A long time to be separated (UK)

[Tony M]

I have shamelessly borrowed this from another blog :

My client applied for a spouse visa in May 2012. A refusal was eventually issued in November 2012. The appeal took place today, 14 months after the application and 8 months after the refusal. The hearing took 20 minutes and it was allowed there and then by the judge. It could be another two or three months until the Home Office get around to issuing the visa, I warned.

This is no way to run an immigration system for human beings.

And just one comment on the blog, so far :

30 July 2013 at 11:59 am

Good for them. But lucky to be able to afford the fees. I am a pensioner and have been separated from my wife since January 2011. No help from my MP and cannot afford the fees so stuck in limbo land!

Edited July 30, 2013 by Tony M

[Jay Sata]

Reading the above the application to the point of refusal was six months. Not bad for an understaffed and overloaded government department

The appeal is a legal process and as anyone who has ever had any dealings with lawyers knows this is never fast track. The odds are the appeal was allowed because no one turned up from the Border Agency. Eight months seems reasonable. My divorce took a lot longer.

You should try using the planning system in the UK to build or alter a house and you'd soon realise the immigration system is easier, quicker and much cheaper.

I know quite a few people with a spouse happily getting by on only the UK state pension in Thailand . If that was all I had to live on I'd rather be there. If someone is living on a pension and cannot afford the fees then quite obviously they can not support a wife in the UK.

There was a vicar in the news yesterday moaning about his Ukrainian wife denied a visa over her failure to pass a recognised English language test.

http://www.dailymail.co.uk/news/article-2380662/Vicar-vows-quit-Britain-new-Ukrainian-wife-denied-UK-visa-language-grounds-despite-English-teacher.html?ns_mchannel=rss&ns_campaign=1490

Rules are rules and if you don't qualify then do something or accept it.

At least he'll find it easier to get residency there than those of us who are married to Thai's.

Edited July 30, 2013 by Jay Sata

[Tony M]

I will try to be polite to you, but your comments and advice are, as usual, badly thought out. I will address some of your comments.

The service standard for a settlement visa application is 3 months, so how is 6 months "not bad " ?

Why are the odds that no one turned up from the "Border Agency" ? It is more than likely that the refusal decision was not strong enough to stand up to scrutiny by the Immigration Judge. If the decision was sound then it wouldn't matter if anyone turned up for the Home Office or not. The Judge would make a decision in accordance with the law, either on the papers or by listening to both sides of the story.

You have no idea of the sponsor's personal circumstances. There may be many reasons why he can't just go and live in Thailand. Also, he may well be able to support his wife on his income, but he cannot meet the required threshold of 18,600 GBP. There is no flexibility within the current rules to allow him any opportunity to do so, or to show that he is able to support his wife.

"Rules are rules and if you don't qualify then do something or accept it ". What do you suggest if he can't do something about it ? He should just accept it, and not say what he thinks ?

You should think before you give your opinions. From the number of posts you make it looks like you have to say something, whether it is valid or not.

[Jay Sata]

I'll tell you why I think no one turned up.

The hearing took 20 minutes and it was allowed there and then by the judge.

Any legal argument in opposition will take more than 20 minutes.

I am a pensioner and have been separated from my wife since January 2011.

Makes you wonder why he married? So he has not been back to Thailand in two years?

Not much of a marriage!

In this life you have to cut your coat according to your cloth.

The majority of applicants for spouse visa's are successful. When they are not there appears to be an immediate rush by some to blame the Border Agency and UK immigration rules.

I'm entitled to an opinion and others agree.

[7by7]

I'm entitled to an opinion.

Perhaps you should apply that sentiment to those who disagree with you.

[Tony M]

I'll tell you why I think no one turned up.

The hearing took 20 minutes and it was allowed there and then by the judge.

Any legal argument in opposition will take more than 20 minutes.

I am a pensioner and have been separated from my wife since January 2011.

Makes you wonder why he married? So he has not been back to Thailand in two years?

Not much of a marriage!

In this life you have to cut your coat according to your cloth.

The majority of applicants for spouse visa's are successful. When they are not there appears to be an immediate rush by some to blame the Border Agency and UK immigration rules.

I'm entitled to an opinion and others agree.

You do talk, what appears to be, a lot of nonsense. "Any legal argument in opposition will take more than 20 minutes." And your evidence for that is ?

Have you attended many ( or any ) immigration appeals ?

[Jay Sata]

As it happens I've been to two and both took a lot longer than 20 minutes.

If they can process them that quickly maybe the same team should get to work on the backlog.

41,470 immigration cases were allowed on appeal in 2009, of which 17,473 were unattended by the Home Office.

Sourch Hansard

http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm100726/text/100726w0002.htm

Edited July 30, 2013 by Jay Sata

[ThaiVisaExpress]

As it happens I've been to two and both took a lot longer than 20 minutes.

If they can process them that quickly maybe the same team should get to work on the backlog.

41,470 immigration cases were allowed on appeal in 2009, of which 17,473 were unattended by the Home Office.

Sourch Hansard

http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm100726/text/100726w0002.htm

Post deleted and re-posted later under my own name

Tony M

Edited July 30, 2013 by ThaiVisaExpress

[7by7]

At least he hasn't brought up legal aid or benefits......................

Yet!

[Tony M]

As it happens I've been to two and both took a lot longer than 20 minutes.

If they can process them that quickly maybe the same team should get to work on the backlog.

41,470 immigration cases were allowed on appeal in 2009, of which 17,473 were unattended by the Home Office.

Sourch Hansard

http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm100726/text/100726w0002.htm

Your statement was "The odds are the appeal was allowed because no one turned up from the Border Agency."

Hansard also shows that 23,997 appeals were allowed even though UKBA did attend ( which means that the Immigration Judge thought that the refusal decision was wrong), but you conveniently didn't quote this figure. So the odds are that you are wrong.

This thread is going the way of other threads that you have got involved in, which means that it will likely be closed. You seem to have a talent for that.

[Tony M]

As it happens I've been to two and both took a lot longer than 20 minutes.

If they can process them that quickly maybe the same team should get to work on the backlog.

41,470 immigration cases were allowed on appeal in 2009, of which 17,473 were unattended by the Home Office.

Sourch Hansard

http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm100726/text/100726w0002.htm

Post deleted, and re-posted under my name.

Tony M