Settlement Visa

[Roblpl]

So you've got married, submiitted the SV application and are waiting patiently at home for the approval for the visa and for you wife to join you in the UK.

I'm now giving some thought to the issue of a potential refusal and I admit I am struggling with this.

Some questions for the experts.

Is it fair to say, IYHO, that the majority of applications for SV are because of technicalities such as missing documents/evidence?

If you submit all the documents correctly and are legally married, what, typically could the reason for a refusal be?

In other words, under these circumstances, what more can a person possibly do to show a relationship with someone than to get married?

If this was the scenario what could a person do to fix it?

This may sound a bit up in the air but any thoughts on this would be helpful cause if my wife is refused I'm not sure what else can possibly be done to fix any problem

Thanks all

Roblpl

[the scouser]

Rob,

Any applicant for a spouse settlement visa has to satisfy the requirements of the relevant paragraph of the immigration rules (para 281).

You will note that most of the criteria, whilst not necessarily easy to meet, are relatively straightforward. Most refusals hinge on sub-section (iii), the intention to live together permanently. Evidently, the applicant cannot demonstrate a future intent, so the visa officer has to judge this criterion by looking at the strength of the relationship to date, and extrapolating this to what's likely to happen in the future. Therefore, a long-lasting relationship with plenty of evidence of contact where the two parties are able to converse, stands a better chance of passing the test than one in which they have little in common and cannot demonstrate any closeness. That's why, should it come to interview, it is imperative that the applicant has a fundamental knowledge of the spouse's circumstances, as failure to have such is indicative that they are not interested in the relationship and its success.

Cheers,

Scouse.

[GU22]

It is also worth remembering that the level of proof required is only "on the balance of probabilities" not "beyond reasonable doubt."

If the worst happens, then look in detail at the reasons given for refusal and consider whether it is worth appealing or simply trying again. Also, as spouse visas do have a right of appeal, any refusal must be reviewed by the Entry Clearance Manager. It has been known for the ECM to overturn a refusal if s/he feels it's not justified.

Now, relax. I know it's a hard time, but you have done all you can. The wait between my wife submitting her application and having her interview were probably the most nerve wracking time of my life, but the joy when I got the phone call and the life we've had together since more than made up for it!

[vinny]

Following Scouse's advice, see also 13.13 - Intention to live together; residence after arrival in the UK .

[Burbonizer]

Hi,

Scouser you mentioned;

"That's why, should it come to interview, it is imperative that the applicant has a fundamental knowledge of the spouse's circumstances, as failure to have such is indicative that they are not interested in the relationship and its success."

Can i ask what sort of questions do they ask? As i met my G/F (soon to be Fiancee) February 2006 and am going to apply for the SV in September. I have met the required 6 months limit. But i am worried that she can not speak very good English and will forget mostly everything due to the fact of being extremley nervous.

I speak to her everyday on the phone for 2 hours and most weekends i speak to her through webcam for 3 hours at a time. I send her money every month and emails all the time. I know quite alot about her and her past and she knows the same about me. I am just worried that the ECO will catch her out with far too many questions about things that i have never spoken to her about due to the fact that her English is not brilliant.

I am so worried about it all but i really want her over her and she doesnt want to wait another 6 months for me to go back and see her again. She is finding it too hard.

Why must they mess with our lives this much. Surley if we couldn't get on then we would do something about it.

I need reassurance with this as my brother (bigspuds) has told me to go with it and try. But i am worried that she will forget under pressure and will not be able to answer some of the stupid questions that they ask.

Burbonizer

[vinny]

Some sample interview questions can be found on Thailand-uk, Thai/English version of 'Possible interview questions' (members only).

[Burbonizer]

Some sample interview questions can be found on Thailand-uk, Thai/English version of 'Possible interview questions' (members only).

Cheers Vinny,

Thats a great help. Now all i have to do is make her understand them. I know that she can have a Thai transulator there but i think it will go better if she could speak english dont you think?

James

[GU22]

If she has absolutely no English then the ECO may ask her how the two of you communicate. But having the interview in Thai shouldn't prejudice the result.

Having said that, if her English is up to it then I would suggest she opt to be interviewed in English.

[Burbonizer]

If she has absolutely no English then the ECO may ask her how the two of you communicate. But having the interview in Thai shouldn't prejudice the result.

Having said that, if her English is up to it then I would suggest she opt to be interviewed in English.

Her English is not brilliant. She speak very broken English as most Thai's do, but we manage to talk for up to 2 hours a night so i suppose it is sufficient. But saying that i do speak quite a bit of Thai to her when she doesn't understand what i am saying in English.

I suppose it is up to her what language she wants it in and not for me to say you must have it in English.

What do you think my chances are considering i only met her in February 2006 and when i go back in September is the second time i have seen her.

[mrbojangles]

hi Burbonizer,

Can BigSpuds Mrs not help? Her English must be better now and her SV wasn't that long ago. Has she already phoned her and given her some advice?

How is BigSpuds? Haven't seen him on here for a while now.

[GU22]

Her English is not brilliant. She speak very broken English as most Thai's do, but we manage to talk for up to 2 hours a night so i suppose it is sufficient. But saying that i do speak quite a bit of Thai to her when she doesn't understand what i am saying in English.

Then I would recommend having the translator, and being interviewed in Thai.

If the question of communication does come up, then she can say that sometimes you speak to each other in English, sometimes in Thai and sometimes both.

What do you think my chances are considering i only met her in February 2006 and when i go back in September is the second time i have seen her.

I met my wife in April 2000, was with her in Thailand for just over 3 months before I had to return to the UK. While in the UK we talked every day on the phone and exchanged numerous e-mails. I returned to Thailand in September 2000 when we married and submitted her visa application. I had to return to the UK in October and she was interviewed in November 2000. Result; visa issued.

The ECO has to decide that, on the balance of probabilities, the marriage is genuine. For shorter relationships, such as yours and mine, the more evidence of contact the better.

Edited August 9, 2006 by GU22

[Burbonizer]

hi Burbonizer,

Can BigSpuds Mrs not help? Her English must be better now and her SV wasn't that long ago. Has she already phoned her and given her some advice?

How is BigSpuds? Haven't seen him on here for a while now.

Hi Mrbojangles,

Pin (Bigspuds woman LOL) has helped a great deal. She has spoken to my G/F quite a lot and has helped her understand most of the points that we need to sort out. Her English has got alot better. She is pregnant now and is due to drop in about a weeks time. Having a baby son and i think that they are calling him Sampuree (Sam for short).

Big spuds is doing fine. I will speak to him and ask him to pop in and say hello to you all. He respects the lot of you for helping him with his visa. The first thing he said was to me if you want to get your G/F over then you need to get onto that Thai Visa Forum. So here i am.

Another question for you all if i may. In reference to this new bankers draft payment at the embassy's Should i do it here? As i don't really know where to go to get it done over there. Do pay for the bankers draft by card or cash. I really need some help. Has anyone done it recently?

Burbonizer

[the scouser]

James,

You get the draft from either the visa application centre or a Thai bank. You pay in cash and they charge a fee for issuing it.

Scouse.

[Burbonizer]

James,

You get the draft from either the visa application centre or a Thai bank. You pay in cash and they charge a fee for issuing it.

Scouse.

Thanks for that Scouse, How much do you think i should take to cover the fee? I know that the charge for the visa is 19500.00. But i understand the fee varies.

How did you know my name was James?

[GU22]

To be pedantic, the fee is £260, payable in local currency. It is the exchange rate that varies.

25k should cover the visa fee, processing fee and fee for bankers draft etc. and leave more than enough for a few beers afterwards.

[the scouser]

How did you know my name was James?

I have special telepathic powers which enable me to extract unknown information from the ether.....

In addition to that, you mentioned it in a previous post.

The fee does vary according to changes in the exchange rate, so if you take 22000 baht, that should take care of any last minute increases.

Cheers,

Scouse.

[CarlBkk]

Can a spouse visa be granted on the day of submitting the forms without an interview? If not, what's the approximate waiting time between application and interview at the moment? Lastly....if the visa is granted on the day of application, how long does it normally take to be ready?

Many thanks.

[the scouser]

The embassy is now not interviewing all settlement applicants. Providing that the application passes muster and the supporting documentation is in order, it is possible to have the settlement visa within 4-5 days of the application having been made.

Scouse.

[Burbonizer]

To be pedantic, the fee is £260, payable in local currency. It is the exchange rate that varies.

25k should cover the visa fee, processing fee and fee for bankers draft etc. and leave more than enough for a few beers afterwards.

I like the way you think!!!!!

[Burbonizer]

The embassy is now not interviewing all settlement applicants. Providing that the application passes muster and the supporting documentation is in order, it is possible to have the settlement visa within 4-5 days of the application having been made.

Scouse.

Wow, Really? I never knew they were doing that.

It would be great if that happened.

Can you use your psychic/control powers and make mine go through not a problem then.

Arrrgghhh you have no idea how much this whole visa thing is stressing me! I am 26 years old and have alot of grey hair....It's just not funny anymore.

[mrbojangles]

Arrrgghhh you have no idea how much this whole visa thing is stressing me! I am 26 years old and have alot of grey hair....It's just not funny anymore.

Oh yes we do, Burbonizer ( i don't hold the same Telepathic powers as Scouse )

Nearly every single person here, is either going through it, gone through it, or is researching now, on how to do it in the near future. Believe me, we DO KNOW, what your'e going through.

Good luck

Edited August 12, 2006 by mrbojangles

[Burbonizer]

Arrrgghhh you have no idea how much this whole visa thing is stressing me! I am 26 years old and have alot of grey hair....It's just not funny anymore.

Oh yes we do, Burbonizer ( i don't hold the same Telepathic powers as Scouse )

Nearly every single person here, is either going through it, gone through it, or is researching now, on how to do it in the near future. Believe me, we DO KNOW, what your'e going through.

Good luck

Sorry i didnt mean to come across like that. I know that everyone is here for a reason. I just want it to be all over and for her to call and say visa good. You know what i mean.

I was speaking to my bro last night and he was saying that the fee for the visa was stupid. I agree. We both think that you should only pay the 19500 baht if the visa is good. Ok you should pay 2500 maybe more for the interview. But no way should you have to pay the full amount when there is a chance that they will say no for the stupidest reason.

Anyone else agree with that?

[atlastaname]

The fact is that they are onto a good money making scheme and they know it . Actually they could probably double all visa fees and they would be just as busy. There is no reason why 3000 baht shouldn't cover most applications , the rest is their profit . It is supply and demand, they are the only method of supply to an insatiable demand , result is they can charge what they like.

Just like eating oysters at the Ritz at £300 or eating on Brighton seafront for £5 . There is a demand for eating at the Ritz so they can charge what they like. People who want something will always pay .. thats life

[GU22]

I was speaking to my bro last night and he was saying that the fee for the visa was stupid. I agree. We both think that you should only pay the 19500 baht if the visa is good. Ok you should pay 2500 maybe more for the interview. But no way should you have to pay the full amount when there is a chance that they will say no for the stupidest reason.

Anyone else agree with that?

Not completely. I can see all sorts of accusations flying about if successful applicants paid more than unsuccessful ones. Also, the government say that the fee is for processing the application, not for the visa.

What I do think is that the fee for the visa is way too high.

The £260 fee for a settlement visa is over 5 times more than the £50 fee for a visit visa. Does processing a sv require 5 times more work than processing a vv?

I don't think so!

I queried this with the embassy back in 2000 when my wife was applying. The reply was that the sv fee also included the cost of future in UK applications; FLR (if necessary) and ILR.

This seemed perfectly reasonable, as the fee for both FLR and ILR at the time was zero.

Then the government introduced the outrageous fees for in UK applications.

£335 to apply for FLR by post, £500 in person! What do they have to do? Check the marriage certificate, that's all.

The same for ILR. Check a few documents, job done!

Transferring an entry clearance to a new passport. Used to be done in 30 seconds, for free, by an Immigration officer at a port of entry. Now you have to apply by post and pay £160!

My MP, who was at the time Shadow Immigration Minister, brought this up in committee and tabled several written questions on this when the government were introducing these charges. The only response the then Minister could come with was that it brought the UK fees in line with similar countries, e.g. Australia.

The truth is that the IND costs a fortune to run. A lot of it's most time consuming, and therefore most expensive, work involves dealing with refugees and asylum seekers. Under various international treaties etc. the government is not allowed to charge those people.

So, a decision was made to try and recoup some of the money from genuine immigrants.*

(*I am fully aware that the majority of asylum seekers are genuine. But a large minority are not.)

IMHO, rather than wasting their time ranting and raving about nonexistent injustices in the application process, certain posters would do better to devote their considerable energies to this real injustice.

[Burbonizer]

Very true GU22.

But i can see why so many farang give up after several attempts. If he keeps trying over and over again it is going to be very expensive and very tiresum. So they just end the relationship becuase they can not be together.

My G/F now beleives that becuase this has happened to her friends so many times that it will happen to her too.

All i am saying is that i would be willing to pay that stupid price if the visa is good and only if it was good. How could someone who didnt get it complain that they paid....less?

At the end of the day you pay for what you get. If you get nothing why would you pay for it? Imagine taking your car for a new exhaust and they take a look at it then say doesn't need one but you still owe us for the exhaust. Would you want to pay?

I can understand it in a way. As you say in a very complicated way. LOL. All they are doing is sifting through the good ones and the bad ones. So if a bad one gets through then at least they have paid the same. But what is annoying is what if a good lady tried over 3 times and finally gets it when a bad one tries once and gets it first time. The good lady was stung 3 times with that price. It just makes no sense to me. Mind you a lot of things don't.

Thank you all for the great links and advice on all this. Please lets keep it going. It has a great topic title and i believe a lot of people will come here.

Burbonizer out!

[atlastaname]

I was speaking to my bro last night and he was saying that the fee for the visa was stupid. I agree. We both think that you should only pay the 19500 baht if the visa is good. Ok you should pay 2500 maybe more for the interview. But no way should you have to pay the full amount when there is a chance that they will say no for the stupidest reason.

Anyone else agree with that?

Not completely. I can see all sorts of accusations flying about if successful applicants paid more than unsuccessful ones. Also, the government say that the fee is for processing the application, not for the visa.

What I do think is that the fee for the visa is way too high.

The £260 fee for a settlement visa is over 5 times more than the £50 fee for a visit visa. Does processing a sv require 5 times more work than processing a vv?

I don't think so!

I queried this with the embassy back in 2000 when my wife was applying. The reply was that the sv fee also included the cost of future in UK applications; FLR (if necessary) and ILR.

This seemed perfectly reasonable, as the fee for both FLR and ILR at the time was zero.

Then the government introduced the outrageous fees for in UK applications.

£335 to apply for FLR by post, £500 in person! What do they have to do? Check the marriage certificate, that's all.

The same for ILR. Check a few documents, job done!

Transferring an entry clearance to a new passport. Used to be done in 30 seconds, for free, by an Immigration officer at a port of entry. Now you have to apply by post and pay £160!

My MP, who was at the time Shadow Immigration Minister, brought this up in committee and tabled several written questions on this when the government were introducing these charges. The only response the then Minister could come with was that it brought the UK fees in line with similar countries, e.g. Australia.

The truth is that the IND costs a fortune to run. A lot of it's most time consuming, and therefore most expensive, work involves dealing with refugees and asylum seekers. Under various international treaties etc. the government is not allowed to charge those people.

So, a decision was made to try and recoup some of the money from genuine immigrants.*

(*I am fully aware that the majority of asylum seekers are genuine. But a large minority are not.)

IMHO, rather than wasting their time ranting and raving about nonexistent injustices in the application process, certain posters would do better to devote their considerable energies to this real injustice.

I was just about to post that i agree with GU22 for possibly the first time ever , when i read the last sentence of his post , most likely directed at me . Unfortunately the truth is that there are real injustices in the visa system , not nonexistant like he claims. Many know this already by their own experiences. A few more will find out next week , and the next ....

Secondly to call this pricing policy a "real injustice" is overstated. Yes i agree the fees are outrageous and agree with much of what GU22 says in relation to this most of which is just plain common sense. However, as i pointed out , it is simple supply and demand. Not an injustice , thats the wrong word.

[GU22]

Burbonizer,

I can see what you are saying, but to use your car analogy. If you take your car for it's MOT, would you expect to pay more if it passed than if it failed?

I agree with the principle that all applicants pay the same, regardless of the outcome, it is the exorbitant level of the fee I disagree with.

But i can see why so many farang give up after several attempts. If he keeps trying over and over again it is going to be very expensive and very tiresum. So they just end the relationship becuase they can not be together.

I can't. If the application is refused, look at the reasons for the refusal and deal with them. If you feel the refusal was unjustified then appeal. But give up and end the relationship? If that's the case, I wonder how genuine the relationship actually was!

My G/F now beleives that becuase this has happened to her friends so many times that it will happen to her too.

If the relationship is genuine, and I'm sure it is, and you can afford to support and accommodate yourselves, then even if you have to go through the heartbreak of refusal and separation whilst waiting for the appeal, rest assured that she will get her visa. Edited August 12, 2006 by GU22

[GU22]

I was just about to post that i agree with GU22 for possibly the first time ever , when i read the last sentence of his post , most likely directed at me . Unfortunately the truth is that there are real injustices in the visa system , not nonexistant like he claims. Many know this already by their own experiences. A few more will find out next week , and the next ....

If you want to discuss your perceived injustices in the system, I suggest posting in your thread on that subject so that this one doesn't wander even further away from, it's original point.

Yes i agree the fees are outrageous........Not an injustice , thats the wrong word.

You're right, "injustice" is the wrong word, as these fees apply to everyone, except asylum seekers. But they are a scandal.

[Burbonizer]

Burbonizer,

I can see what you are saying, but to use your car analogy. If you take your car for it's MOT, would you expect to pay more if it passed than if it failed?

I agree with the principle that all applicants pay the same, regardless of the outcome, it is the exorbitant level of the fee I disagree with.

But i can see why so many farang give up after several attempts. If he keeps trying over and over again it is going to be very expensive and very tiresum. So they just end the relationship becuase they can not be together.

I can't. If the application is refused, look at the reasons for the refusal and deal with them. If you feel the refusal was unjustified then appeal. But give up and end the relationship? If that's the case, I wonder how genuine the relationship actually was!

My G/F now beleives that becuase this has happened to her friends so many times that it will happen to her too.

If the relationship is genuine, and I'm sure it is, and you can afford to support and accommodate yourselves, then even if you have to go through the heartbreak of refusal and separation whilst waiting for the appeal, rest assured that she will get her visa.

I hope you are right. I am just worried on how many times i have to pay this fee. Hopefully only once. But the reason i worry is becuase i am not a rich man. I have debts like everyone else.

I like the way you talked about MOT. You have a point. Wow you have a answer for every thing. How good are you

I wish there was someone like you conducting the visa app. At least i would know that it would be fair and just.

[GU22]

I hope you are right. I am just worried on how many times i have to pay this fee. Hopefully only once. But the reason i worry is becuase i am not a rich man. I have debts like everyone else.

Cross that bridge if you come to it.

If all the written evidence satisfies the ECO that, on the balance of probabilities, the application is genuine and the criteria are met then the visa will be issued without her even being interviewed. If she is interviewed, as long as her answers are consistent with the written evidence and she answers all questions truthfully, then the visa will be issued.

Wow you have a answer for every thing.

Some say that makes me a smart-arse!

I wish there was someone like you conducting the visa app. At least i would know that it would be fair and just.

It almost certainly will be. ECOs are, like all of us, capable of error, but there are procedures in place to redress that if necessary. Edited August 12, 2006 by GU22