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Nicola-mod
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Just received a refusal notice ] partner's settlement

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Hi, just received a refusal notice for [Thai] partner's settlement visa-(unmarried partner). On grounds of insufficient evidence from me. For whatever reason, the 3 items missing were simply misunderstood: SA302 form, full year of bank statements, evidence supporting Class 2 NI contribution payments. We lived together for 5 of the 14 years I resided in Thailand; I repatriated 2014. She has been here twice before on Tourist visas, worked in 5-star hotels since leaving University, and is aged 32. Fortunately the issues are with me, rather than her, as I am hopeful this can be fixed.
Refusal letter does inform an appeal can be made, but for the evidence lacking that sounds a little too serious. NB. The SA302 is now en-route from HMRC, and I went straight to the bank, and have in my possession the appropriate statements. My accountant has provided evidence of the NI payment instruction.
I don't quite get why they could not have just delayed the decision and asked for this information, it's easy enough to obtain, just an oversight/mishap in the beginning.
Can you advise?
Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
You have been advised correctly about going down the appeal route.
When you submit the appeal with the supporting documents, it will be sent to the entry clearance manager who will review the appeal and has the power to overturn the original refusal and grant the visa.
See here for further information on the process
http://findlaw.co.uk/law/immigration_emigration/residence/30570.html
Hope this helps
Customer: replied 1 year ago.
Hi,
The very term 'appeal' suggests entering an argument. I have no wish to argue with them as I don't think I can evidentially support where/why I believe certain mistakes were made. Therefore, I just want reason to be exercised and I'll stick my hands up for clearly misunderstanding certain required documentation (just as soon as the post permits, I will have all evidence in my hand, then expressed to Thailand) by way of review; I have extensively tried sourcing an email address for ECM, but draw blank. Do you have access to an Entry Clearance Manager in Bangkok, that I can plead my case for exceptional flexibilty?It's a very long story regarding how long we have already waited. Nutshelled: Applicant and I lived together the last 5 of my 14 year stay in Asia. I repatriated [here] Feb 2014 and employed services of Imm' Barrister to process her visa; post-consultation being told as self-employed I need one year of accounts first. Patiently waited. Had accounts formed/submitted very quickly at year's end. Tried contacting Barrister only to find they are questionable, and couldn't be trusted. Decided to do the application ourselves. As it stands, my partner and I have been apart for 18 months (apart from her 4-month stay here over winter/Xmas), and we simply feel that our patience/tenacity should be recognized so we can start enjoying life together again.So I would simply like to get through to ECM to ask for leniency. Can you help with that?
Expert:  UKSolicitorJA replied 1 year ago.
I am afraid you must lodge a formal appeal to kick in the process of getting the ECM to review the case.
I am afraid there is no other way to get the ECM to look at this and overturn the refusal, unless a new application is lodged addressing all the issues which led to the refusal of the original application.
By appealing and sending the necessary documents, you have a better chance of the refusal being overturned as you are arguing that your wife meets the requirements for the visa and the only issue was lack of sufficient evidence to convince them to grant the visa the first time around.
All the best
Customer: replied 1 year ago.
Just to clarify, we are 'unmarried partners', of 6+ years now; cohabitants for 5 years in Thailand, 4 months on her last visit here.I do understand your advice to appeal, as this is in line with their website.My concerns are though as follows: Appealing sounds distinctly like arguing to me (there are descriptions relating to it being found their Officer was in the wrong, etc...; I just wish to be constructive and move forward rather than risk a battle), and I fear that will have us on the wrong foot from the start. From what I have read an appeal could take anywhere from 1-week to 1-year; all depending upon it being overturned at the start (together with the specified docs earlier absent), or being escalated to a judging panel. 1-year is a scary prospect as we have been patiently following the rules for 18 months thus far. I haven't read anywhere that we will be kept informed as to the progress/escalation of the appeal, just we'll have to sit and wait, oblivious to how successful/long things will be. I accept these are all the correct bureaucratic measures, but feel that if reason prevailed, I can accept a slap on the hand for my misunderstandings, and be reviewed favourably.Please don't take this as inflexibility, just understand that I am still in shock, frustrated with myself for the mishap, and longing for my partner and I to get back to enjoying life again.Please bear with me and advise accordingly.
Customer: replied 1 year ago.
Having read the guidance on appealing, the actual grounds for appeal are clearly that of accusing the Officer (ECO) of a wrong decision. It doesn’t look to me that I can claim he was wrong, when the fact is I had some documents lacking at time of submission. This is exactly why I am scared to enter the appeals process. Moreover, I cannot use the term wrong, just inflexible.To you guys 'in-the-know' this may all be pretty normal...to me it sounds very serious. Please advise as to what 'my' grounds are, if the ECO is correct in his findings? I have read extensively this weekend and understand that he had the option to delay a decision and request the missing documents...that hurts.Reaching out for a little empathy here. From the outset (18 months ago) I secured the services of an expert Immigration Barrister Chambers [or so I thought], as starting my business required all of my time, and quite frankly I found the documentation for the application long and complex. I deposited £980 to the firm and as the Chambers were based in Birmingham, we agreed to a telephone consultation. Nearing the end of the hour long consultation, the Barrister told me “this is clearly a genuine relationship and you both meet all criteria, so I would expect her to be with you in around 6 weeks”. That was March 2014.The following week I received minutes of our consultation; within the notes there were a few minor inaccuracies. I notified the Chambers of the incorrect entries, including explaining the correct name order of/for Suwichaya, and that I was not working in Thailand for the previous 12-month period, as I was taking a well earned break; within the consultation I had been asked what my last Thai salary was (approx £1800pcm-net) but at no point was I ever asked “when was that employ”.This ‘minor’ inaccuracy turned out to be a very significant game-changer. I was then informed we will have to wait until I get a full year of Self-Employed accounts complete before we can move forward, and that the ‘package’ I had paid for would be safe and ready to use as and when I am ready. Devastated the goal posts had changed so drastically, we realised there was no other option and so planned her to visit for 4 months later in the year; this visa application was approved without incident, and a brief note included in my Sponsoring letter that the Visit Visa is an interim solution, until we are able to apply for the Settlement Visa.Over one year on (April 2015), and accounts being finalized, it took 3 weeks of calling before anybody at the Chambers answered the telephone; In this time I searched online and read a plethora of disturbing stories concerning this particular Chambers, and how they themselves had been penalized for several indiscretions. When they did finally answer a call, it was a very bizarre few minutes including the operative first telling me he had no record of my name, then that they had moved, the client portal was no longer in-service due to technical difficulties, all evidence of our dialogue through the portal was lost, and when I quizzed him, he finally elicited that my Barrister was no longer with them. He did say that my case will be transferred to another Barrister (the very one I read all the stories about) and that they are ready to continue where we left-off last year.I then emailed a request for my money back, as the whole event was leaving me feeling very uneasy /uncertain about them, and this visa application was/is far too serious for me and Suwichaya. For the record, they have yet to reply, but I plan to tackle that issue when my partner’s visa is sorted.Sharing with you the above information may just encourage you to see me as a worthwhile (albeit time-consuming) candidate, far removed from many of the cases that likely happen across your desk.
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Hi,
I did initially pay to get answers over an issue, and although the chap did reply I don't feel the subject is closed; the emails asking for me to rate the person state that I can continue the dialogue...it was my intention to rate the guy when we are through.Therefore, please do find another, have them privy to all the dialogue within these pages.I believe the payment I made lasts for a week. Should there be a dead-time whilst looking for an adviser, I guess that time is tagged-on to the end of the week...?Please do not draw any further fees from my account, as this facility leaves too much time in between Qs & As, that I don't expect I'll continue with it after a response to my last letter.Regards,
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola

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