Visit visa previously refused now applying for a settlement visa

[thewanderercds]

Hi all

My wife's (then girlfriend) visit visa was refused due to her boss not confirming that she could return to work after the visit to see me, so from immigration a point of view she had no reason to return and we had provided misleading information. So I went to Thailand to visit where we were married at the same time. We are now putting together a settlement application with the help of the guides on the forum. In the settlement application I am going to include a cover letter, is it a good idea to explain the previous rejection and in how much detail?

Many thanks for any help you can give

Jason

[bobrussell]

You need to explain it fully. The form asks if the applicant has had visas rejected. It will not go against the settlement visa as there was no fraud etc. Nothing to worry about, just be honest!

Did the rejection letter suggest the application was considered less than honest? Failing to provide an employers letter does not indicate an attempt to mislead. If the ECO had any real evidence of attempted fraud then there would have been a ban imposed.

A few other posters here have indicated some unfairly inflammatory comments have been included in rejection letters recently.

[thewanderercds]

Thanks for the reply Bob. The wording used for the misleading information reads very harshly to me but I understand their reason for the refusal. I've written off the confusion to a misunderstanding of cultures as the information my wife's boss gave the ECO was different to the conversation she had with my wife. I think my wife's boss was scared talking to the ECO so told them she wouldn't keep her job open for her until her return when she told my wife she would. With the settlement visa not requiring my wife to return would the ECO contact my wife's employer again if I explain the mix up in my cover letter??

[theoldgit]

would the ECO contact my wife's employer again if I explain the mix up in my cover letter??

Highly unlikely as the burden of proof for a Settlement Visa is totally separate from a Tourist Visa.

I would do as Bob suggests though and include a paragraph in the covering letters explaining that you believe the previous refusal was down to a breakdown in communication, rather than an attempt to deceive, just in case the ECO doubts the credibility of the applicant.

[thewanderercds]

Thanks theoldgit (great forum name btw ?). I was hoping that was the case. My wife and I still aren't sure if her boss just got flustered when they called her or whether it was deliberate (I hope the first option) but I would prefer not to have another go ?

[7by7]

<snip>

If the ECO had any real evidence of attempted fraud then there would have been a ban imposed.

For the avoidance of doubt and confusion, the circumstances as described by the OP are extremely unlikely to lead to the refusal of a family settlement application.

See paras A320 and 320(11)(iv) of the immigration rules.

Note the use of the words "contrived in a significant way" in 320(11) and "other aggravating circumstances" in 320(11)(iv). Neither of which would, I believe, be relevant in this case.

[thewanderercds]

Thanks 7by7, that's the reassurance we have been looking for. We are just finishing gathering the last of the paperwork we need and will be submitting shortly.

Thanks so much for everyone's time in replying