My Wife's Uk Visitor Visa Mistake

[Asty1]

Hi some advice for a total cock up.

Having completed my wife’s visa application for a UK Visitor Visa I have found I have made a total cock up.

I completed the form for Family Visitor VAF1B, on arrival at Regent House visa Application Centre in Bangkok I was informed that I should use Form Vaf1A at I would be travelling with my wife and that was the wrong form I needed General Visitor Application Form.

However they were unable give that to me, as their computers were not able to connect with the uk.gov site.

I returned to my hotel downloaded the correct form VAF1A uploaded the form to my website for the others in the Centre to down load.

Having returned to the Regent House I asked Information about my application and if I had the correct form they advised me against using the family visitor if I was applying for a 2-year visa and they may only give you 6 month Visa.??

My application was submitted.

A week later I have a refusal on the grounds of

I do not meet the requirements for 2 years visa Paragraph 41(i)

And that they do not feel I am genuinely seeking to enter the UK, as a visitor and that I don’t intend to leave the UK at the end of the visa.

Oh dear, I was applying for a 6 month visa when I saw the option for a 2 year visa and all the fuss at the House I opted to take the two year visa not realising that the visa had not changed for Visitors as Settlement visa had but stayed the same.

I made a mistake thinking I could apply or a 2 years visa and now I have given the wrong impression. 2 yesr Is for the Time limit on the visa not the Visa itself

What would be the right thing to do, apply again or try to contact the embassy and inform them of the mistake?

Any advice thanks

[VisasPlus]

To answer your first point, VFS had no right to tell you to complete a new application form. They have been criticised, and believe it or not, trained by the UKBA recently on just this point. This is an extract from an email from the UKBA in Bangkok to me, dated 27th August 2012, after we complained about exactly this wrong information having been given by VFS :

"I am writing in response to your email dated 20^th August.

I am disappointed to hear that you have cause to complain about xxxxxxxxxxxx's experience at the VFS visa application centre and I would like to offer my apologies for the embarrassment which this caused your client.

As you are aware there have been some recent changes to the Family visitor rules and staff at VFS have obviously misunderstood some of these changes. We are speaking to the Staff at VFS and will provide some refresher training on this area.

To clarify the changes in the rules and how they affect the community in Thailand, should a Thai national be travelling with her British husband (or Unmarried partner where the couple have been in a relationship akin to marriage or civil partnership for at least the 2 years before the day the application is made and the relationship is genuine and subsisting) then they can apply as a family visitor.

We have provided instructions to the visa application centre to accept applications even if the applicant does not qualify as a family visitor and we will amend to the general visitor category once the application reaches the visa section at the British Embassy if it is clear that the applicant does not meet the family visitor criteria."

You should bring this to the attention of the UKBA in Bangkok as a complaint. Feel free to use the extract from my email above.

Regarding the 2 year visa. There is an option to apply for a 2 year visa, but the maximum period for a visit is 6 months. When answering the questions about how long you would stay in the UK, what did you put ? If you said 6 months, then you might be able to argue a case against the refusal. If you said longer, even 2 years, then you have virtually no chance of getting the decision overturned. If you can post the refusal notice (removing any names and personal details ), we will be a able to let you know more. Or, just type out the full reasons for refusal here, and we can give further advice.

Because VFS advised you that a family visit application was not appropriate, you have lost any right of appeal that you might have had in a family visit application. This alone is enough to make a formal complaint against VFS. The fact that they are allowed to carry on doing this, and continue to give bad advice to applicants, is unbelievable.

In view of the fact that you were given bad, misleading, and totally illegal advice by VFS, the UKBA in Bangkok might look sympathetically on your situation, but they might just advise you to re-apply.

Edited October 27, 2012 by VisasPlus

[Asty1]

To answer your first point, VFS had no right to tell you to complete a new application form. They have been criticised, and believe it or not, trained by the UKBA recently on just this point. This is an extract from an email from the UKBA in Bangkok to me, dated 27th August 2012, after we complained about exactly this wrong information having been given by VFS :

"I am writing in response to your email dated 20^th August.

I am disappointed to hear that you have cause to complain about xxxxxxxxxxxx's experience at the VFS visa application centre and I would like to offer my apologies for the embarrassment which this caused your client.

As you are aware there have been some recent changes to the Family visitor rules and staff at VFS have obviously misunderstood some of these changes. We are speaking to the Staff at VFS and will provide some refresher training on this area.

To clarify the changes in the rules and how they affect the community in Thailand, should a Thai national be travelling with her British husband (or Unmarried partner where the couple have been in a relationship akin to marriage or civil partnership for at least the 2 years before the day the application is made and the relationship is genuine and subsisting) then they can apply as a family visitor.

We have provided instructions to the visa application centre to accept applications even if the applicant does not qualify as a family visitor and we will amend to the general visitor category once the application reaches the visa section at the British Embassy if it is clear that the applicant does not meet the family visitor criteria."

You should bring this to the attention of the UKBA in Bangkok as a complaint. Feel free to use the extract from my email above.

Regarding the 2 year visa. There is an option to apply for a 2 year visa, but the maximum period for a visit is 6 months. When answering the questions about how long you would stay in the UK, what did you put ? If you said 6 months, then you might be able to argue a case against the refusal. If you said longer, even 2 years, then you have virtually no chance of getting the decision overturned. If you can post the refusal notice (removing any names and personal details ), we will be a able to let you know more. Or, just type out the full reasons for refusal here, and we can give further advice.

Because VFS advised you that a family visit application was not appropriate, you have lost any right of appeal that you might have had in a family visit application. This alone is enough to make a formal complaint against VFS. The fact that they are allowed to carry on doing this, and continue to give bad advice to applicants, is unbelievable.

In view of the fact that you were given bad, misleading, and totally illegal advice by VFS, the UKBA in Bangkok might look sympathetically on your situation, but they might just advise you to re-apply.

Hi Thanks for the reply and advice.

Unfortunately I have put a two-year stay on the application.

When they said to change the form the information desk told me that I could apply for a two year stay but I may only get 6 months so I left the period dates as is 2 years if I was using the Family Visitor Visa.

This all started when my wife was called up to the first desk in Regency house after she was there a few minutes the clerk called me over and said “ he has been advised by his boss to tell people to use the correct form and that was General Visa application. He told my wife, as she was not visiting her blood relations she would find it hard to get a visa using Family Visa application. The lady said to my wife in Thai, “go away and do General visa”. Later that day having read the online details of application we left the dates as they were 2 year and used the Vaf1B

Also the refusal note only refers to what I have in the bank they have not mentioned my savings.

My situation at the time of arriving at Regency house at 10 am with my wife and 5 month old baby.

First having been told to change the application and no one knowing why

Second they could not supply the correct form as the office could not download it.

We had to drive back across Bangkok to the hotel to get the right form upload to my server as other people were waiting for the same form back at regency House

Back to the office 2.30, Baby not happy at this point and the security saying that I will have to leave if the child cries, went through the form with the Information desk, this they time said that I could use the original form I used in the morning if I wanted my wife to stay longer than 6 moths

Also the refusal note only refers to what I have in the bank they have not mentioned my savings.

I left the dates as is and submitted the form VAF1B Family Visa Application

Thanks for the help however I can send the refusal note to you privately but don’t feel it wise to post in public

[VisasPlus]

I have sent you a PM with email address

[VisasPlus]

Thanks. I have seen the refusal letter.

There is no right of appeal against the decision because you applied for something that is not covered by the immigration rules. There is no such thing a 2 year visit. Even though you applied for a family visit visa there is no right of appeal because your wife was "seeking to be in the United Kingdom for a period greater than that permitted by immigration rules."

As you cannot appeal, a new application seems to be the only way forward.

[7by7]

This all started when my wife was called up to the first desk in Regency house after she was there a few minutes the clerk called me over..........

I thought only applicants were allowed into the application centre.

Are you sure it was VFS staff you were speaking to and not the agency on the same floor; who have no connection with VFS nor the embassy.

[MrZM]

I think they have become more lenient on who goes in the VFS office. When we applied for a Tourist visa they allowed me to go inside along with my wife and child I also noticed other British men with their partners.

I also had the same problem, whilst applying they said I shouldn't use a family visit form, and advised for us to change it to general visit form. We did.

We were not refused the visa, though I was annoyed we changed the form, as it ended costing 1500 baht to do so, as again the vfs computers were down.

The VFS office should be in its own seperate premises, there should not be agents in and around the vfs office.

[Asty1]

This all started when my wife was called up to the first desk in Regency house after she was there a few minutes the clerk called me over..........

I thought only applicants were allowed into the application centre.

Are you sure it was VFS staff you were speaking to and not the agency on the same floor; who have no connection with VFS nor the embassy.

Hi Yes the staff, I was called to the counter as my wife could not understand why we had the wrong form, so they called me up, the young chap behind the counter didn't have a good understanding of English when he explained to me that his boss had told him to advise applicants to use the general visa application form and not the family visa that was for people who were travelling alone to see family.

I think the only way around this now if for me to re apply and explain the situation. The way they refused me saying they did not believe my wife would leave the UK at the end of the Visa. What a load of rot, I have no intensions of of such a stupid suggestion.

Thanks for all the advice and help

Edited October 28, 2012 by Asty1

[Asty1]

Thanks. I have seen the refusal letter.

There is no right of appeal against the decision because you applied for something that is not covered by the immigration rules. There is no such thing a 2 year visit. Even though you applied for a family visit visa there is no right of appeal because your wife was "seeking to be in the United Kingdom for a period greater than that permitted by immigration rules."

As you cannot appeal, a new application seems to be the only way forward.

Yes a silly mistake on my part initially i only wanted a 6 month Visa but when i applied online i understood the rules to have changed as they had done for the settlement Visa. So when the drop down box was presented saying " How long do you want the visas for" 6 Months 1 year 2 year etc and i saw the fee were not the same 14040B i thought that the rules had changed and applied for a 2 year visa thinking that would be plenty of time to be in the UK. That's a stupid mistake, My would have had to after 3 months as we have a business here. A silly error. Anyways VFS Told me i could, as i asked when i applied they said Oh yes can apply but you may only get 6 months confirming that i had selected the correct duration. So I didn't changed it on the form. Morel of the story, don't believe the people at VFS and check with someone who has already applied before thereby avoiding the silly miss take i made.

Cheers for the help

[rawhod]

I am a little confused now...

My Thai wife and I are currently in the UK coming to the end of our planned 4 month stay on her 6 month Family visit visa.

For the 9 months before the application we had lived together in our house in Thailand and we travelled together to the UK.

This information was included in her application and we had no problem acquiring a Family visit visa. The form VAF1B Family visitor asks that the family member is "Permanently settled in the UK", I consider that I am, and the UKBA must have considered me so.

I am confused as to why the VFS staff are asking applicants to change the type of visa application from Family visit to General visit if the husband is accompanying their Thai wife to the UK.

[rawhod]

.

I think the only way around this now if for me to re apply and explain the situation. The way they refused me saying they did not believe my wife would leave the UK at the end of the Visa. What a load of rot, I have no intensions of of such a stupid suggestion.

Thanks for all the advice and help

Nearly every one on here who has applied for a visa for their wife/girlfriend/partner has the same thoughts. However, it is up to the applicant to convince the UKBA that they will return.

Take a look at the numerous threads dealing with this subject and try again. Our first application failed but then we have since had two successful applications. Don't be daunted

Good luck.

[VisasPlus]

I am a little confused now...

My Thai wife and I are currently in the UK coming to the end of our planned 4 month stay on her 6 month Family visit visa.

For the 9 months before the application we had lived together in our house in Thailand and we travelled together to the UK.

This information was included in her application and we had no problem acquiring a Family visit visa. The form VAF1B Family visitor asks that the family member is "Permanently settled in the UK", I consider that I am, and the UKBA must have considered me so.

I am confused as to why the VFS staff are asking applicants to change the type of visa application from Family visit to General visit if the husband is accompanying their Thai wife to the UK.

Read my earlier post ( post 2 above) on VFS giving poor information. The reason they do it is because they don't know what they are doing, even after having been told by the Embassy not to do it. The UKBA should consider moving the application process to a different provider.

[Asty1]

A strange situation to be in, I made a mistake with filling the forms. At VFS the Clerk at the counter apart from having poor English wanted me to change the form to General Visitor and said clearly when I asked about the 2 years stay” Yes you can do that but depending on your circumstances they may only give you 6 moths.

If at any time someone said to me you cant do that it has not changed you can only get a 6 month stay I would have changed the application, as we only intended to stay 6 months from the start. They took 1440 B for 2 years I could have paid 5000B for 6 months.

Ok now I have the situation where by I am refused because

1 I don’t have sufficient funds. 5500 in the bank an over draft facility of 1,500 no mortgage to speak of and a steady private pension.

2 Having applied for an up to two-year stay they don’t believe I will return at the end of the stay.

I have to return to the UK due my house being left empty.

So what do I do leave my 5 month old son a British Subject on a farm in Isan open to all that goes with that, or take him back to the UK with me and have social services on my back, as I doubt they will allow a man of 60 years old to take care a 5 month old.

I can’t get to grips with the thought process here; it would cost the UK more money in that situation than it would to feed my wife for 6 months.

So I have enough to take care my son but don’t have enough money to feed my wife.

What about the human right on this one, is this a breach of my sons human rights? Denying him access to his mother for no good reason.

Is it ok to leave a British Subject at the age of 5 in a third world Country, but not ok to send an asylum seeker home to same.

As regards the possibility that my wife would default on here visa, well I have lived in the same house for 30 years I have had a professional job and a 5 month old son. I don’t have any criminal record so why would they think I would suddenly become a criminal?

All they have to do is send a couple of BIB around to my house, as I’m not going anywhere. Having said that they may have a hard time finding her, her English is as good as mine, They would end up taking my whole street in as none of them can converse in English.

Totally ridicules I don’t believe they even looked into this application with any details they saw the error and some chap as in Homer Simpson sketch hit the REJECT button for the day.

I feel apart from my own stupidity this could have been avoided with VFS having competent English speaking staff that have a good understanding of the Visa system and advised me and others of the correct process. As it was they didn’t but supported my 2 year application saying I may only get 6 months.

It also may have helped if the VFS Online Application System worked as it was I had to provide my website for others to download the correct forms.

Edited October 30, 2012 by Asty1

[VisasPlus]

A strange situation to be in, I made a mistake with filling the forms. At VFS the Clerk at the counter apart from having poor English wanted me to change the form to General Visitor and said clearly when I asked about the 2 years stay” Yes you can do that but depending on your circumstances they may only give you 6 moths.

If at any time someone said to me you cant do that it has not changed you can only get a 6 month stay I would have changed the application, as we only intended to stay 6 months from the start. They took 1440 B for 2 years I could have paid 5000B for 6 months.

Ok now I have the situation where by I am refused because

1 I don’t have sufficient funds. 5500 in the bank an over draft facility of 1,500 no mortgage to speak of and a steady private pension.

2 Having applied for an up to two-year stay they don’t believe I will return at the end of the stay.

I have to return to the UK due my house being left empty.

So what do I do leave my 5 month old son a British Subject on a farm in Isan open to all that goes with that, or take him back to the UK with me and have social services on my back, as I doubt they will allow a man of 60 years old to take care a 5 month old.

I can’t get to grips with the thought process here; it would cost the UK more money in that situation than it would to feed my wife for 6 months.

So I have enough to take care my son but don’t have enough money to feed my wife.

What about the human right on this one, is this a breach of my sons human rights? Denying him access to his mother for no good reason.

Is it ok to leave a British Subject at the age of 5 in a third world Country, but not ok to send an asylum seeker home to same.

As regards the possibility that my wife would default on here visa, well I have lived in the same house for 30 years I have had a professional job and a 5 month old son. I don’t have any criminal record so why would they think I would suddenly become a criminal?

All they have to do is send a couple of BIB around to my house, as I’m not going anywhere. Having said that they may have a hard time finding her, her English is as good as mine, They would end up taking my whole street in as none of them can converse in English.

Totally ridicules I don’t believe they even looked into this application with any details they saw the error and some chap as in Homer Simpson sketch hit the REJECT button for the day.

I feel apart from my own stupidity this could have been avoided with VFS having competent English speaking staff that have a good understanding of the Visa system and advised me and others of the correct process. As it was they didn’t but supported my 2 year application saying I may only get 6 months.

It also may have helped if the VFS Online Application System worked as it was I had to provide my website for others to download the correct forms.

I again advise you to read my earlier post. VFS have been instructed by the British Embassy not to advise applicants which form to complete. A visa officer will decide whether a family visit is appropriate or not, not a staff member of VFS. You must now complain to the Embassy ( UKBA), as expressing your dissatisfaction with VFS in this forum will not change anything, but a complaint to the Embassy might.

One possible explanation for VFS's actions might be that by when they advise an applicant to use a different form they offer their computer ( to download it ) at a cost of 250 THB. That is , when their computers are working, of course. I have mentioned the possibility that is just a money-making exercise by VFS to the UKBA in Bangkok, but they have declined to comment.

[Asty1]

A strange situation to be in, I made a mistake with filling the forms. At VFS the Clerk at the counter apart from having poor English wanted me to change the form to General Visitor and said clearly when I asked about the 2 years stay” Yes you can do that but depending on your circumstances they may only give you 6 moths.

If at any time someone said to me you cant do that it has not changed you can only get a 6 month stay I would have changed the application, as we only intended to stay 6 months from the start. They took 1440 B for 2 years I could have paid 5000B for 6 months.

Ok now I have the situation where by I am refused because

1 I don’t have sufficient funds. 5500 in the bank an over draft facility of 1,500 no mortgage to speak of and a steady private pension.

2 Having applied for an up to two-year stay they don’t believe I will return at the end of the stay.

I have to return to the UK due my house being left empty.

So what do I do leave my 5 month old son a British Subject on a farm in Isan open to all that goes with that, or take him back to the UK with me and have social services on my back, as I doubt they will allow a man of 60 years old to take care a 5 month old.

I can’t get to grips with the thought process here; it would cost the UK more money in that situation than it would to feed my wife for 6 months.

So I have enough to take care my son but don’t have enough money to feed my wife.

What about the human right on this one, is this a breach of my sons human rights? Denying him access to his mother for no good reason.

Is it ok to leave a British Subject at the age of 5 in a third world Country, but not ok to send an asylum seeker home to same.

As regards the possibility that my wife would default on here visa, well I have lived in the same house for 30 years I have had a professional job and a 5 month old son. I don’t have any criminal record so why would they think I would suddenly become a criminal?

All they have to do is send a couple of BIB around to my house, as I’m not going anywhere. Having said that they may have a hard time finding her, her English is as good as mine, They would end up taking my whole street in as none of them can converse in English.

Totally ridicules I don’t believe they even looked into this application with any details they saw the error and some chap as in Homer Simpson sketch hit the REJECT button for the day.

I feel apart from my own stupidity this could have been avoided with VFS having competent English speaking staff that have a good understanding of the Visa system and advised me and others of the correct process. As it was they didn’t but supported my 2 year application saying I may only get 6 months.

It also may have helped if the VFS Online Application System worked as it was I had to provide my website for others to download the correct forms.

I again advise you to read my earlier post. VFS have been instructed by the British Embassy not to advise applicants which form to complete. A visa officer will decide whether a family visit is appropriate or not, not a staff member of VFS. You must now complain to the Embassy ( UKBA), as expressing your dissatisfaction with VFS in this forum will not change anything, but a complaint to the Embassy might.

One possible explanation for VFS's actions might be that by when they advise an applicant to use a different form they offer their computer ( to download it ) at a cost of 250 THB. That is , when their computers are working, of course. I have mentioned the possibility that is just a money-making exercise by VFS to the UKBA in Bangkok, but they have declined to comment.

Cheers I will make that complaint, however i had no idea they would have charged me for the form. I went back to my hotel and uploaded to my server for the guy in the back office to download and it worked well so he makes 250 B each time, well that answers a few questions now Amazing Thailand