Second UK Visit Visa Refusal

[rasg]

58 minutes ago, 7by7 said:

Note that the above does not apply for family settlement applications.

Thank you very much for this. Stupid question but do you have any idea why it doesn't apply for settlement visas? Presumably applying for a settlement visa and getting married will circumvent the ban?

 

Edited July 19, 2017 by rasg

[7by7]

19 minutes ago, rasg said:

Thank you very much for this. Stupid question but do you have any idea why it doesn't apply for settlement visas?

No; but suspect it's because the settlement rules are more stringent and there is little risk of an overstay.

 

Note that Para 320 (3), (10) and (11) and para 322 do apply to family settlement.

 

320 (3) and (10) are to do with an invalid or unrecognised passport, 320(11) reads

Quote

(11) where the applicant has previously contrived in a significant way to frustrate the intentions of the Rules by:

(i) overstaying; or

(ii) breaching a condition attached to his leave; or

(iii) being an illegal entrant; or

(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);

and there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process.

(7by7 emphasis)

and 322 is

Quote

(22) where one or more relevant NHS body has notified the Secretary of State that the person seeking entry or leave to enter has failed to pay a charge or charges with a total value of at least £500 in accordance with the relevant NHS regulations on charges to overseas visitors.

 

[bobrussell]

1 hour ago, rasg said:

Thank you very much for this. Stupid question but do you have any idea why it doesn't apply for settlement visas? Presumably applying for a settlement visa and getting married will circumvent the ban?

 

I suspect the ECO will study any application where there has been a previous fraudulent attempts with particular care but any blanket ban on a settlement visa is likely to face challenges on human rights grounds. It is the human rights of the partner, not the applicant!

A visit visa is a privilege whereas family life is a right (albeit a qualified one). I suspect this is the reason for bans not automatically applying to settlement visas. 

 

 

Edited July 19, 2017 by bobrussell

[penco]

15 hours ago, rasg said:

Very sensible recommending dishonesty in a visa application. NOT! A ten year ban from applying is likely to follow.

 

I saw those words for the very first time on a visa refusal notice just a couple of hours ago on a different forum. It is not something I would want to see for anybody and the applicant admitted in a phone call to the ECO that she had created a letter from her employer herself. It is a monumentally stupid thing to do.

.

I had known my, now, wife 14 weeks when we submitted her first visit visa back in May 2015. Alarms bell are not set ringing at all with a low salary,. Many Thai women are on a low salary. Only knowing somebody for a few months, or heaven forbid, having met in Pattaya are not necessarily negative points as long as there is a strong application. (My wife was working in the hotel restaurant where I was staying on my first trip to Thailand.)

 

But you still haven't answered my question as far as I can see.

 

Here it is again.

 

The OP didn't answer if his GF requested five months for the successful visit visa where she actually stayed for five months.

 

Actually I did but I obviously didn't make it clear.

 

We applied for 6 months. She got 6 months and stayed 5 months.

 

She only stayed 5 months because getting plane tickets at the drop of a hat cost a fortune, hence the delay of a month, during which time her visa was already valid and thus lost a month.

 

Hope that clarifies it.

[rasg]

6 minutes ago, penco said:

Actually I did but I obviously didn't make it clear.

 

We applied for 6 months. She got 6 months and stayed 5 months.

 

She only stayed 5 months because getting plane tickets at the drop of a hat cost a fortune, hence the delay of a month, during which time her visa was already valid and thus lost a month.

Interesting. What was her reason to return for a visit of that length?

 

I'm interested simply because many apply for a visa for, say a month, relying on their job as reason to return. They are then given a six month multi entry visit visa and stay for much longer than they originally requested and then have problems with the next visa application unless they can explain the reason for the longer trip.

 

 

Edited July 19, 2017 by rasg

[penco]

10 hours ago, rasg said:

Interesting. What was her reason to return for a visit of that length?

 

I'm interested simply because many apply for a visa for, say a month, relying on their job as reason to return. They are then given a six month multi entry visit visa and stay for much longer than they originally requested and then have problems with the next visa application unless they can explain the reason for the longer trip.

 

 

Job and family in Thailand. 

 

That plus plenty of proof of a relationship. By the time we were successful in getting a visitor visa I had been out to see her again (twice in less than 6 months) and we went together up to Isaan to see her family. Photos of this plus photos of us together during the previous trip and photocopies of the Thai visa stamps in my passport I think convinced them that our relationship was genuine and that we wouldn't risk jeopardising our eventual application for a settlement visa.

 

We originally met in 2004 and she does have family in UK that I am also very close too and they too were mentioned on the application making absolutely clear than she would not be a burden on the state and that our application was genuine.

[misterphil]

On 11/07/2017 at 11:55 AM, MaprangHolmes said:

That is total rubbish she wont get a 10 year ban for repeatedly applying for a visa you get that for lieing, they may well keep refusing it but that is about all. Your reason to return are also not really true, having children land, houses cars, motorbikes are all no reason to return. I have got my mother in law numerous visas to the UK and she has nothing. In fact she is here in the UK at the moment for 5 months and the visa was granted without any problem and with out having anything on your list

<deleted>

 

I know of a Thai who got a 10 year ban for persistently applying without the correct documentation. 

 

Mother in law in the UK? 

[theoldgit]

Post flaming other member removed.

[theoldgit]

I know of a Thai who got a 10 year ban for persistently applying without the correct documentation.

l have to say that I've never heard of that happening, unless you mean false or forged documents, in which case, yes the applicant could face a ban from applying for ten years.

[bobrussell]

You can apply as often as you like! They will take your money, say 'Thank You' and 'Next!'.

As theoldgit states above there has to be attempts at deception to result in a ten year ban.