the requirements of the relevant Paragraph of the United Kingdom lmmigration

Rules.

Your right of appeal is limited to the grounds referred to in section 84(1Xc) of the Nationality,

lmmigration and Asylum Act 2002 .uk.

Entry Clearance Officer: SD

Date of refusal: 04 Jan 2012

Date sent to applicant:

How sent: VAC

@ theold git. Thanks for the mention !

Posted (edited)

The Independent Chief Inspectors report was quite damning in a number of ways. The critical issue with this rejection is 'failure to demonstrate the relationship is genuine' thus leading to the comment about it 'casting doubt on your intentions'.

The report clearly states that it is not acceptable to refuse a further application on new grounds following a refusal (clearly as long as nothing else has changed!). The ECO has stated (by definition) that if you can convince him or her that the relationship is genuine the visa should be issued.

I suspect a further application is the way forward covering this issue. Make it clear which documents you say VFS returned as not required. I think a complaint is in order (even if not much will be done as a result). VFS are not there to decide the documents required.

It sounds as if your full application may have been accepted if the photos and other documents had been included. If you did not already do so as said above, list the documents included.

I would refer to the Independent Chief Inspectors report regarding the reasons to return but emphasis the plus side - property, employment, family etc anyway. Perhaps print out the relevant pages and highlight the paragraphs!

It sounds as if this one particular ECO may require a little re-training! It sounds as if VisaPlus have already got the bit between the teeth on this one so perhaps worth getting an expert involved!

Edited by bobrussell
Posted (edited)

Best wishes to the OP and fiance in their endeavor.

I came across this thread soon after reading a TV rant about how inconvenient it is to stay in Thailand beyond 30 days (on no visa at all). Then there was the other rant (one of dozens I've read) about how poorly farang are treated in Thailand...the irony being that they are in Thailand to be (allegedly) treated poorly.

This thread kind of puts it all into perspective.

Edited by impulse
Posted

VisaPlus - very interesting post thumbsup.gif

I'm not sure I understand the "no need to demonstrate an ongoing and subsisting relationship"???

How do you prove a relationship is genuine then?

RAZZ

Posted (edited)

The jist of the comments as I read in the report were that as a visitor it is not necessary to demonstrate an ongoing and subsisting relationship. A visitor is a visitor and for a visa to be granted the applicant does not need to be in a relationship but simply that the applicant has a reason to visit (which can be an invitation or simply a tourist), can fund the visit, has accommodation or can afford accommodation and has the means and reason to return home at the end of the visit.

A relationship is therefore not relevant to a visit visa!

The report seems to identify that a number of ECO's are getting a bit confused about what a visit is!!

Edited by bobrussell
Posted

Did she have a letter from her employer?

This is very important.

My wife got her passport back with visa 6 days after the interview last week.

Posted (edited)
In the UK (again once the Visa has been got) it's fairly easy sailing, and little hassle other than maybe some delays waiting for paperwork and stamps to come back at each step - but each step IS a step - in the kingdom, it means yearly extensions, continual proof of funds, practically no chance of citizenship or residency, 90 day reports - and if funds are low 90 day border runs and yearly trips for visa renewals.

Foreigners have every chance of residency/citizenship. I don't understand why I hear this so often.

Another thing - how many people come to Thailand and think that they don't have to learn the language?

Can you imagine what would happen to a Thai claiming residency in Uk if all they could say was , "delicious".

If my Vietnamese maid can get citizenship in 3 years don't you think you can?

Edited by Johnniey
Posted
In the UK (again once the Visa has been got) it's fairly easy sailing, and little hassle other than maybe some delays waiting for paperwork and stamps to come back at each step - but each step IS a step - in the kingdom, it means yearly extensions, continual proof of funds, practically no chance of citizenship or residency, 90 day reports - and if funds are low 90 day border runs and yearly trips for visa renewals.

Foreigners have every chance of residency/citizenship. I don't understand why I hear this so often.

Another thing - how many people come to Thailand and think that they don't have to learn the language?

Can you imagine what would happen to a Thai claiming residency in Uk if all they could say was , "delicious".

If my Vietnamese maid can get citizenship in 3 years don't you think you can?

To get citizenship or residency, step #1 you have to have a job in Thailand and pay taxes as well.

For some people who are married and/or retired this is impossible, there fore tehy cannot get past step #1 and therefore no chance of citizenship or residency.

I pay tax on my pensions in the UK.

If I could get them transferred to Thailand TAX FREE from the UK I would willingly pay Thai tax but the UK law states that I cannot, therefore no step# 1.

Posted
In the UK (again once the Visa has been got) it's fairly easy sailing, and little hassle other than maybe some delays waiting for paperwork and stamps to come back at each step - but each step IS a step - in the kingdom, it means yearly extensions, continual proof of funds, practically no chance of citizenship or residency, 90 day reports - and if funds are low 90 day border runs and yearly trips for visa renewals.

Foreigners have every chance of residency/citizenship. I don't understand why I hear this so often.

Another thing - how many people come to Thailand and think that they don't have to learn the language?

Can you imagine what would happen to a Thai claiming residency in Uk if all they could say was , "delicious".

If my Vietnamese maid can get citizenship in 3 years don't you think you can?

In the UK (again once the Visa has been got) it's fairly easy sailing, and little hassle other than maybe some delays waiting for paperwork and stamps to come back at each step - but each step IS a step - in the kingdom, it means yearly extensions, continual proof of funds, practically no chance of citizenship or residency, 90 day reports - and if funds are low 90 day border runs and yearly trips for visa renewals.

Foreigners have every chance of residency/citizenship. I don't understand why I hear this so often.

Another thing - how many people come to Thailand and think that they don't have to learn the language?

Can you imagine what would happen to a Thai claiming residency in Uk if all they could say was , "delicious".

If my Vietnamese maid can get citizenship in 3 years don't you think you can?

coffee1.gif I have been in LOS for years and the only thing the natives understand from my Thai lingo is ''Check Bin''. Any Brit can understand the poorest of English from a foreigner but it doesn't work the other way round, biiiiiiiiig difference. cowboy.gif

Posted

Sorry for the delay in replying to everyone. Many thanks for all your kind words and i'll try and answer all of your questions. So back on track now gentlemen wink.png

theoldgit she applied for a general visitor, i believe that a family visa is for married couples?

NanLaew 2 letters, from employer. One stating name, position, salary, office address. One vacation allowance form, stating dates of holiday (travel), etc all signed by office manager. I then got these translated into English and certified and stamped from the translator company.

Chanote paper, because they want to see if she has house and land In Thailand. As stated in the UK Border Guide to supporting documents!! 26 photos were attached to support our relationship history.

beano2774 original blue book, bank books, por bor tor and divorce papers were all shown, handed back and copies taken. The items they kept i listed in my OP. If people want a list of everything we submitted, let me know and i'll list it.

AdamBanks i think your right. Lazy Wombats, didn't even make phone calls to references. Good advice to everyone else. In the sponsor letter, i should have itemised the supporting documents.

transam are you saying that we should go to Eire on holidays instead?laugh.png

Ger1873 we will do and let you know how we get on.

theoldgit points taken, ECM not Consular Section. I did research the requirements in depth, but kept going back to the UK Border Guide list of supporting documents, which states nothing about relationship evidence!!

AdamBanks many thanks for the points. Copies of return tickets were submitted.

andyl66 best of luck with your application.

beano2274 i booked a one way ticket a year in advance for £150 each, then used reward miles that were expiring for the trip back to Bangkok. How long once you get approved, have you got to enter the UK? Feel sorry for people that have to book flights at the last minute at inflated prices.

theoldgit i thought we had done exactly that. Not overwhelming evidence, just to the point. The photos were dated on the back and of places we've been on holiday together, with famous landmarks in the background. Also us together with my family that have visited many times over the past few years. I could have taken copies of all our entry/exit stamps in our passports of the holidays that we've been on, but i thought that would be overwhelming evidence!!

VisasPlus i did do a sponsor letter, but did not mention the photo's in the letter. I wish i would of now! Our application was for 16 days and she had approval letter from work for the holiday. The case you mentioned does read exactly like ours. I would be very thankful if you could take this is up on my behalf, i'll be in touch with a copy of my sponsor letter to see if it's ok.

Your post should be pinned, to pre-warn other members with their applications.

Johnniey yes she did and i translated it into English too.

I'll keep you posted.

Boyciewai.gif

Posted

I really cannot imagine what you and your good lady must be going through Boycie, you seem to have researched everything and, in my opinion, had got everything covered, it really does seem like a bizarre decision.

I know these sort of decisions annoy the guys at Visa Plus and Thai Visa Express, it seems they come across them almost daily, lets hope Visa Plus can kick ar*e for you - good luck.

Posted
In the UK (again once the Visa has been got) it's fairly easy sailing, and little hassle other than maybe some delays waiting for paperwork and stamps to come back at each step - but each step IS a step - in the kingdom, it means yearly extensions, continual proof of funds, practically no chance of citizenship or residency, 90 day reports - and if funds are low 90 day border runs and yearly trips for visa renewals.

Foreigners have every chance of residency/citizenship. I don't understand why I hear this so often.

Another thing - how many people come to Thailand and think that they don't have to learn the language?

Can you imagine what would happen to a Thai claiming residency in Uk if all they could say was , "delicious".

If my Vietnamese maid can get citizenship in 3 years don't you think you can?

To get citizenship or residency, step #1 you have to have a job in Thailand and pay taxes as well.

For some people who are married and/or retired this is impossible, there fore tehy cannot get past step #1 and therefore no chance of citizenship or residency.

I pay tax on my pensions in the UK.

If I could get them transferred to Thailand TAX FREE from the UK I would willingly pay Thai tax but the UK law states that I cannot, therefore no step# 1.

I didn't know that retirees couldn't get citizenship. I wonder if a Thai retiree married to a British woman could get UK citizenship?

Being Thailand, I'm sure there's a way around this. Have you ever spoken to a lawyer about this Bill?

Sorry for being off topic.

Posted

This is a topic about a UK visit visa refusal; not about Thai visas or citizenship!

On topic posts only in future, please.

Posted (edited)

maybe you should apply for a refugee visa, or better for a terrorist visa, say she want nuke UK once there, and you want be deported to US because she is wanted by FBI, CIA,...

I am sure UK will send some paratroops to thailand to kidnap your fiancee to bring to UK.US did the same with some talibans.

once in UK, say there was a big miatake, she will be free to go in your Eurocrapland and do whatever she wants.

Edited by swisstouristpattaya
Posted

Hi ‘Boycie’…Sorry to hear your fiancée’s been refused a visa….It seems like a lottery, I and my GF have just been though the visa thing, luckily, and I say luckily she got a visa, but have to say I’m happy she got it before reading your post…Or I would not have been so confident.

We do not live together, as she works away in the working week, we see each other at weekends only, for less than two year…But she was told she could have got a visa on her own, didn’t need me as a sponsor, I did anyway, (belt and bracers, so to speak)

The one thing that surprised me was the amount of photographic evidence of our relationship, (as I was down as a sponsor) over 60 photos.

Not being rude, but are you telling the whole truth, I don’t mean you’re lying, but are you convincing yourself you met all the requirements.

I think anyone unsure as to their meeting the visa requirements…… Best get a visa agent, just to be on the safe side.

Good luck with your next attempt.

Posted

maybe you should apply for a refugee visa, or better for a terrorist visa, say she want nuke UK once there, and you want be deported to US because she is wanted by FBI, CIA,...

I am sure UK will send some paratroops to thailand to kidnap your fiancee to bring to UK.US did the same with some talibans.

once in UK, say there was a big miatake, she will be free to go in your Eurocrapland and do whatever she wants.

I have to say this is one of the most stupid and immature posts I have ever read, hardly helping the OP are you.

  • Like 2

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