Uk Settlement Visa Refusal+ Chances Of Uk Family Visitor Visa

[jpjp]

Hi,

My wife has just had her UK settlement visa refused with the reason given as not meeting the financial requirement. I have a solid permanent job offer at a University in UK that will pay comfortably over the threshold. I am currently a University lecturer in Thailand which does not pay over the 18600. I originally believed the rules were somewhat ambiguous for people working overseas with good job offers to return to UK having had advise from: a UK citizens advise bureau, an UK immigration lawyer and an email from VFS. However this does not seem to be the case, particularly with what I think is a revised version of section-FM-1.7.pdf.

This leads me to the situation of where both my wife and I have handed in our 3 month resignation letters.

I don't have much choice other than to start the job that I have been offered and to accrue the 6 months of UK salary so that we can make a fresh application.

We therefore really want to apply for a visit visa for my wife so that we, together with our 3 year old son, who has had some quite serious breathing difficulties over the last 2 years which however appear to have improved with him getting older can be together for at least 5 months of the hopefully not too long 8 or more months until we can hopefully get a successful settlement visa outcome.

Can anyone tell me if they have had success of obtaining a family visitor visa after a settlement visa refusal (or not)?

I understand reason to return seems to be a big thing to prove for a visitor visa. As my wife has quit her job, there is not much option there. However would returning to make a fresh settlement visa application be reason enough?

Regarding the settlement visa refusal: would the refusal notice include *all* reasons for the refusal, or could they pick something else out on the 2nd future application?

Thank you.

[jpjp]

I should add that VFS were as helpful as they could be given that they can't comment on individual cases and their reply was basically a quote from the UKBA documentation. They also referred me to the relevant UKBA documentation for more detailed information regarding my query.

[PeeJay1959]

Could your wife retract her resignation? The reason for return is a grey area, Does she have property? If not your best chance is the return to apply for settlement. If you fail, then you'll have to wait the 6 months, a vv is not expensive and 6 months is not a long time, My wife and I are waiting for me as I've only just got a promotion giving me over 18,600, she lives in Thai and me in the UK, it'll be worth the wait/

Pete and Tia

[Tony M]

In theory there should be no reason why your wife cannot qualify for a visit visa. But, the fact that she has been refused a settlement visa recently will be in the ECO's mind. Paul at Thai Visa Express ( TVE sponsors this forum) has had successful applications in similar circumstances to yours.

Again, in theory, a refusal notice should contain all of the reasons for refusal, but in practice they often don't, and a second refusal contains new reasons even though circumstance s haven't changed ( apart from addressing the reasons given for the refusal). There was, and probably still is, guidance to ECOs to include all refusal reasons in the GV51, and UKBA was criticised by the Independent Chief Inspector of Immigration for failing to comply with this guidance. Unfortunately, UKBA continue to do exactly what they want, and the practice still continues.

If you do want to go down the visit visa route, then my advice would be to get the application submitted in the next 2/3 weeks, before the right of appeal in family visit visa applications is stopped ( probably on 25th June). At least your wife would then have a right of appeal against any "poor" refusal reasons, which she won't have after the 25th June.

[jpjp]

Thank you Pete and Tia, yes 6 months is not all that long and we may try for a visitor visa.

Thank you TonyM. I don't know who or what to blame! But I'm sure UKBA have a hard enough time in many ways. Maybe I should not have expected to be treated any differently. Although I'm now in the process of tracking down the previous versions of FM1.7 so that I can see if there is any logic in making an appeal for us, as it really is too much money to loose. From what I can see visa agents do a grand job. My colleague is using one to help him put an application together so that he can bring his family while he studies for a PhD. I hope he can without too many problems.

[Chicken George]

I did not think they could refuse her as she has a child with British nationality.. shows how much I know. Had a friend 6 years ago whose thai wife was pregnant and she was reffused a settlement visa.. he threatned them with the Eitopean court of human rights ssying itwas his right to have his child born in the UK. She was immediatly given the visa. Good luck

[bobrussell]

I did not think they could refuse her as she has a child with British nationality.. shows how much I know. Had a friend 6 years ago whose thai wife was pregnant and she was reffused a settlement visa.. he threatned them with the Eitopean court of human rights ssying itwas his right to have his child born in the UK. She was immediatly given the visa. Good luck

It is quite difficult for the Home Office to justify the removal of the parent of a British child once in the UK because it has to have potential human rights (child and spouse)implications.

If the family/parent is not in the UK I suspect it is much easier to refuse a visa for the non-EU parent.

I wonder if the ECO might consider there is a risk that the parent will try to apply for settlement once in the UK on these grounds.

These really are 'messy' cases and perhaps better dealt with by experts!