Husband's UK visit visa refused

[Tine]

Hi all,

I bit of advice needed. My husband's visit visa to the UK has been refused. He was planning on coming with me to the UK for five months, while I look for a job and he would take care of our son,and he was then planning on going back to the Philippines to apply for his settlement visa. However his visa has now been refused. So we had to think of the best way forward. We decided that I would go to the UK first and look for work, he would stay in thailand and stay at his school. He would reapply for a visit visa but not for five months this time. We decided he would just come for two weeks so we could then spend Christmas together, he would then return to his job in thailand for the rest of the semester. At the end of his contract he would return to the Philippines to apply for his settlement visa. My question is- after he has just been refused a visa for five months are they likely to issue a visa for Christmas?

Also when we got the folder with our documents back, the letters and some of the bank statements were missing is this normal?

I hope someone can help.

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Edited October 8, 2014 by Tine

[theoldgit]

Sorry about the refusal, you most both feel it's a kick in the teeth.

For anyone to offer meaningful advice on the way forward it would be helpful if you could post the refusal notice, removing any personal information, including the reference number.

Five months is one heck of a holiday, unfortunately UK Visit Visas don't seem to be designed for people in your position, I think they should be. There are also a number of high profile cases in the UK where a mother who is a UK national couldn't bring their husband to the UK, or even let them stay in the UK, because the way the earnings rule is applied when going down the settlement route. The rules don't seem to cater for fathers who want to take care of their children whilst mum goes out to work.

Applying for a shorter term visa could prove difficult depending on the reasons for refusal for this application.

Regarding the bank statements and supporting evidence, unless you supply copies of the documents you need back they will keep the originals. If you did supply copies you should ask for the originals back, my partner supplied copies of her supporting evidence last year, and clearly marked them both, they didn't return either of them, after she complained they returned the originals, no apology for their mistake of course, that would have been alien to them.

[Tine]

Thanks for your reply. I will post the refusal notice they gave us. First let me explain a few things. TheECO says he is not satisfied with his intentions in the UK, I thought we explained exactly what he was going to do, but unfortunately I accept this was probably not in enough detail.

The second point I am not entirely sure why it is different from the first one.

When it comes to the third point, it feels like they didn't read our letters because what they state is completely untrue or maybe they are thai and something has become lost in translation. They say that we left our jobs after the birth of our baby in March. This is completely untrue and we are both still working and our bank statements reflect this. We explained we were planning to leave our jobs, to return to England, but we had not left them at that time.

With regards to the bank balance, every month we transfer money from our ktb accounts into our kasikorn account. When we submitted the bank statements the transfer had not cleared into the account. So the account stated there was 54000 thb in kasikorn and nothing in ktb. I also submitted a balance certificate which showed us to have 109000, but it appears this was ignored. We also explained that at the time of the visit we would have 150000thb for the trip plus the sale of some of our possessions here which also seems to be overlooked. I understand 54000 is no way enough money to have to spend five months in England but this is not what would have been available.

Any help or advice would be gratefully appreciated. Do you think that an agent would be able to help?

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[Tine]

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[theoldgit]

It seems that of late some ECO's overlook evidence that has bee submitted, and make their decision based on the remaining evidence. Obviously I cannot say that's happened in your case.

Using an agent is a matter of choice, a reputable one will give an initial assessment free of charge, though any ongoing work would be charged.

The only agent I would recommend are the guys at Thai Visa Express, whilst I'm not connected with them commercially, I do know them and know them and know that they have a good success rate, but it's really up to you, but I'm sure they will give you a view. Paul and Tony will also advise you on the likelihood of a visit visa over Christmas, it would be a shame if your husband missed baby's first Christmas.

It was always going to be a difficult visa to get because of the way visas rules are slanted.

[Tine]

Thanks for your reply. I have emailed thai visa express already, just awaiting a response. Thanks again

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