Jump to content


Visa Refusal Letter


Recommended Posts

Ok chaps here it is for you all to read and dissect. i have added notes were appropriate.

VISIT for (period) 1 month

You have applied for an entry clearance to the uk as a visitor. However i am not satisfied you meet the requirements of paragraph 41 of the immigration rules and in particular that -

* you are genuineley seeking entry to the uk as visitor for a limited period

* you intend to leave the uk at the end of the period of visit

* you do not intend to take employment in the uk

Because - you were previously refused a UK visa and have now re-applied. At the time of your previous application, you were invited to attend an interview to satisfy the ECO of your intentions.(no interview about her intentions this time the decision was made on the same day she applied)

Each and every application is considered on its own merits, ( THEY CONTRADICT THIS STATEMENT LATER IN THE LETTER) however i see no change in your circumstances on this occasion to warrant the issuance of a visa on this occasion.

I note you appear to be in modest, although respectable, employment here and in the same employment as when you previously applied for UK entry clearance. However you previously gave varying accounts as to how long you intend to stay in the uk, including a period of 6 months. As such, and owing to the varying discrepancies in your statements, i am not satisfied you are commited to your employment and that moreover your employment alone would encourage you to leave the UK at the end of your stay.

You are a woman who as yet to establish herself in terms of assets, or any serious career commitments. You have not shown that you have sufficiently strong family, social or economic ties to thailand to satisfy me that you intend to leave the UK on completion of your visa.

I therefore refuse your application ( dated but not signed)

Now lets go over a few things

Why have they dug up something she said at the previous application interview ? this totally contradicts what has been said about each case being considered on its own merits. If this is how they make decisions what chance have we got of ever getting a VV?

Our circumstances have changed considerably for one now i am in employment and have 4 times as much money as the previous application ( last time i was on a long holiday in thailand)

my gf has saved over 100,000 baht in 6 months, last time she only had 40,000 baht.

In my cover letter i clearly stated that we intend for her to visit my family for 1 month before we return to thailand to be married. then we will apply for a marriage visa so we don't want to ruin our chances of this by overstaying her VV.

Now you don't have to think outside the box to recognise if we are to be married that she will not have any career commitments in thailand because we will be starting a new life in the uk as husband and wife.

The last paragraph is so insulting! where do they come up with this jargon? No established social and economic status ? no family ties?

so if we get a letter from her parents explaining how close a family they are everything will be hunky dory? oh please !

OK i'm done for now, i will make a start on writing a letter to the embassy and my local MP for what good it will do.

Cheers.

Link to comment
Share on other sites

Whilst each application is considered on it's own merits, for obvious reasons, what was said on any previous applications is relevant. For example, failure to deal with the reasons for a previous refusal will only result in being refused again

The main reason for this refusal is, I believe

However you previously gave varying accounts as to how long you intend to stay in the uk, including a period of 6 months. As such, and owing to the varying discrepancies in your statements, i am not satisfied you are commited to your employment and that moreover your employment alone would encourage you to leave the UK at the end of your stay.
What discrepancies? Discrepancies in this application? Or discrepancies between this and the previous one?

If the discrepancies they refer to are between this application and the previous then in my opinion, based on the information you have provided, this refusal is perverse, especially as she wasn't interviewed. You and she should write to the ECM immediately explaining why you believe the refusal to be wrong, and asking that the decision be reviewed.

However, if there are discrepancies in this application, then plainly that is down to poor preparation on your and her part.

As to the last paragraph, this is standard wording. It is well known that many Thais travel abroad for work, so family by itself is not considered a major reason to return. Besides, she stated in the application that she intends in the future to apply for settlement as your wife, so obviously she is willing to leave her family.

Link to comment
Share on other sites

hi gu22

the discrepancies mentioned in the letter can only refer to her previous application ( no interview this time) when she naively said to the ECO that 2 - 3 months would be enough for her first visit even though she had written on the application form 3 - 6 months. stupid thing to say and she now knows it. However like you say it does seem perverse to bring this up and for it to have any bearing on this application.

Link to comment
Share on other sites

i honestly can't say mate.

its like a lottery trying to get a visit visa to the uk.

i forgot to add before that me and my fiancee also told the embassy that we have been invited to become the godparents to my nephews baby daughter. Heres me thinking it would make a differance to these black hearts if i added such a personal commitment. looks like my whole family is going to have to wait to wet the babies head because of this refusal.

Edited by Duality
Link to comment
Share on other sites

In my cover letter i clearly stated that we intend for her to visit my family for 1 month before we return to thailand to be married. then we will apply for a marriage visa so we don't want to ruin our chances of this by overstaying her VV.

One of the main criteria to try and fill, on the balance of probabilities, is the reason to return.

My view, based on the limited information available, is you have fulfilled this requirement.

As said, based on the limited info available, you appear to have had a pretty awful decision made against you.

As someone who has just had an absurd decision made against them, I fully appreciate your predicament.

Get back in the saddle and try again.

Good Luck

Moss

Link to comment
Share on other sites

I'm all for having another crack at it but my gf does not feel the same way at this moment. Its just too early for her to even consider going through all this again, she takes rejection very personally. i can't imagine why...

We may have been forced to play our hand and just apply for a settlement visa next time because the VV is a waste of our time, effort and money. We intend to marry in LOS in the next 4 months anyhow. Its not my ideal scenario because she has not met my family or friends or had a taste of life here in the North West of England. Yeah i know what you are thinking ! no signs of life here in a while!

First things first i will email the ECM and see if i get a response.

cheers all :o

Edited by Duality
Link to comment
Share on other sites

Been with a Thai friend through almost two identical refusals and similar circumstances, but only at the American embassy.

Face it, in this post-9/11 era, about the only way a Thai can get into the West is if they are going on business, showing documentation which ties them to their contacts in the West, have a huge bank account (100K isn't going to cut it), own significant assets here (including a house & business). and have shown other exit/entry stamps in their passports from other trips outside Thailand (such stamps from even non-western countries help, I believe).

Good luck.

Link to comment
Share on other sites

This case must be typical of so many every year. Essentially she is failing under the "no reason to return" clause. The bit about the discrepancies is just a bit of padding to add to the refusal notice. Unfortunately on the face of it she does have no reason to return. Applications like this one are prone to the mood of the ECO on the day , and some no doubt would have granted the visa whilst some would have refused. Boils down to benefit of the doubt, and the ECO who looked at this case decided they didn't want to give that. Rather arbitrary yes , but they are perfectly correct in refusing this on no reason to return if they want to , even WITHOUT the bit of padding .

I wouldn't want to dissuade you from writing to the ECM, in fact i would do so if it were me, but its only a way of letting off steam. It won't change anything. The refusal will stand . By having a previous refusal against her name she has made it even easier for them to refuse , relying on the reason to return bit .

You can re-apply maybe using a UK based solicitor to better prepare your application this time as he/she will know the best ways to address the refusal notice. Normally i wouldn't advise using a solicitor , but after 2 refusals i don't think anything YOU do will now succeed. Because the reason to return is so general its difficult to address it except by saying that she would return as you don't want to jepodise any future applications. But that alone, after 2 refusals, probably won't be enough.

Quicker will be to marry her , but really you are being forced into doing this for the wrong reasons although it sounds like you did intend this anyway. She will get a visa in the end , but you just have to put up with a few more months of suffering. That is quite normal for those in your position. Not at all unusual i'm afraid.

I see the bit you add about you both being invited to a cristening. Once again you are joining the ranks of those who believe that The System (as enforced by the ECO's) cares. It does not . Your personal feelings do not matter at ALL in the visa process so don't bother getting emotional on any level. They do not care . You are just another number to them . If as a result of her refusal you broke up and she killed herself it would matter not a jot . So get used to that hard edged way of thinking . Make all applications factual and nothing else.

My advise, get married as you are planning to anyway , and then apply for the settlement visa. Would be very hard to refuse that , although in your particular case, getting some professional help via a solicitor would be worth thinking about .

Link to comment
Share on other sites

Reason to return can be almost impossible to prove. From some of the refusals listed on this forum I am wondering if it is used as a kind of last resort excuse to refuse the visa. If you take Duality's gf's application, would the visa have been approved if the first one hadn't been made? Or there’s possibly something about Duality they don’t like and are using “reason to return” as an excuse? What I mean is, if they don’t want to give out the visa but all the paperwork is in place, do the ECOs use “reason to return” as an excuse?

Sorry to use your application as an example Duality, your refusal sounds really unfair. I read Atlastanames comments about the ECO refusing on “reason to return” depending on their mood and wondered if it might be more “underhand” than mood.

Link to comment
Share on other sites

Ling men,

Often in the past i have been critisised for being too anti-British Embassy so recently i have tried hard to be more balanced, and indeed you can see from my post that i am saying that , if they believe she has no reason to return , then they can quite fairly refuse. Indeed that is what they are advised to do under the guidelines they have to operate under. And thats what they have done. So nothing wrong there on the face of it .

My critisism of the system , which i do still believe,is that it is too open to interpretation by an individual ECO and their mood on the day. So whilst Duality's application MAY have been correctly refused, equally it COULD have been unfairly refused. In a weak case like his , where the applicant is an ordinary Thai with little if any land , income or savings (and this i suggest applies to a great number of applicants each year) , then the ECO has to use his or her judgement as to whether the applicant will return or not. The discretion is solely theirs and my point is that IF he/she wanted to be nasty/was in a bad mood, it is an easy case to refuse as any appeal to the ECM can be justified by simply saying , "she has no land, incoime or savings of any consequence, i was not satisfied she would return at the end of her trip". Thats it , the ECM would certainly rubber stamp the refusal because on the face of it the ECO could be right and therefore would hold sway. I'm not saying this has happened in this case simply that if they wanted to so do, they can.

The staff hold great powers and we have to trust they will not abuse them, but if they choose to , selectivally, they can and i'm sure occasionally do. A quick example, otherwise i wil get told off :o , is that when my partner was refused the first time , i phoned the ECM and said i was in Bangkok for another 7 days and could bring in and show her the documents that were in doubt . She said she would be delighted to see me on the 8th day after the phone call, in other words the day after i flew back!!. Now if she was really concerned she would have made the effort to see me in the 7 days , but was "conveniently" busy until the 8th day which was too late. Whilst not exactly an abuse of power , it is bad behaviour which they can , if they wish , get away with.

The point of this e-mail , as ling men brought it up, is to show those not aware of how the system works, that IF they want to be nasty , they can . I'm not saying they do very often,just that they can ....

Link to comment
Share on other sites

I don't want to get embroiled in yet another circular argument, but do want to make a couple of comments.

Ling men asks

If you take Duality's gf's application, would the visa have been approved if the first one hadn't been made?
I have already said that, based on what Duality has said, I think this refusal is perverse, it appears that they are using her inconsistent replies from her first application as a reason not to believe her this time around.

Had she been consistent last February then it is likely that that application would have been successful.

Had she not been inconsistent in that application, then it is likely that this application would have been successful.

Atlastaname says

I wouldn't want to dissuade you from writing to the ECM, in fact i would do so if it were me, but its only a way of letting off steam. It won't change anything. The refusal will stand
Not necessarily true. All refusals which do not have the right of appeal are automatically be reviewed by the ECM. A letter from the applicant/sponsor outlining why they feel the ECO made the wrong decision can sway the ECM toward overturning the refusal. I know of several cases where this has happened, and one case where an unsuccessful applicant, who had not written to the ECM, was contacted by the visa section a few days afterwards to be told that the decision had been reversed.

I don't know if this will happen in Duality's case, but I learnt a long time ago that if you ask they may say no; but if you don't ask they're unlikely to say yes.

Atlastaname also says

A quick example, otherwise i wil get told off , is that when my partner was refused the first time , i phoned the ECM and said i was in Bangkok for another 7 days and could bring in and show her the documents that were in doubt . She said she would be delighted to see me on the 8th day after the phone call, in other words the day after i flew back!!. Now if she was really concerned she would have made the effort to see me in the 7 days , but was "conveniently" busy until the 8th day which was too late.
I could say with equal validity that if you were really concerned you would have made the effort to postpone your flight! You would probably reply that doing so would have been impossible and commitments in the UK meant you had to return when you did.

It is equally probable that the ECM was genuinely busy, genuinely had other commitments that could not be postponed and the earliest available appointment was 8 days later. How would you feel if you had been given an appointment within your time limit, only to have that appointment cancelled because someone else jumped the queue?

Any other comments I have to make on the system and the checks and balances contained therein to attempt to make it as fair as possible, along with Atlataname's comments arguing the opposite, can be found by searching the archives. Where we have each repeated them ad nauseum!

Link to comment
Share on other sites

I didn’t think there was a right of appeal with vv as there wasn’t 2 years ago when my girlfriend 1st applied. I appealed by writing a long letter which I emailed telling them that I would telephone a few hours later to ask their decision. I did so after staying awake all night, but it was like talking to the wall the ECO, in his early 30’s was a total wan**r and hung up on me when he couldn’t answer my objections. I phoned back and spoke to the ECM who was a right stupid B*t*h! I tied reasoning with her but wasn’t getting anywhere so I asked if she would please have a look at the application again. She said she would but,,,,, she also said that they wouldn’t change their mind about issuing the vv. How the hel_l could she say that without even knowing about the case?? The reasons for the refusal were pathetic!

COPY OF REFUSAL DETAILS

You have applied for an entry clearance to the United Kingdom for the purposes of a VISIT for 6 months.

BUT: you are unemployed, own no property or assets and all your savings come from your male friend, Mr *******. You have a young daughter but are prepared to leave her for an extended period with relatives. In light of this I am not satisfied that you are economically or socially well settled in Thailand or that, on balance, you will leave the UK on completion of your visit.

You met your sponsor in Phuket. You have spent a total of 2 weeks with your sponsor and have been in contact a total of 3 month. You have little evidence of contact with him and have not reached the point where you refer to him as your boyfriend, calling him a male friend. Given the preceding, I am not satisfied as to the nature of your relationship or your reasons for wishing to spend so long in the UK.

I am therefore not satisfied that you are genuinely seeking entry for the purpose and for the period as stated by you. I therefore refuse your application.

So in my case the appeal was a waste of time. A few days later I emailed the ECM who had previously suggested on the phone to apply again in a few months. I told her that when my g/f re-applies that she would still be unemployed, still own no property or assets and she would obviously still have a young daughter, so what will the answer be then?

The reply I received back was,

Whatever remains the same, remains the same.

What a stupid answer! Anyway she got the vv 2nd time round, perhaps with the help of a letter from my local MP stating that he was following the case with interest. Of course we’ll never know if his letter helped or not. We had known each other 3 months when she 1st applied. Then it was 3 months later when she got the vv.

So Duality, all I can say is, appeal after working out all your reasons for appealing. If that doesn’t work see your local MP explaining the situation. I think many people except what these people say and just think “oh well, maybe next time” Don’t except a refusal if you believe you are entitled and don’t give up without a fight!

Duality, May I ask how long you and your girlfriend have known each other? Also when did you apply for the 1st vv? The duration of your relationship can be very relevant to their decision.

Link to comment
Share on other sites

Phil, i don't think your treatment was particularly unusual. When the system works in your favour its wonderful , visa issued quickly and you are left wondering what all the fuss is about.

When , as in Duality and Phil's case it doesn't, its just the start of a long and miserable haul. ECO's and ECM's can and do (see above) behave less than politely and sometimes downright rudely. They do it because they can . Its not a new thing . I had the same rudeness in 1993 from the then ECM. Nothing has really changed and nothing will. They are backed up by the Government and you can make very limited headway in fighting them . They are a particular kind of person who obviously enjoys the power they undoubtably have . You have to ask yourself what kind of person would want that job. A bit like who would want to be a traffic warden . Its not just because they have a concern about keeping the traffic flowing . A bit of it is they LOVE giving tickets . Not theory , its common sense. And so for ECO's ... why do they want to do it ? Concern for protecting our borders against a few bargirls slipping in (like that is going to stop the world revolving). NO ... not just that reason , they love the power they have in deciding peoples futures and the fact they can be rude too is just a bonus for some!! I have met quite a few of them over the years and they all have that intangeable something you can't quite put into words .

Fortunately most applications go through ok. But i do have a lot of pity for those who fall foul of the system. It wouldn't be so bad if it was all done in a pleasant and friendly way . But its not is it ?. Its often very very nasty.

Link to comment
Share on other sites

Pretty sad. Most countries worry Thais will stay longer than they are supposed to.

Statistically in the case of divorce, seperation or unemployment Thais almost always go back to Thailand. It pretty rediculous that countries don't seem to recognize this. Especially in Europe and the US where countless other ethnicities are coming in and working illegally. It is sad that people that are trying to come legally are turned away.

Very poor short sighted unenlightened policies.

Link to comment
Share on other sites

If you and your GF can't make up and stick with a story, I don't understand all of the anger towards the embassy official. The official gave your GF the benefit of the doubt when he referred to the multiple holes in her story as "discrepancies". Let's see, you have a great job, and you're going to walk away from it for 6 months? That doesn't sound right. Regardless, if you search, you'll find even more egregious "discrepancies" - my favorite: neither the guy nor the GF can articulate if they want to get married or not. As one posted noted, previous interviews and applications are used to bolster a case.

The interview is only used to ascertain the legitimacy, duration, and nature of a relationship It sounds so simple, yet it's the simple things that get the visa application denied.

Link to comment
Share on other sites

Duality,

If you wish to speak to me, then send me a PM with your phone number and I'll give you a bell when I return to the UK. I get back on Friday, so would give you a call on Saturday.

It does appear that the principal reason for refusal is the discrepancy between the initial and subsequent applications over the intended length of stay, with the rest being window dressing. Sometimes a little bit of contrition goes a long way so, should your girlfriend reapply, you can say how sorry you are for any previous confusion and that you now realise how your vaccilation over the length of stay may have hindered your g/f's chances. However, you intend to marry in Thailand, so only a month's visit is planned etc.

Scouse.

Link to comment
Share on other sites

atlastaname, your post hits the nail on the head! Here here. Well described!

When , as in Duality and Phil's case it doesn't, its just the start of a long and miserable haul. ECO's and ECM's can and do (see above) behave less than politely and sometimes downright rudely. They do it because they can . Its not a new thing . I had the same rudeness in 1993 from the then ECM. Nothing has really changed and nothing will. They are backed up by the Government and you can make very limited headway in fighting them . They are a particular kind of person who obviously enjoys the power they undoubtably have . You have to ask yourself what kind of person would want that job. A bit like who would want to be a traffic warden . Its not just because they have a concern about keeping the traffic flowing . A bit of it is they LOVE giving tickets . Not theory , its common sense. And so for ECO's ... why do they want to do it ? Concern for protecting our borders against a few bargirls slipping in (like that is going to stop the world revolving). NO ... not just that reason , they love the power they have in deciding peoples futures and the fact they can be rude too is just a bonus for some!! I have met quite a few of them over the years and they all have that intangeable something you can't quite put into words .

Fortunately most applications go through ok. But i do have a lot of pity for those who fall foul of the system. It wouldn't be so bad if it was all done in a pleasant and friendly way . But its not is it ?. Its often very very nasty.

Link to comment
Share on other sites

Phil, is the application you refer to the one you talked about on another forum? You remember, the one where she lied in the interview and was caught?

Atlastaname, you infer that ECOs are some sort of inadequates who take pleasure in exercising their petty power. As Scouser is an ex ECO, do you consider him to be the same?

Link to comment
Share on other sites

Phil,firstly thank you for your praise of my posts. I do sincerely believe what i write is always quite near to the truth.You will get used to these caustic replies from GU22. He is the mouthpiece (although honestly i don't know what his motivation is. I would actually really like to know) for the British Embassy and a staunch supporter of the current system.

GU22, i am not saying they are inadequate. They may be perfectly adequate individuals in all other ways but like i say , they all have that certain something about them. Its the way they can be rude if they chose, the way they can hang up on you like they did with Phil above just because they don't like your questions. They are aloof and unnapproachable. And yes i do think that they like their power and enjoy using it . Its human nature. As with my example of the traffic warden, its common sense that a part of them enjoys giving out the tickets.

Regarding Scoucer (GU22 brought this up not me remember) , i think the position is slightly different. As i understand it from one of his posts a long time back , he was an Immigration Officer in the UK. Apparently he was seconded to do this job for a period of time within many other kinds of jobs he did whilst working for the Home Office. Presumably if he didn't want to do it he could have said no..but i can't know this . Whether he enjoyed refusing people entry into the UK or not i also cannot know. I DO think that some of the UK based IOs are very nasty bit i am not saying he was one of them. One tends to think he was one of the good guys as he has gone on to a new professional career in helping those who need advise to come here , helping those who are refused to get the decision overturned, helping those on this forum also. Or maybe that is a pennance for his previous job... i can't know can I? I am sure he is not inadequate and i am sure he is highly intellegant , although traces of his previous existance can be seen on this forum sometimes in the high handed way he restricts freedom of speech here. But then again , like the ECO's he does it because he can. And no-one can stop him...or them.

And just so he doesn't suspend me for exercising my freedom of speech (Scouce do remember GU22 did ask me to reply), i would also like to add he is extremely handsome , very young looking , with beautiful blue eyes and one of the most charismatic people you could ever wish to meet as well as being an excellent Immigration advisor :o:D

Just whilst we are on the subject of Immigration Officers , do any of you remember the series AIRPORT , seems like it was on TV in the UK about 10 years ago...ish.? The earlier episodes always seemed to include sections showing the Immigration at work , although i noticed the later episodes curiously removed all immigration bits and replaced them with more animal related things.Not sure what the reason was for that. In those earlier episodes they showed a couple of officers in particular , Eric and Caroline i think their names were. They were two particularly cold , rude people who obviously enjoyed their power and seemed quite happy refusing people to the UK. Like i say , you need to be a particular type of person to do that job , and they were that type. On the rare occasions when they did allow someone in , it was after a long delay and ALWAYS without any kind of apology. Everyone will have their own take on their behaviour but to me they were two nasty people . You didn't have to be a brain surgeon to see how much they enjoyed their job. And i saw the same traits of character in the ECO's in Bangkok and also in the IOs at Heathrow.

Finally (thank God you say ) GU22 has often questioned my motives in attacking the immigration system with particular reference to the British Embassy in Bangkok (because it is with them that i have a lot of experience). I don't have some hidden agenda , but i am angry that they can behave in the way they do. I am angry at their rudeness(legendary and frequently reported here by other than me), their obstructiveness, the misery they cause and the totally inadequate ways that are in place to rectify this. I got my partner the visas we wanted because of my strength of character and because i would never give up fighting. Others who do not have this strength will have their relationships destroyed through stupid almost absurb things like applying for a tourist visa and saying you want to stay 6 weeks and applying again and saying you now want 4 weeks . So what ?? so you changed your mind . They call that inconsistant..why? Are you not allowed to change your mind about how long you want to stay between making one application and the next one ? Apparently not according to the BE and GU22 amounst others.

This has taken me about an hour to type and believe me i would not do that if i didn't believe in what i say . And i thank those here who praise my posts and appreciate them . I hope they give you something to ponder on . Nothing is made up , all my stories are what really happened. I am not a troll and even GU22 and the gent (who is currently obsesssed with trolls)have never accused me of being that . I just wish that GU22 and the few others with tunnel vision could sometimes broaden their views to allow for the fact that i may actually have a point. And i wish ECO's could be nicer people . Unfortunately i see no reason for either wish to come true.

My partner and I have all the visas we want. The system cannot hurt us anymore. I need never make another post here but i stay to warn others of what COULD happen because no-one else seems to.

Link to comment
Share on other sites

GU22 and Atlastaname,

I think you are both intelligent, helpful guys but different experiences have given you different viewpoints. Reading both your viewpoints was very helpful when I was preparing my application.

There was something I was wondering earlier on in this thread. What if the ECO has doubts about the sponsor but he/she fulfills the financial and other criteria. For example, I successfully sponsored a girl for a visit visa with, in my opinion, a weak reason to return (letter from boss of massage shop allowing her holiday and a note in sponsors letter explaining not wanting to jeopardise future visas). Would it be granted if the following year I tried try to sponsor a different girl with exactly the same reason to return?

This is just a hypothetical question but I would be interested in anyone’s opinions.

Sorry about straying off topic.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.