settlement visa refusal....can she apply for visitor visa while appeal is ongoing

[cerbera]

my Thai wife of 18 years was refused her settlement visa to UK. Reason being, a chartered accountant confirmed my employment status not the actual employer. every other requirement met! Our four kids and me are missing her desperately. we've been apart since October. My five year old daughter is particularly upset.

question can we / should we apply for a visitor visa while the appeal is ongoing.

hope no one has had to go through this but any insight would be greatly appreciated

[PeeJay1959]

Bad luck re the settlement visa. So far as I am aware yes, she can apply for a family visitor visa.

[bobrussell]

Ask for a review on the grounds that the ECO who made the decision could/should have requested the missing document! Send the correct document to them ASAP.

Clearly you were in the wrong by not sending the right document but it seems extremely mean not to contact you about a single missing document especially when you consider the fees .

Appeals are there for legal review rather than correcting paperwork mistakes so hopefully you will not need to go the whole way!

Seems very petty and mean but without seeing the rejection letter (with identification details removed), the story may be more complicated. If in doubt post it here as there are some pretty expert people. If you check the thread on appeals fees, you will see that many decisions are reversed on review.

Yes, you can apply for a visit visa but it might be a struggle to show reasons to return. It has been done by others!

Eat humble pie, grovell a bit and send the missing paperwork then keep fingers crossed. Be nice and apologetic!!

Edited April 26, 2016 by bobrussell