2nd Settlement Application

[big sis]

My brother is currently living in Pattaya with his wife awaiting the birth of their baby due on 1st June. After an unsuccessful settlement application in January they are planning to reapply after the baby is born.

Try and keep it brief here's the story so far..

They met a couple of years ago

Stayed in contact via pay as you go mobiles - they didn't keep the voucher cards

My brother visited Thailand 3/4 times before getting married in August 2005.

My brother returned to the UK in September 05 and worked in full time employment until Jan 06 when he returned to Thailand to coincide with his wife's birthday and visa interview.

Visa unsuccessful (insufficient supporting docs, proof of relationship, consistency in responses between application form and interview)

Decide to appeal visa decision.

Gather supporting evidence then get told appeals get sent to the UK and take months it's quicker to reapply.

My brother decides to stay in Thailand and live with mrs because a)he wants to be with her and b)will help prove relationship when they next apply.

Brother has until recently been surviving financially on family donations, now has a job been working for over a month but still hasn't been paid, family donations continue. (has been doing visa runs and now has work permit)

Questions.....

When they first applied our mum acted as the sponsor as she owns the property that they'll be living in over here. Should it be my bro that is the sponsor?

My bro's employment history is now a little broken though we have a letter from a company that says they will employ him on his return, and I'm thinking we may be able to get a letter from his previous employer (that he left in the lurch in Jan 06) to say they'd continue his employment on his return. His savings/bank account will show regualar large donations. Without current ongoing employment in the Uk is he completely at a loss?

Bro is planning on using an agent. I've met such agents in Bangkok and don't think it's a good idea. Any comments?

Having spoken at length with my sis in law about her visa interview I am very worried about the next application. Lots of her responses in Thai appear to have been misunderstood/misinterpreted by the Thai interviewer. has anyone any experience of this?

Does family/friends support both financial and general existance count for anything?

Thanks in advance for any info.

[the scouser]

When your sister-in-law reapplies, she should seek to address the reasons for the refusal of the initial application. Largely this can be achieved by showing that she and your brother have been living together in Thailand. Additonally, the birth of their child should assist as you can't ask for better proof of a relationship. To this end, make sure he is named on the child's birth certificate. Providing that your brother and his wife can establish that they have been living together in Thailand, it is difficult for the visa officer to turn round and say that they don't intend to carry on doing so in the UK.

With regard to finances, a letter from a prospective employer in the UK confirming that a position exists should be sufficient to meet the requirements of the immigration rules. Also included with the application should be a letter from your mother stating that she is the owner of the property in which her son and daughter-in-law will live, and that she has no objections to them living there. She should also include evidence of her ownership of the house.

I do think your sister-in-law should have appealed the previous refusal, though, as her failure to do so means that the visa officer can argue that she evidently agreed with the decision. There is nothing to stop someone making a fresh application whilst a previous refusal is awaiting appeal.

Scouse.

[cuddleypete]

hello there

iam sorry your brother was refused visa ,my wife was also refused 2 vistor visa due to lack off paperwork and she was also settlement visa 1 time also lack off paperwork (so eco said but we had plenty) but with the help off scouser and gu22 we got it right in the end,

so my advice is DO NOT USE A AGENT IN BANGKOK they will only tell you what you can learn from forums like this (forums are free) you will get very good help here.

so just ask questions and read other peoples questions and i think you will not go wrong

all the best to you and your brother and his wife

[GU22]

Just to add a couple of things to Scouse's reply.

Finance.

If your mother is offering financial support (as well as accommodation) then she will need to provide evidence to show that she can, i.e. 6 months bank statements and proof of income.

Accommodation.

As well as what Scouse as said, your mother should include a brief description of the property, number and type of rooms, to show that there is room for the three of them.

One thing concerns me

consistency in responses between application form and interview

There is no delicate way of asking this, so please don't take it the wrong way, but did they try and hide anything, like how they met or her previous occupation?

Many couples mistakenly try to do this if they feel that meeting in a bar may prejudice their application. It wont. If the ECO is satisfied that the relationship is genuine then then how a couple met or their previous occupations don't matter. To be blunt; if bar girls never got a visa, at least half the Thai girls now living in the UK wouldn't be here!

If the answers to oral questions don't match the application form or documentary evidence then the ECO is going to have doubts about the genuineness of the applicant and the relationship. Always, always tell the truth!

Alternatively, the inconsistencies may simply be due to her lack of understanding, nerves at the interview, not knowing enough about your brother and his family, a combination of these or something else.

Whatever the reason, they are going to have to deal with these inconsistencies in the new application. I would suggest that your brother writes a letter explaining the reason for them and includes it in the new application.

Personally, I would avoid using an agent. Whilst some are knowledgeable, many aren't and give incorrect advice. Whilst some charge a reasonable fee, many overcharge.

Any advice your brother needs can be obtained here; for free.

[big sis]

Thanks for all your responses, wish we'd found this forum months ago!

On the last application my mum submitted evidence of her accommodation & finances (though insufficient number of bank statements last time) so we're okay on rectifying that. A council EHO came and inspected the accomodation and provided a letter to say how many rooms the house has, suitability etc.

Noted comments on the agents, though can see my brother's temptation cause they make it sound so easy.

As far as I'm away sis in law didn't try and hide anything at the interview. The questions included where they met (full adddress), the date they met, the date they got engaged and the date they got married. Quite straight forward and reasonable questions, which she's told me she answered, though the address of where they met stumped her cause the bar/restaurant has since closed. But the decision notice stated that she'd made mistakes like saying she was married before she got engaged and that she couldn't remember the exact date when they felt such an important day was something she'd remember. But she says she did answer all their questions correctly and what they recorded was wrong. So lack of understanding on her part maybe, but the interview was in Thai! If nothing else at least she'll be a bit more prepared the next time! She is also having English lessons at the mo, so that should help.

Any views on the better sponsor brother or mum?

[the scouser]

Your brother, being the applicant's husband, will be the primary sponsor. Your mother can pledge financial assistance if she wishes.

Scouse.

[GU22]

Your brother should be the sponsor as she's his wife.

Your mum is offering accommodation and financial support, so a letter from her offering this support should be included.

It sounds as if nerves got the better of her last time. If an interview is required this time, tell her to relax. If she doesn't understand the question she should say so, and if the honest answer is "I don't know" then that is what she should say.

As an example. My wife was asked in her interview for the names of my parents. She said she didn't know. So she was asked what I call them, and she replied "Mum and Dad!"

[vinny]

For the baby, see also UK Consular Birth Registration and Documents required when applying for a Thai passport.