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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My son has a girlfriend in Thailand who has applied for a holiday

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My son has a girlfriend in Thailand who has applied for a holiday visa, we submitted all documents and are happy to sponsor her. Because he sent a text in May saying that when she comes to england he would like to marry her, they have refused her visa under section 41. I agree this was silly of him as there have been no plans to arrange a wedding although at sometime in the future, if she likes the country once she has visited it may well happen. They have said we can only appeal if the decision is unlawful under section 19b of the RR act 1976 or under section 6 of the HR act 1998. Can you adivse us as to how we can appeal and arrange for her to have a holiday with us for three months?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Do the UKBA know about the text and was this the reasons for refusal?

 

Tom

Customer: replied 3 years ago.

yes they do, they stated that in the letter as well as saying that "you have failed to provide substansive evidence of your relationship with your sponsor, which casts doubt on your intentions in the united kingdom, in the light of this I am not satisfied on balance of probabilities that your are genuinly seeking entry into the Uk as a visitor or that you inted to leave the UK on completion of your visit as stated by you" I" I am not satisfied that you do not during this visit intend to marry or form a civil partenrship"

My son lived with this girl for 2 years in Thailand, they ran a bar together and it was only when the bar failed that he had to come home to work last year. She is meant to come for a holiday and to see if she likes the country as she has never left thailand before and indeed has a son there whom she would not leave for longer.

Expert:  Thomas replied 3 years ago.
Hi,

Do the UKBA know she has a son in Thailand?

Was a sponsorship declaration submitted by your son OR the persons she is to live with whilst she is here?

Tom
Customer: replied 3 years ago.

Hi

The sponsorship letter was signed by both my son and my Husband, my son lives with us, and she would stay with us while she is here. We are happy to guarantee her place to stay, her expenses while she is here and the fact that she will go back at the end of the stay. I have met her on my stays in Thailand and we get on very well. I stayed with them at their home. the UKBA know she has a son in thailand.

Barbara

 

 

Expert:  Thomas replied 3 years ago.
Hi Barbara,

Thanks for your reply.

Giving the UKBA a suspicion that your son and his girlfriend might marry was the absolute worst thing he could have done in terms of securing a visitor’s visa for her. The UK has an enormous and expensive problem with visitors that overstay and become illegal here. The UKBA think that she will overstay because she will marry your son and will not apply thereafter for the appropriate visa.

The two acts you mention here do not apply, the UKBA have a responsbility to regulate overstayers and the text message suggests that they are applying for a visitor's visa for another purpose (marriage) and that therefore there is a higher risk of overstay than would otherwise be the case.

If the long-term plan is for her to come here to settle permanently then my advice would be to hurry this up and make the application. The UKBA are now on an adversarial footing and will be very reluctant to approve another visitor’s visa application by her because of their suspicions.

If they do not intend to make an applicant for a fiancé visa or unmarried partner’s visa based on their 2 year cohabitation so that she can settle permanently then they can attempt a further visitor’s visa application, but I would not be at all optimistic of success.



The eligibility criteria for a visitor's visa is as follow, is that you need to show that:-
• You want to visit the UK for no more than six months;
• You intend to leave the UK at the end of your visit;
• You have enough money to support yourself during your stay in the UK without working or needing help from public funds

You have to try and show them that you have continuing obligations in Thailand which will continue after the visit and therefore convince them that she is not a risk of overstay. Things like a letter from her employer stating you have a job (if you do) and are expected to return to continue that job, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property, bank statements showing the money she has available), evidence of child care arrangements whilst she has gone and evidence that this shall ceased because she needs to return to look after the child (witness statements)..


If you and your son are to assist you during this intended stay you should ask go to a local solicitor to draft a sponsorship declaration in which they state the terms of your visit, that you are to return at the end of it, that event though your son in a relationship with her that you both know that he should leave at the end of the visit because it would harm the chances of any future application made to secure leave to remain on the basis of that relationship, that you shall accommodate you and pay the costs of any unforeseen expenses that should occur during her stay so that nether of you will need to access public funds. He also needs to explain why he sent the text that he did, if this was a joke then he needs to express this, if they have changed their minds about this or if she refused then they need to express this.

This should cost around £50+vat per declaration and you can find immigration solicitors via:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

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I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
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